Commercial trucks are a common sight on our roads. Many drivers of smaller vehicles cannot help but clench their hands tighter on the steering wheel when driving near large trucks. This is a normal reaction considering the size and weight of these vehicles and the probability of disastrous consequences in the event of a collision.
If you are in any type of truck accident, you can face a long road to recovery, both physically and financially. You want an experienced truck accident attorney by your side from the start, so consult a law firm near you today.
Types of Trucks on Our Roads
Trucks are powerful workhorses and the wheels of commerce. These vehicles perform many tasks that keep the U.S. economy running smoothly. Statistically, the trucking industry generated more than $940 billion in gross freight revenue last year alone.
Some trucks you might encounter on our roads includes:
- Tractor-trailers. Also known as semi-trucks, 18-wheelers, or big rigs, tractor-trailers are the backbone of long-haul freight transport. The “tractor” refers to the front part with an engine, which pulls a series of “trailers” loaded with cargo.
- Flatbed trucks. Flatbed trucks are characterized by their open, level bed with no sides or roof. This design allows for the transportation of oversized loads or machinery that doesn’t fit within the confines of a standard closed-body truck.
- Dump trucks. Dump trucks come in handy on construction sites. They are specifically engineered to haul large quantities of materials such as sand, gravel, and demolition waste and to easily unload their cargo via a hydraulic open-box bed that tilts to the rear.
- Garbage trucks. Garbage trucks follow a similar principle as dump trucks but are designed for waste management – they pick up, compact, and transport waste to disposal facilities.
- Tanker trucks. The cylindrical tanks gleaming behind the cab of tanker trucks indicate their purpose. These trucks are the vessel of choice for transporting liquids, gasses, or dry bulk cargo. They can carry a variety of loads, from milk and water to gasoline and chemicals.
- Tow trucks. In the event of vehicle breakdowns or accidents, tow trucks come to the rescue. These trucks are equipped with a mechanism for lifting, pulling, or carrying a car or truck. Several types of tow trucks have varying mechanisms like boom, hook and chain, wheel lift, and flatbed.
Regardless of the type of truck involved in a collision, the consequences can be tragic and devastating for everyone involved.
What Are the Common Types of Truck Accidents?
More than 150,000 Americans suffer injuries and 5,000 die in truck accidents every year. Truck crashes can happen in many ways, but the most common types of accidents involving large trucks include:
Wide Turn Accidents
Truck drivers often need to swing left to make a right turn due to their vehicle’s large turning radius.
This maneuver can lead to an accident where the truck obstructs additional lanes, potentially trapping or striking other vehicles on the left or right side.
- Scenario: You may be driving in a lane adjacent to a tractor-trailer when suddenly it veers into your lane while making a right turn, trapping your vehicle between the truck and the curb.
T-Bone Accidents
T-bone accidents occur when the side of a truck collides with the front or rear of another vehicle, forming a T shape. These accidents usually happen at intersections and can be particularly dangerous due to the limited protection provided by the sides of vehicles.
- Scenario: You are passing through an intersection with a green light when a truck driver, failing to yield the right-of-way, crashes into the side of your car, causing a T-bone collision.
Underride Accidents
In an underride accident, a car slides underneath a truck’s trailer. This type of crash often results in severe injuries or fatalities since the top of the vehicle might crumple or shear off upon impact with the bottom of the trailer.
- Scenario: You are driving behind a truck at night when the truck driver suddenly applies the brakes. Your car cannot stop in time and slides under the rear of the trailer.
Rollover Accidents
Trucks can tip or roll onto their sides, leading to rollover accidents. Causes can be sudden maneuvers, shifting cargo, or loss of control. These rollovers endanger the truck driver and other road users near them.
- Scenario: You are driving on a highway during heavy winds when the truck beside you suddenly tips over and rolls onto its side, hitting your car and obstructing the roadway.
Jackknife Accidents
If a truck driver brakes suddenly and hard, the trailer might swing out to form a 90-degree angle with the cab, resembling a folding pocket knife.
Jackknife accidents are very dangerous and can block multiple lanes of traffic or collide with numerous vehicles.
- Scenario: While driving a car, you witness a truck driver abruptly hit the brakes, causing the trailer to swing out to form a 90-degree angle. You cannot stop in time to avoid a collision and end up crashing into the truck’s trailer.
Tire Blowout Accidents
Tire blowouts can cause the truck driver to lose control, leading to unpredictable vehicle movements.
The suddenness of a blowout, coupled with debris from the tire, can create roadside hazards for other drivers.
- Scenario: A tire on a passing truck suddenly bursts, sending rubber flying and the truck swerving violently, possibly into other vehicles.
Blind Spot Accidents
Trucks have larger blind spots than passenger vehicles, known as “No-Zones.” If a truck changes lanes or turns without noticing a vehicle in its blind spot, it can result in a blind spot accident.
Due to the truck’s size, these collisions can be devastating for smaller vehicles.
- Scenario: The truck driver cannot see you in a No-Zone. When they try to maneuver their vehicle without clearing the no zone, they collide with yours.
Lost Load Accidents
Improperly secured or overloaded cargo can fall off trucks, causing lost load accidents. Debris or cargo on the roadway poses significant risks, as drivers may not have time to react, leading to multi-vehicle pileups or loss of control.
- Scenario: You are driving behind a truck when its cargo starts to spill onto the road, creating obstacles that might lead to multi-vehicle collisions or force cars off the road.
These types of collisions can have severe consequences for everyone involved. If you recognize any of these scenarios in your situation, it may help to speak with a truck accident lawyer who can help you understand your rights and options moving forward.
Common Injuries Suffered by Victims of Truck Accidents
Trucks can be up to 30 times heavier than passenger cars. The disparity in size and weight contributes to the possibility of catastrophic injuries and fatalities among occupants in passenger cars.
Below is a list of common injuries that victims of truck accidents may sustain:
- Head and brain injuries. Victims of truck accidents may experience traumatic brain injuries (TBI), concussions, or other head traumas. These injuries may lead to long-term cognitive issues and memory loss, as well as temporary or permanent emotional and behavioral changes.
- Internal injuries. The force of impact during a truck collision can lead to internal bleeding and damage to internal organs. Injuries to the liver, spleen, kidneys, or heart can kill if not immediately diagnosed and treated.
- Spinal cord injuries. The violent jolt in a truck accident can cause spinal cord damage, potentially resulting in partial or complete paralysis. These injuries can affect the victim’s mobility and sensory functions and may even result in permanent disability.
- Loss of limb. The catastrophic nature of a truck accident may sometimes necessitate the amputation of a limb. This irreversible outcome can drastically alter a victim’s quality of life and require extensive rehabilitation.
- Disfigurement. Truck accidents can leave survivors with significant scarring and disfigurement, sometimes requiring reconstructive surgery. The psychological impact of altered appearance can be profound, often requiring long-term psychological support.
- Broken bones. Fractures are common outcomes of truck accidents, ranging from simple breaks that may heal with time to complex fractures that require surgical intervention.
- Rib and torso injuries. The chest area can suffer greatly in a collision, causing broken ribs and damage to the torso. Such injuries can be extremely painful and cause complications like pneumothorax or hemothorax.
- Lacerations, cuts, and bruises. These injuries, while often less severe, can be painful. Deep cuts may need stitches or other medical attention to prevent infection and promote healing.
Seek immediate medical attention after a truck crash to receive proper care and document your injuries. If you skip this step, you might have difficulty obtaining compensation for your medical expenses and other losses.
Who Can Be Liable in a Truck Accident?
You must know who is liable for the crash before you can demand compensation after a truck accident. Potentially liable parties in a truck accident may include:
The Truck Driver
In many cases, the truck driver may be liable, especially if their negligent behavior (e.g., speeding, distracted driving, etc.) caused the accident.
- Example: If a truck driver was texting while operating the vehicle and collided with a passenger car, causing injuries to occupants, the trucker can be held liable for any resulting harm.
The Trucking Company
You can hold the company that owns the trucking operation liable, particularly if it does not follow regulations concerning vehicle maintenance, driver training, and/or driver hiring.
- Example: If a truck company fails to do a background check and hires a driver with a history of DUIs, and that driver causes an accident under the influence, the trucking company can be held liable.
The Truck Driver’s Employer
If the truck driver is not an independent contractor but an employee, you can hold the employer liable under the legal doctrine called respondeat superior, which holds employers responsible for their employees’ actions within the scope of employment.
- Example: If a driver employed by a delivery company negligently runs a red light and hits another vehicle during their delivery rounds, the employer may be responsible for the employee’s actions.
The Loading Company
Improper cargo loading can lead to an accident, in which case the company responsible for loading the truck can be held liable.
- Example: If a loading company fails to secure cargo properly, leading to loads shifting inside the truck and causing the truck to tip over and crash, that company can bear responsibility for the accident.
The Manufacturer of the Vehicle or Parts
The manufacturer of the truck or its parts can be at fault if a defective part leads to an accident.
- Example: If faulty brakes failed and caused the truck driver to lose control and crash, the brake manufacturer could be liable if it is determined that defective brakes led to the accident.
The Owner of the Truck
Sometimes, the truck’s owner may not be the operator or the trucking company but a separate entity. You can hold the truck’s owner liable, particularly if the accident was due to the owner’s negligence in maintenance or safety.
- Example: If a company that owns and leases out trucks doesn’t maintain them adequately, leading to an accident due to mechanical failure, the owner can be held responsible for damages.
Do You Need a Truck Accident Lawyer?
After a truck accident, you – as the victim – might wonder how hiring a truck accident attorney might help you.
Only some ways a lawyer can benefit you include:
- Explain the laws and regulations. Regulations such as hours of service for truck drivers, maintenance requirements, and maximum load limits play a crucial role in your case. A truck accident lawyer understands these intricate laws and can determine how they affect your claim.
- Advise you on your options. A lawyer familiar with truck accidents can lay out all your potential courses of action. Whether negotiating with insurance companies or filing a lawsuit, they can advise you on the best steps to take based on the specifics of your case.
- Investigate the crash to determine liability. Determining who is at fault in a truck accident can be complex. As mentioned earlier, it may not be just the driver. Liability might also extend to the trucking company, contractors, employers, or even the manufacturers of trucking parts that might have failed.
- Fully account for your losses. Severe truck accidents can result in significant losses, from medical bills and lost income to pain and suffering. A lawyer can help ensure that the full extent of your damages is calculated and accounted for.
- Deal with the insurance, trucking, and others on your behalf. Trucking companies typically have formidable legal resources at their disposal, whose primary goal is to limit the company’s liability. A lawyer can expertly negotiate with the trucking company, insurance company, and others on your behalf, ensuring they do not undervalue or dismiss your claim.
- Handle all aspects of your legal case. The legal aftermath of a truck accident involves piles of paperwork, strict timelines, and legal procedures. A competent lawyer will handle all aspects of your case, allowing you to focus on recovery. It includes complying with the statute of limitations, which varies by state. In California, for example, injured victims have two years from the date of injury to sue the liable party.
- Prepare your case for litigation if necessary. Not all claims are settled out of court. If your case proceeds to litigation, you will need a lawyer prepared to fight for your interests in front of a judge or jury.
If you are ready to discuss your case with a legal professional, contact a San Jose personal injury lawyer. A conversation with a lawyer may not cost you anything, as many lawyers offer free initial consultations.