Truck accidents usually result from some form of driver negligence. However, other individuals or entities may also be responsible for truck crashes, including employer trucking companies, truck repair facilities, and truck parts manufacturers. It often takes a skilled truck accident attorney to identify all potentially responsible parties for an accident.
Once you retain a truck accident lawyer to represent you in your case, they can begin investigating your accident circumstances, identifying all potentially liable parties, and pursuing the monetary recovery you deserve for your injuries.
Specifically, your lawyer can file a claim with the at-fault party’s insurance company, negotiate with insurance company adjusters, and litigate your case in the court system if the insurance company refuses to compensate you fairly.
Truck accident victims have five years to file a personal injury lawsuit for damages. This timeframe exists because of the applicable personal injury statute of limitations.
If an accident victim does not file a lawsuit within this time period, they forever waive their right to collect monetary compensation for their injuries, absent a few extremely limited circumstances. Therefore, you must act immediately to retain skilled legal counsel to represent you throughout your case.
Common Categories of Truck Accidents
When truck drivers, trucking companies, and others behave carelessly under the circumstances, serious truck accidents may result.
Some of the most common truck crashes that occur due to negligence include:
- Rear-end, or tailgate accidents, where the front of the truck hits the back of another vehicle, usually because the truck driver is tailgating that vehicle or speeding excessively
- Broadside or T-bone accidents, where the front of a truck hits the side panel of a vehicle that is traveling on an intersecting roadway, usually because a truck driver does not yield the right-of-way when it is appropriate to do so
- Sideswipe accidents, where the side of a large truck swipes the side of another vehicle that is traveling in the same direction, but in a different lane, because the truck driver is not paying attention or driving aggressively
- Head-on collisions, where the front of a large truck hits the front of a vehicle traveling in an opposing lane, usually because the truck driver is attempting to pass other vehicles in a no-passing zone or because the truck driver is distracted or intoxicated
- Truck rollover accidents, where a large truck or tractor-trailer overturns in the middle of a roadway or intersection, sometimes because the truck is speeding excessively for the prevailing weather or traffic conditions
- Truck jackknife accidents, where the tractor and trailer sections of a large truck fold inward, resembling the shape of a jackknife, and the truck skids forward, striking other vehicles in its path.
If you sustain physical injuries in any of these truck accidents, you need to consult with an experienced truck accident attorney in your area immediately.
Your lawyer can review police reports, speak with witnesses, or retain an accident reconstructionist to investigate the circumstances of your accident and determine how it occurred and who caused it.
Your lawyer can file a personal injury claim against all potentially responsible parties in pursuing the full monetary recovery you deserve for your accident-related losses.
Common Examples of Truck Driver Negligence
One of the most common causes of local truck accidents is driver negligence. Truck drivers generally behave negligently or recklessly when they fail to follow various traffic laws or state/federal motor carrier regulations.
Truck drivers have a duty to drive safely and carefully at all times. When they fail to do so, they may bring about extremely serious accidents. Common road-rule violations that can lead to a truck collision include excessive speeding, turn signal violations, failure to use mirrors, and failure to yield the right-of-way to other vehicles, especially at traffic intersections where intersecting traffic has the green light.
Truck drivers may also cause a serious accident if they violate one or more motor carrier regulations.
Common motor carrier regulations that truck drivers violate and lead to a serious accident include:
- Failing to properly inspect the tractor and trailer before embarking on a long trip, including visual inspections of all lighting components
- Failing to follow proper weight and cargo limits
- Failing to properly load cargo onto a trailer
- Failing to properly secure cargo on a trailer.
When truck drivers and trucking companies fail to follow these regulations, serious accidents may happen. For example, if a truck driver fails to properly secure their cargo to the bed of a trailer, the cargo may slide off while the vehicle is in motion, causing it to fall onto the road and causing a serious accident.
Additionally, if a truck driver or trucking company fails to properly load cargo onto a vehicle, then the vehicle might become top-heavy and tip over while in motion, resulting in a single collision or multiple collisions that involve numerous vehicles.
Drivers are also negligent if they operate their large trucks while under the influence of alcohol or drugs. These substances can alter a truck driver’s mindset, preventing them from safely operating their vehicle.
Alcohol, for example, is a depressant and slows down the nervous system’s ability to function properly. As a result, an intoxicated truck driver may experience profound disorientation, lack of concentration, and dizziness. They may also experience physical symptoms, like blurred vision, which prevent them from seeing other vehicles and cause them to drive erratically.
An intoxicated driver might also lose control of their reflexes, preventing them from stopping their truck in time to avoid a crash.
Truck drivers also cause accidents when they become sleepy while behind the wheel. Many truck people drive for long hours to reap financial bonuses from their trucking companies.
However, they put themselves and other drivers at risk by failing to sleep or taking frequent rest breaks. When a driver becomes sleepy while behind the wheel, they may lose their ability to concentrate or fall completely asleep at the wheel, losing control over their vehicle and bringing about a serious accident.
Another common cause of truck accidents is truck driver road rage. When drivers are in a hurry to reach their final destination, they may resort to various aggressive driving maneuvers to speed ahead of other traffic.
For example, they might honk their horn aggressively, use their high beams at inappropriate times, tailgate other vehicles, or aggressively cut off other vehicles in heavy traffic, inadvertently causing a crash.
Finally, some truck drivers are negligent when they drive distractedly. For example, instead of paying close attention to the road, a truck driver might look at their cell phone, program a GPS navigation device, or adjust the volume on their stereo. Any of these activities can turn a driver’s eyes away from the road, preventing them from seeing other vehicles or pedestrians and causing an accident.
If you sustained injuries in a truck accident that resulted from a truck driver’s negligent or reckless behavior, you need to speak with a personal injury attorney right away to determine your legal options.
Your attorney can thoroughly investigate the circumstances of your accident, explore all possible legal options, and identify all potentially responsible parties for your accident. Your lawyer can then help pursue a personal injury claim with the at-fault party’s insurance company.
How Can a Trucking Company Be Negligent for an Accident?
In addition to negligent truck drivers, the trucking companies that employ negligent drivers may also share in some or all of the responsibility for a truck accident. Just as truck drivers have a duty to drive safely and carefully, trucking companies must hire and retain only responsible drivers who do not have a history of moving violations.
They are also responsible for properly supervising their employee drivers at all times, ensuring they comply with all continuing education requirements and certifications. When a trucking company deviates from the standard of care, such as by negligently entrusting one of their vehicles to an irresponsible driver, they may share in some or all the liability for any truck accident that results.
A truck accident attorney in your area can determine if you can take legal action against a trucking company that employed the driver who caused your accident. They can file a claim against that trucking company’s insurer. In many instances, both the negligent truck driver and the trucking company will have the same insurance company.
Other Potentially Liable Parties for Truck Collisions
In addition to negligent truck drivers and trucking companies, other individuals or entities may share in the liability for a truck accident. For example, if a repair facility recently performed work on a tractor or trailer, and a malfunction happens on the road that causes a truck accident, the victim can file a claim or lawsuit against the repair facility.
For example, if the repair facility recently performed work on the truck’s braking or steering system, and the system malfunctioned while the driver was out on the road, then the repair facility may be fully or partially responsible for the crash.
Additionally, if a truck part or component was defective, and that defect caused or contributed to the accident, the injured accident victim can involve a product manufacturer or distributor in the personal injury claim or lawsuit.
Your truck accident lawyer can identify potentially responsible parties and bring the appropriate claim or lawsuit to recover the monetary compensation you deserve.
Injuries in a Truck Crash
When truck drivers, trucking companies, and others behave negligently, and a serious truck accident results, accident victims may suffer debilitating injuries that leave them incapacitated for a significant amount of time.
In some accident situations, victims may suffer permanent injuries that may cause them to experience lifelong pain, suffering, and other complications.
The injuries that a truck accident victim suffers will depend upon various factors, including the speed of the involved vehicle, the force of the collision, the accident victim’s bodily movements inside their vehicle when the crash happens, the accident victim’s position in the vehicle, and other accident-related circumstances.
Some of the most common injuries that victims of truck accidents suffer include complete and incomplete spinal cord injuries, paralysis, broken bones, rib fractures, soft tissue neck and back injuries, bruises, open lacerations, jaw and mouth injuries, eye injuries, and death.
If you suffered any of these injuries in a truck accident that resulted from someone else’s negligence, you should concentrate on getting better and completing your prescribed medical treatment regimen.
This regimen may include appointments with specialist doctors, such as orthopedists, physical therapy or other medical treatment. Completing your medical treatment regimen successfully increases your chances of fully recovering and shows the at-fault party’s insurance company that you took your medical treatment seriously.
You also increase your chances of obtaining a favorable settlement offer from the insurance company if you fully complete your treatment regimen.
During this time, your truck accident attorney can begin advocating for your legal interests and gathering the documents necessary to prove your claim or lawsuit.
Maximizing Monetary Compensation in a Truck Accident Case
In a truck accident claim or lawsuit, the truck driver or trucking company’s insurer will not do you any favors. In fact, they will do everything they possibly can to undermine your personal injury claim and avoid making a substantial monetary payout to you.
However, a knowledgeable truck accident lawyer can combat the insurance company’s tactics and maximize your damages. Your attorney can accomplish this goal by highlighting the strengths of your case, including police reports, medical treatment records, and other documents.
They can also elicit favorable expert testimony to convince the insurance company that your injuries are serious and resulted from the truck accident.
When a truck accident victim can satisfy their legal burden of proof, they may recover monetary damages through a favorable settlement offer from the insurance company or personal injury litigation in the court system.
Compensable monetary damages may include recovery for all the following: past and future medical expenses, loss of earning capacity, lost income, loss of the use of a body part, permanent disfigurement or disability, inconvenience, past and future pain and suffering, lifetime care costs, lost quality of life, and loss of spousal consortium.
Your attorney can determine your eligibility to recover these damages from the insurance company and will do everything possible to maximize your overall case value.
Speak with a Truck Accident Attorney in Your Area Today
If you recently sustained injuries in a truck accident, you must take the necessary steps to retain qualified legal counsel in your case immediately.
Cape Girardeau Truck Accident Lawyer, Phillip J. Barkett, Jr
Your attorney can immediately begin advocating for you by gathering the appropriate documentation to prove your case and recover the monetary damages you deserve.
Your lawyer can also handle all settlement negotiations with insurance company representatives on your behalf and if your case goes to litigation, represent you at all legal proceedings in court.
Your personal injury attorney will do everything possible to highlight the strengths of your case, downplay any weaknesses, and pursue the highest amount of compensation available to you.