Summary
- People injured by truck accidents should speak to a truck accident lawyer
- Large truck shipping is a key building block of the American economy, and all of those large trucks on the highways can lead to serious truck accidents.
- The sheer size and weight of trucks make truck accidents particularly dangerous.
- Many parties, like the trucking company or the truck manufacturer, can contribute to an accident.
- Medical expenses, lost wages, pain and suffering, and property damage are all grounds for compensation.
United States Truck Accident Statistics
The risk of large truck accidents is on the rise, with the number of fatal accidents involving large trucks increasing by nearly 50% over the last ten years. Tragically, most of the victims of these fatalities are the occupants of smaller vehicles.
Even non-fatal accidents can result in life-changing injuries, and over 100,000 large trucks per year are involved in accidents that cause injuries.
Federal Trucking Regulations that Help Prevent Accidents
To mitigate the risks associated with hauling freight by large truck, the Federal Motor Carrier Safety Administration or FMCSA has established a number of regulations that help keep all motorists safer.
Trucking Regulations – Hours of service
One of the biggest safety hazards in trucking is driver fatigue, especially prevalent when trucking companies push drivers to make better and better time. To combat this, the FMCSA has established limits to how many consecutive hours a driver can spend on the road, along with a weekly limit.
This limit to the hours of service is one of the most direct ways to reduce large truck accidents, improving driver alertness and awareness.
Trucking Regulations – Weight limits
There is an economic incentive for trucks to haul as much cargo as they possibly can, and this much weight can overwhelm a truck’s brakes and make it dangerously hard to control. Heavier trucks tend to be involved in more and deadlier accidents and cause a disproportionate amount of wear and tear on the nation’s public highways.
Weigh stations on the highways are an example of these regulations at work, requiring trucks to pass inspections and confirm they’re operating within safe weight limits.
Trucking Regulations – Drug testing and other pre-employment screening
FMCSA regulations also require truck drivers to pass pre-employment screenings. Some truck drivers use drugs to stay awake on long hauls, and some studies have shown that nearly a fifth of truck accidents involve drug use. For that reason, regulations require professional truck drivers to pass drug screens before employment.
Other pre-employment screening, such as examining truckers’ safety records and criminal history–sometimes involving an official FMCSA metric called a Compliance, Safety, and Accountability or CSA score–also serves to keep truck drivers accountable for the large and dangerous vehicles they’re entrusted with.
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Causes of Truck Accidents
Understanding liability is key to a successful truck accident claim, and it’s not always the driver at fault. Even if a truck driver is held at fault for an accident, other parties may be liable for damages as well.
- The truck driver may be fatigued, distracted, under the influence, or otherwise exercising unsafe driving behavior and failing to follow safety regulations.
- Trucking companies sometimes fail to follow through on their safety responsibilities, such as proper pre-employment screening practices and vehicle maintenance, which can increase the risk of accidents. They also sometimes urge truckers to work dangerously long hours or drive overweight vehicles.
- In the case of a parts failure or other defect, the manufacturer of the truck or other equipment may be at fault for an accident.
- If the vehicle involved in the accident is a rental, the rental company may have contributed by failing to maintain their vehicles adequately.
- Improper loading or securing of cargo can lead to accidents. The loading company may be held responsible in such cases.
Truck Accidents Can Result in Severe Injuries
Truck accidents often result in similar types of injuries to other motor vehicle accidents, but the sheer size and weight of large trucks make truck accidents particularly dangerous.
Common injuries in truck accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Bone fractures
- Abrasions
- Soft tissue damage
- Whiplash
- Burns
- Crush injuries
Understanding Truck Accident Liability
As mentioned above, there are many potential causes of a truck accident. In a truck accident lawsuit, the driver may not be the only liable party. Two core concepts to keep in mind:
- Multi-party liability: More than one party can be liable for a truck accident claim. If the driver works for a trucking company, for example, both the driver and the trucking company may be held liable.
- Third-party liability: A party that isn’t present for the accident itself may be held liable if they contributed to the accident. For example, the loading team or trucking company may be held liable if they misloaded the truck or encouraged other unsafe trucking practices.
At Werner, Hoffman, Greig & Garcia, we understand that these truck accident cases can be complex, with many parties potentially contributing to the damage. We are up to the task of navigating these unique situations and collecting damages from everyone responsible.
Types of Evidence Used to Build a Strong Truck Accident Case
Building a solid foundation of evidence is vital in a truck accident case. The more evidence gathered, the faster and smoother the process will be, with the greatest chance of receiving fair compensation.
The team at WHG will make full use of all available evidence in your truck accident lawsuit, such as:
- Police reports
- Medical records
- Eyewitness testimony
- Surveillance footage
- Dashcam footage
- Truck maintenance records
- Driver logbooks
The Role of Expert Witnesses in Truck Accident Lawsuits
Truck accidents are a heavily studied phenomenon in the United States, and there are many experienced professionals available to play the role of an expert witness in your case. This can be especially valuable if your case makes it to court.
These expert witnesses can provide testimony about accident reconstruction, trucking industry practices, medical expertise, and more. Their testimony can be crucial for establishing liability and explaining the extent of the damages suffered by the victim.
Recovering Your Damages After an Accident
Victims of truck accidents are entitled to seek compensation for their damages. These accidents can result in some expensive consequences, and compensation can be a crucial way to rebuild your life in the aftermath. The damages awarded can also serve as an acknowledgment of the victims and their suffering.
At WHG, we are prepared to seek compensation for damages including:
- Medical expenses
- Lost wages
- Damaged property
- Pain and suffering
- Punitive damages
- And more
Contact an Experienced Truck Accident Lawyer.
Contact Werner, Hoffman, Greig & Garcia.
FAQs
What steps should I take after a truck accident?
After a truck accident, you want to take whatever steps you can to stay safe and legally protected. Seek medical attention right away, contact the police, collect contact information from any witnesses, and document the scene if possible. You also want to contact a truck accident attorney right away to discuss your legal rights.
How much is the average truck accident settlement?
Depending on the specific circumstances of each case, the amount of a truck accident settlement can vary. The severity of injuries, property damage, and liability all play a role in determining compensation. Consult with a truck accident lawyer to learn more about your unique case.
Do I need to hire a truck accident lawyer?
While it’s technically possible to handle a truck accident claim yourself, the complexities of these cases make hiring a lawyer a very good idea. A good truck accident attorney or law firm, like Werner, Hoffman & Grieg, can assess the details, gather and present evidence, and negotiate with insurance companies on your behalf.
In a difficult time like the aftermath of a truck accident, a skilled lawyer can make a big difference in your stress levels and in the success of your case.
Remember, the responses above are general, and the details of your situation may differ. Always consult with a lawyer to get advice tailored to your specific circumstances.
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And for every fight we’re willing to take on, know this — We’re right there in the trenches with you.”
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