Tractor-trailers are the backbone of the American economy. Chances are that most items you purchased last week arrived in your city on a commercial truck. However, many truck accidents happen every day that cause severe injuries, and there are many causes. In most cases, the trucker or trucking company is responsible, and the injured victims deserve compensation.
The second a truck crash happens, the carrier and insurance company will start working to defend itself against a claim. If the trucker caused the crash that injured you, you will need a truck accident attorney to fight for the most compensation.
Don’t let the insurance company take advantage of you: Speak to a truck accident attorney today to learn your legal options for compensation.
Commercial Truck Accident Statistics
Approximately 5,800 commercial trucks were in fatal crashes in one year alone. This was a two percent rise in a year and a 50 percent increase in the last decade.
Commercial trucks account for 6 percent of all fatal accidents and ten percent of all total motor vehicle miles traveled. About 66 percent of truck accident fatalities are car occupants, and 16 percent are pedestrians or cyclists.
In one year, 120,000 commercial trucks were involved in crashes with injuries, a two percent increase from the previous year. In most cases, someone other than the injury victim was responsible for the crash.
If this happens to you, promptly retain a big rig accident lawyer. The carrier's insurance company may call you to try a quick settlement offer. Never fall for it.
Their goal is to get you to settle before you retain a lawyer - and find out what your claim may be worth! Insurance adjusters know that most injury victims cannot imagine how much a severe truck crash claim can cost them. Always politely decline any settlement offers from the insurance company and refer them to your truck accident attorney.
Why Truck Crashes Happen
One of your truck accident attorney’s jobs is determining how the crash happened. The most common causes of truck accidents are as follows:
Truck Drivers
Driving error or negligence causes most truck accidents, but it depends on the case.
Common causes of truck crashes by drivers are:
- Distracted driving: Truck drivers spend long hours on the road. They may become bored and distracted by cell phones, GPS, tablets, radio, eating and drinking, etc. Truckers are not allowed to use handheld electronic devices while driving. You can hold them liable for causing a truck accident due to distracted driving.
- Speeding: Truckers often feel pressured to deliver their load on time, so they may drive far above the speed limit to get where they need to go. Trucks are much heavier than cars and take longer to slow down. Crash severity rises dramatically when truckers break the speed limit.
- Reckless driving: Truckers must drive safely because they have a commercial driver’s license. They are not allowed to speed, cut off other drivers, tailgate, or drive aggressively. A truck crash attorney can hold a reckless trucker liable for injuring you.
- Fatigued driving: US law restricts how long truckers can drive and the number of hours in a week. They must take sleep and rest breaks after several hours, but many truckers and employers push the limits. A truck crash because of driver fatigue can lead to liability in a personal injury claim.
- DUI: Driving under the influence violates the law, and it’s a serious offense when a truck driver is drunk or drugged behind the wheel. Your truck accident attorney will learn if the trucker was drunk or high when the crash occurred. If so, you can receive more money for your losses.
Professionals estimate that at least 60 percent of truck crashes occur when the truck hits another vehicle. Many crashes result from speeding, while distraction and driver fatigue are common factors.
Trucking Companies
Trucking carriers must ensure their drivers and rigs are safe for the road. If a trucking company does not do so, you can hold them liable in a lawsuit.
Some of the ways that you can hold trucking companies liable for your injuries are:
- Negligent hiring: The trucking firm must ensure that drivers are qualified and well-trained. If the trucking company hires a driver who is unqualified or unsafe, they can face liability if an accident occurs. Your truck accident attorney will review the trucker’s hiring records and driving history to determine if negligent hiring was a factor.
- Inadequate training: It takes extensive training for a truck driver to learn how to drive a huge rig safely. The trucking company is responsible if driver training leads to an accident. Your attorney will review the trucker’s training to determine if the training was subpar.
- Hour-of-service (HOS) issues: Federal law limits the number of hours a driver can drive and be in service in a day and week. HOS violations lead to driver fatigue crashes. A truck accident lawyer will review their log to determine if the driver broke HOS rules.
- Vehicle problems: Trucking carriers must maintain and remove their vehicles from service if they have maintenance issues. The trucker must also inspect the vehicle regularly to ensure no safety problems.
Some truck crashes happen not just because of carrier maintenance. For example, some accidents occur because of problems with cargo load weight or balancing. A different company may have loaded the trailer. If so, the cargo loading company can be partially responsible for the accident.
Truck Manufacturers
Truck or truck parts manufacturing issues cause some truck accidents. For example, faulty brake parts or tires may contribute to a severe accident. A truck accident attorney and vehicle professionals will comb through the accident wreckage and reports to pinpoint if a vehicle or part defect caused the crash.
Your truck accident attorney can file a product liability claim if the crash is related to a vehicle or part defect.
Determining truck accident liability is often exceedingly complex. Many factors may be involved, and proving liability may take an extensive investigation with many moving parts.
The best person to determine truck accident liability is an experienced personal injury attorney who has successfully handled many truck crash claims.
How A Truck Accident Lawyer Helps
You might wonder if you should hire a tractor-trailer accident attorney. Usually, yes. Severe injuries are common after truck crashes, and your health and finances are on the line.
Most truck accident attorneys are more than worth the expense. Besides, truck crash victims don’t pay out-of-pocket for legal services. The attorney gets paid through a contingency agreement, so they receive payment from your settlement or case award.
Several critical tasks your truck accident attorney will handle are:
Handle Insurance Negotiations
Your truck accident attorney will deal with all insurance company negotiations. There may be several parties and insurance adjusters to deal with, and your attorney will negotiate with all of them effectively. Insurance companies want to exploit truck crash victims, but your attorney won’t allow it.
Prove Fault
Many parties can be liable for a truck crash, and it’s difficult for a non-attorney to prove fault. Your attorney will extensively investigate the crash and pinpoint if the trucker, employer, maintenance company, manufacturer, or another driver was responsible for the accident.
Hire Expert Witnesses
The burden of proof is on you to prove that someone’s negligence caused the truck crash. A truck accident might involve the truck, your vehicle, and many others, which makes proving how it happened in court complicated. Your attorney will probably retain accident reconstructionists and others to prove how the crash occurred.
Another expert an attorney may hire is a medical professional who will discuss your injuries, prognosis, and how they happened. Medical professional testimony is important to show the degree of injury and future medical expenses.
Finding Trucking Law Violations
Trucking companies and drivers must follow state and federal law. Your attorney will find out if someone broke the law because it makes it easier to prove negligence.
A common situation is where fatigued driving is a suspected cause of the accident. Your attorney will learn if the driver exceeded federal HOS rules for driving in a day or week. They may examine the trucker’s log or cell phone records to prove the driver violated the law.
Obtain Crash Evidence
Evidence is necessary to prove crash liability, so your attorney will need plenty. Some crash evidence, such as data from the truck’s black box or the driver’s employment history, may be hard to obtain.
Additionally, the trucking company will respond immediately when someone reports a crash. It’s not unheard of for the carrier to take possession of the damaged rig, and sometimes vital evidence disappears. Your attorney will preserve all crash evidence.
Go To Court
Most truck accident claims resolve with an insurance settlement. The carrier and its insurance company know that going to court in many cases is risky. Juries are often sympathetic to serious injury victims and may award more compensation than in a settlement. Crash victims also usually want a settlement to get the money they need faster.
However, some crash cases go to court, and your truck accident attorney will prepare the case effectively to present at trial.
Truck Accident Myths
Many truck accident victims look online for the next steps and advice. However, relying on online information for truck crash tips is risky.
You may read incorrect information, so the best course is to call a truck accident attorney for a free consultation:
- The insurance company will handle it: Insurance companies make money by collecting more money than they pay in claims. Dealing with the trucking insurance company on your means you will pad their bottom line. The insurance company will work to pay less than you deserve. Adjusters know almost no truck crash victim understands the case's full value. You shouldn’t settle for the least amount. Have a skilled truck crash attorney negotiate for you.
- Truck crashes are similar to car accidents but are usually much worse. Injuries are often devastating, medical bills are higher, and the vehicle usually suffers extensive damage. After a truck accident, more money is on the line, and the insurance company will fight the claim hard.
- No one is liable for the truck crash: Someone or something is always to blame for a truck accident. Usually, the trucker is at least partially responsible, but sometimes liability lies with the employer, road designer, or vehicle manufacturer. Always contact a truck accident attorney to determine how the crash happened.
- Truck crash claims are too costly to pursue: Truck crashes caused by another party are the most important. Large truck crashes cause massive damages and injuries that few people have the financial resources to handle. Any truck accident attorney you hire will work under a contingency agreement, so you don’t have to pay them out of pocket.
- All truckers receive thorough training. Their employers are supposed to train them well, but this isn’t always true. Many new truckers may work with a seasoned driver for weeks or months before they can drive solo. However, there are many cases where a poorly trained trucker causes a severe accident.
You also may wonder what your truck crash claim is worth. That will require a detailed analysis by your truck accident attorney.
Generally, truck crash values depend on:
- Severity of injuries
- Who was at fault
- Amount of insurance coverage
- Amount of medical bills and lost income
- Degree of pain, suffering, and emotional anguish
- Severity of vehicle damage
- Whether extenuating circumstances were involved, such as the trucker being intoxicated or high
- Amount of lost earnings
- Whether you have lost future earning capacity because of a disabling injury
Contact a Truck Accident Attorney Today
A truck crash can render you severely injured and unemployed in an instant. How will you pay for your medical bills and other losses?
A truck accident attorney is a must if another party causes your injuries.
Speak to a Spring Hill personal injury lawyer today in a free legal consultation.