Truck accidents are some of the most devastating events on the road, often resulting in severe injuries and fatalities. The size and weight of commercial trucks can turn a simple collision into a catastrophic event.
While external factors like poor road conditions and weather can contribute to accidents, truck drivers themselves frequently cause many trucking collisions. You need a lawyer to analyze the cause of a truck accident and driver behavior to hold them accountable for their actions.
After an accident with a commercial vehicle, seek legal guidance immediately. A skilled truck accident attorney can evaluate your collision to determine whether the truck driver caused the crash and work to pursue justice and compensation on your behalf.
Common Ways Truck Drivers Cause Collisions
Many things are bound to go wrong when driving a large semi-truck, especially when a driver is acting negligently.
Truck drivers can contribute to collisions in many ways, including:
Driver Fatigue
Driver fatigue causes many truck accidents. Trucking companies often pressure drivers to meet tight delivery deadlines, leading to long hours on the road. Fatigue can impair a driver’s ability to make sound judgments, react to traffic situations, and maintain focus, all of which are critical for safe driving.
The Federal Motor Carrier Safety Administration (FMCSA) regulates truckers’ driving time through Hours of Service (HOS) rules. However, some truck drivers bypass these limits to pursue higher earnings or meet demanding deadlines. This leads to dangerous situations where fatigue-induced errors occur.
Fatigue-related accidents can happen in many ways, including falling asleep at the wheel, inability to maintain proper lane control, and slower reaction times to sudden changes in traffic conditions.
Distracted Driving
Distracted driving causes many truck accidents. Texting, using a GPS, eating, or talking on the phone can distract truck drivers. However, the size and complexity of operating a commercial truck make distractions more dangerous. A momentary lapse in attention can have catastrophic consequences for truck drivers and others on the road.
Many trucking companies have policies against cellphone use while driving, but some drivers may ignore these guidelines, increasing the likelihood of an accident.
Speeding and Aggressive Driving
Commercial truck drivers often must meet deadlines or exceed productivity goals. This pressure can lead to speeding and aggressive driving behaviors, such as tailgating, unsafe lane changes, or sudden braking.
Driving at excessive speeds reduces a truck driver’s ability to react to sudden traffic changes, increases the severity of collisions, and can lead to rollovers, particularly in adverse weather conditions.
Driving Under the Influence of Drugs or Alcohol
Driving under the influence of drugs or alcohol is a serious cause of truck accidents.
Due to the significant risks associated with operating a commercial vehicle while intoxicated, truck drivers face strict testing regulations. However, trucking companies must follow through with regular testing and take swift action when drivers operate trucks while under the influence.
Alcohol and drugs can impair coordination, reaction times, and judgment. If a driver is found to be under the influence, they can face criminal charges in addition to liability for any accidents caused.
Inexperience or Poor Training
Another common cause of truck accidents is inadequate training. Truck driving requires specialized skills, including knowledge of vehicle dynamics, traffic laws, and defective driving techniques.
Inexperienced or poorly trained truck drivers may lack the judgment and skills to handle complex driving situations, such as navigating tight turns, adjusting to changing road conditions, or managing emergency scenarios.
Inadequate training and inexperience are not entirely the fault of truck drivers. Trucking companies must ensure that their drivers receive proper training. Accidents may result when they cut corners or don’t make these details a priority.
Failure to Follow Traffic Laws and Signals
Truck drivers must obey all traffic laws, including stop signs and speed limits. Unfortunately, some drivers fail to follow these basic rules out of impatience or recklessness.
Ignoring traffic signals or signs can lead to collisions with other vehicles or pedestrians. For instance, running a red light or failing to yield to other vehicles can result in high-speed crashes with devastating consequences.
Injuries Often Resulting from Truck Accidents
Commercial truck accidents frequently result in serious, life-altering injuries. The injuries a victim sustains and the severity of these injuries depends on the type of accident and the point of impact.
Some of the injuries that often result from trucking collisions include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Whiplash
- Burns
- Lacerations
- Crush injuries
While you can recover from these injuries, victims often face long-term consequences. Depending on the type and severity of the injury, victims may require amputations, suffer paralysis, or experience permanent nerve damage, among many other repercussions.
When a truck driver causes your accident, you deserve to seek justice and hold them accountable for their wrongdoing. Securing compensation following a truck accident can alleviate financial burdens and ensure you have the means to get the medical treatment you need in both the short and long term.
Legal Recourse for Truck Accident Victims
When a truck accident occurs, the consequences can be life-changing for the victims. Not only do victims face long roads to recovery and emotional challenges, but also the monetary impacts of such an event.
As a result, pursuing legal action is often the only way to obtain compensation for related tangible and intangible losses.
Who Can Be Held Liable in a Trucking Collision?
You must determine who you can hold responsible for the accident for any legal claim. Multiple parties, including the truck driver, may cause truck accidents.
Truck drivers often cause collisions, especially fatigued, distracted, speeding, or negligent drivers. However, truck drivers are not the only party that can be at fault in a collision.
Other liable parties can include:
- The trucking company: If the company fails to properly maintain the vehicle, does not adequately train the driver, or violates safety regulations, you can hold it liable for an accident.
- The vehicle manufacturer: If a defect in the truck, such as faulty brakes or tires, causes a mechanical failure, you can hold the manufacturer responsible.
- Cargo loaders: Crews must properly load and secure cargo on the truck to ensure safety during transit. When cargo loaders fail to load and secure cargo adequately, it can cause an imbalance in the truck and lead the driver to lose control of the vehicle.
- Governmental entities: The government can also play a part in trucking accidents, particularly when hazardous road conditions are involved. Suing the government is often more complicated than other types of parties, making it essential to have legal representation.
Your truck accident attorney may need to investigate the crash to determine the exact cause of the collision, which can yield answers concerning liability. However, challenging at times, definitively proving fault is one key to a successful claim.
Initial Steps to Pursue Compensation
After a truck accident, what you do can affect your rights and ability to seek financial recovery.
You can begin the process of pursuing justice and compensation, including:
- Seeking medical attention: Make your health your priority. Get a complete medical evaluation regardless of how you feel after the accident. Medical records play a substantial role in these cases, and the sooner you begin treatment, the quicker you can get on the road to recovery.
- Documenting your accident: Gather as much evidence as possible. Photos and videos, witness contact information, and related bills and invoices can all play a part in your case. You can provide evidence to your truck accident lawyer, who can utilize it for your claim.
- Contacting an attorney: An experienced personal injury attorney with experience handling truck accidents can help you navigate the complex legal landscape and negotiate with insurance companies.
Once you have legal representation, your lawyer can begin working on your case. They can investigate, gather evidence, calculate your damages, and file a claim on your behalf. Truck accident claims can take time, but when you have the right legal support, you can feel confident throughout the process.
Compensation Available Following a Truck Accident
Damages help compensate victims for the injuries, losses, and expenses incurred due to a truck accident.
Victims of trucking collisions can seek compensation for:
- Medical costs: Coverage for hospital bills, doctor’s visits, surgery, rehabilitation, and future medical needs related to the injury.
- Lost earnings: Compensation for time missed from work due to the accident and any future loss of earning capacity.
- Pain and suffering: Non-economic damages for the physical and emotional distress caused by the accident.
- Property damage: Reimbursement for the cost of repairing or replacing your vehicle and other personal property damaged in the collision.
Additionally, some cases qualify for punitive damages. In cases of egregious behavior, such as driving under the influence, punitive damages may punish the wrongdoer and deter future misconduct.
The value of a truck accident case varies based on:
- The severity of injuries
- Whether you’ve missed time at work as a result of your injuries
- The total cost of your medical treatment
- Whether you’ll require medical care in the future
- Whether your injuries will impact your ability to work
- How your accident and injuries have affected you mentally and emotionally
A skilled truck accident attorney can thoroughly evaluate your case to determine the extent of your losses and properly calculate your damages. Your lawyer can get adequate compensation to cover your needs for the present and future.
When to Contact an Attorney After a Trucking Collision
After a truck accident, consult an attorney as quickly as possible. Time is limited to take action, and waiting too long can have negative consequences.
You may need to file a personal injury lawsuit to pursue compensation, depending on the situation. Every state has a statute of limitations that limits the time plaintiffs have to file legal claims in court. The statute of limitations for truck accident cases varies, but the law may only give you two to four years after the date of your collision.
When you consult a truck accident lawyer, they can assess your case to determine how best to proceed.
Your attorney can begin working on your case as soon as you hire legal representation. Several steps come before filing a lawsuit, so working quickly can give you and your lawyer more than enough time and avoid missing any critical deadlines.
An Experienced Lawyer Can Help You Hold a Truck Driver Accountable Following an Accident
If a trucking collision hurts you because of the truck driver’s negligence, you may take action against them. Truck accident cases are challenging to handle, but a knowledgeable truck accident lawyer can aid in the process and provide top-quality representation.
Truck accidents can result in serious injuries and property damage. Truck drivers can cause accidents through distracted driving, fatigue, and negligence.
A truck accident attorney can help you understand your rights, protect your best interests, prove liability, and get you on the right track to get the financial recovery you need and deserve. After a truck accident, do not hesitate to seek a skilled attorney. Call today for best results.