Commercial truck accidents are quite different from other motor vehicle accidents. Big rigs may weigh as much as 80,000 pounds, and the resulting injuries from a crash can be devastating or fatal. The National Highway Traffic Safety Administration reports that commercial trucks have a higher chance of causing a fatal accident than passenger vehicles.
The seriousness of many truck accidents means proving liability is critical for receiving fair compensation. Without proving fault, you cannot receive payment for your medical bills, lost income, pain and suffering, and property damage. A truck accident lawyer will determine who is at fault for your accident and hold them liable for your damages.
Why Are Truck Crashes Different?
If a negligent truck driver or other party injures you in a truck crash, you should receive compensation for your losses. However, settling a truck accident claim is usually harder than other motor vehicle accidents. Here’s why:
Severe Injuries
Trucks are big, heavy, and take longer to slow down than cars. That massive mass of metal, plastic, glass, and steel carries a tremendous impact on a much smaller vehicle. The result is often catastrophic, life-changing, and expensive injuries: traumatic brain injuries, paralysis, severe burns, amputation injuries, internal injuries, and sometimes death.
Such severe injuries can be long-term or permanent, with high medical bills and other expensive damages. These claims are harder to settle with so much at stake, but a skilled truck accident lawyer gives you an edge.
More State And Federal Regulations
Truckers and their employers must closely follow complex state and federal laws to avoid truck accidents. There are strict rules on driver qualifications and hiring, vehicle maintenance, hours the driver can be on the road without resting, and more.
In many truck crashes, breaking these laws may have contributed to the truck crash. This may make determining how the crash happened more difficult. The at-fault driver or company may be fined by the state or federal government for breaking the law that caused the accident. The accident victim can also file a lawsuit against them for their injuries.
Various Negligence Claims
Truckers often crash because of speeding, texting and driving, drinking and driving, and reckless driving. However, the cause of a crash may be based on negligence reasons unique to truck accidents, including poor hiring practices, breaking hours of service rules, and poor truck maintenance. As the injury victim, you probably will not know the many ways that negligence may need to be proven to win your case.
These are only a few of the complicating factors that may make settling a truck crash claim harder. You need a skilled truck crash attorney to pursue the most money in your case.
Potential Defendants In A Truck Accident
Another major difference with tractor-trailer accidents is there are often multiple parties responsible for the victim’s damages. The truck driver may be at fault for speeding, fatigue, distraction, or reckless driving. The trucker is usually at least partially responsible for the accident because of driver error. But other parties also can be liable for the crash, including:
- The owner of the truck may be different from the driver. The truck or trailer owner may be partially at fault for the crash because of a defective part, improper cargo weight or distribution, and other faults.
- The company that employs the truck driver. Most truckers are employed by trucking companies, but others may be self-employed. The employer may be vicariously liable for the negligence of the driver. The employer can be accountable for improper training, hiring a bad driver, or violating the hours of service (HOS) rules for its driver.
- A state or local government agency that contributed to the truck accident. This can be the case if a defective road or improper construction area design contributed to the truck accident.
- A vehicle or part manufacturer that made a defective product that contributed to the truck crash.
- A maintenance company that improperly repaired the truck that led to the accident. Tractor-trailers must be regularly inspected and maintained. The maintenance company could have used a bad part or made a mistake during repairs of critical components.
A truck accident attorney may review your case to determine all potentially liable parties for your injuries and damages. Several people and entities can be liable and may have their own insurance policies. More insurance policies means potentially more compensation for severe injuries.
Having a skilled truck accident lawyer representing you is best for proving liability and negotiating with the insurance companies. The insurance company for the driver or employer may try to pay you less than you deserve. They also may attempt to deny your claim outright, but a truck accident attorney will hold the liable parties accountable and stand up to the insurance companies tactics.
How A Truck Accident Lawyer Helps You
Dealing with the many aspects of a severe truck accident is overwhelming for the victim. You may have severe injuries, pain, surgeries, rehabilitation, medical bills, regular bills, and you can’t work. The last thing you need is to worry about proving fault and negotiating with an insurance company. An experienced tractor-trailer accident attorney can help with:
- Investigating the truck crash: A complete truck accident investigation by experienced professionals is needed to find every possibly liable party. Evidence must be collected and analyzed to support your claim. Evidence your attorney may use to prove fault are police reports, eyewitness statements, vehicle maintenance reports, electronic driver logs, physical crash scene evidence, and surveillance and dashcam video of the accident.
- Building the best accident claim: Your truck accident lawyer will gather the best evidence into a robust case that shows the level of damages you suffered and who caused them.
- Negotiating with the trucking insurance company: Insurance companies for carriers focus on paying as little as possible to accident victims. You may have debilitating injuries, such as shattered bones, brain or spine injuries, burns, severe cuts and lacerations, etc. Your attorney will negotiate aggressively with the insurance company to obtain the most money for your losses.
- Going to trial: Most truck accident claims are resolved with a settlement. However, your attorney may recommend going to trial if the settlement offers you receive are insufficient. A skilled truck accident lawyer is equally adept at settlement negotiations and truck accident court trials.
After a truck crash, the best thing for you is to focus on getting better. Hiring a skilled personal injury attorney will help you receive the most money for your injuries with the least hassle and stress.
How A Truck Accident Lawyer Proves Fault
Proving liability for a truck accident claim can be difficult, but your attorney can prove negligence in these serious incidents. Negligence has four elements that your truck accident attorney must prove:
- Duty of care: Truck drivers have a higher duty of care to other drivers and pedestrians on the road. For example, truckers must obey speed limits, drive their rigs carefully to avoid accidents, and not drive beyond their weekly allowed hours.
- Breach of duty: The truck driver violated their duty of care. For example, a truck driver might drive too many hours, fall asleep, and crash into you in traffic.
- Causation: Using the example above, the truck driver caused your injuries because they fell asleep.
- Damages: You have damages from the accident, including medical bills and lost income.
How You Can Help With Your Truck Accident Lawsuit
Hiring a seasoned truck accident attorney is a critical step to obtaining the best result in your case. There are also other actions you should take to maximize the chances of winning your claim or lawsuit. Remember, a truck crash usually triggers severe injuries, and you will need compensation for your injuries to heal and to rebuild your life:
See A Doctor Immediately
You need medical assistance immediately after a truck accident. First, this ensures that you get critical medical treatment for injuries to reduce the risk of a severe or fatal injury. Injuries can worsen when care is delayed. You may have a serious injury, such as a head injury, but not notice it in the initial hours after the accident. A doctor should check you immediately for any life-threatening injuries.
Second, obtaining fast medical assistance for truck crash injuries shows the insurance adjusters that you have a serious injury. Thus, you should receive ample compensation. Not getting quick medical care may be used by the insurance company to say your injuries were not as serious, to reduce what you are owed.
Getting prompt medical treatment also means that your injuries will be documented in your medical record. An accurate medical record is vital to building a robust truck crash claim. The medical documentation proves your injuries and their severity. Your medical record will ensure you receive the correct treatment and more money for your injuries. Your truck accident attorney will rely on your medical record to prove to the insurance adjuster what you should receive in compensation for injuries.
Evidence From The Crash Scene
It’s a truck accident, and you may be seriously injured and rattled. However, obtaining important crash information at the scene can bolster your claim. Pictures and video and information from crash witnesses can be key. Getting every detail of the accident from third parties is important to prove to the insurance company who caused the accident.
Your truck accident attorney will gather any post-accident information you collect to start building your case. They will thoroughly investigate the accident and collect critical evidence such as video or dashcam footage, photos, and witness statements. However, anything you can provide after the accident will be important.
Limit Or Avoid Conversations With The Trucking Insurance Company
Interacting with the trucking insurance company is risky. Their adjusters may try to collect information from you that can affect your claim. So, you should be cautious when offering any statement to the insurance company or taking a settlement offer.
The insurance company may call you after the accident in the hopes that you don’t have a truck accident attorney yet. They may attempt to offer a low settlement and close the case. You should politely decline to talk to them and say you are hiring a truck accident attorney. Your attorney should deal with the insurance company, not you.
Also, any settlement offer you are provided by the insurance company should be reviewed by your personal injury attorney. Generally, a fast settlement offer in a severe truck accident is inappropriate from your perspective. You probably don’t fully understand the severity of your injuries, how much work time you will lose, and much more. How can you take a settlement offer without knowing how much your medical bills will be? You can’t.
An experienced truck accident attorney will advise you to wait to settle your case until your injuries and other damages are fully known. You should wait to start settlement negotiations until you have reached maximum medical improvement (MMI) for your injuries. This can take at least weeks and possibly many months. Waiting until you are healed ensures that your truck accident lawyer knows how much money to demand from the liable party.
Contact A Truck Accident Attorney Today
Were you in a truck accident recently? It’s important to have a truck accident attorney review your case promptly. Determining fault in a truck accident is often complicated and requires the experience of a seasoned truck accident attorney.
A truck accident attorney understands the specific regulations and laws that govern the trucking industry. They can identify any violations or negligence on the part of the truck driver, the trucking company, or any other party involved. By proving liability, they can hold the responsible parties accountable.
Speak to a truck accident lawyer today in a free legal consultation to find out if your case may lead to compensation. You don’t pay out-of-pocket legal fees for your attorney’s services. They are paid a contingency fee at the end of your case, based on how much money you receive in a settlement or jury verdict. Don’t delay, call today.
