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Who’s At Fault for My Truck Accident?

From the driver to the trucking company to the insurance carrier, liability in truck accidents can get complicated.

Summary:

  • Truck accidents are particularly dangerous due to the size and weight difference between trucks and cars, leading to severe injuries like TBIs, spinal cord injuries, and amputations.
  • Multiple parties can be liable in a truck accident, including the driver, trucking company, manufacturer, or even loaders/maintenance providers.
  • Victims can seek compensation for medical bills, lost wages, pain and suffering, and emotional distress.
  • An experienced truck accident lawyer can help investigate the accident, build a strong case, negotiate with insurance companies, and fight for fair compensation.

On our nation’s bustling roads and highways, ordinary passenger cars share space with the massive semi-trucks that deliver goods across the state. While these trucks are essential for our economy, their sheer size and weight make them inherently dangerous in an accident.

The aftermath of a truck accident can be devastating, leaving victims with life-altering injuries and facing an uphill battle for financial recovery. The physical force involved in a truck accident can cause a unique level of damage, and trucking companies and other parties share responsibility.

Victims of truck accidents deserve compensation for the damages they suffer, but pursuing a case can be frustrating and difficult. The personal injury lawyers at Werner, Hoffman, Garcia & Greig are here to help.

Reach out to us to schedule a free consultation at (800) 320-HELP or contact us online.

The Impact of Truck Accidents

Truck accidents are particularly dangerous because of the immense size and weight disparity between them and passenger vehicles. This means even a seemingly minor collision can cause catastrophic damage.

Common Injuries from Truck Accidents

Truck accidents often result in far more severe injuries than typical car crashes due to the significant difference in mass. The impact can cause:

  • Traumatic brain injuries (TBI): Even seemingly minor bumps can lead to TBIs, causing cognitive impairment, memory loss, and personality changes.
  • Spinal cord injuries: These catastrophic injuries can result in partial or complete paralysis, altering mobility and bodily functions permanently.
  • Broken bones: The immense impact of a truck accident can cause fractures and broken bones, including severe breaks like compound fractures or broken limbs.
  • Amputations: In severe cases, the force of the impact can necessitate amputation of limbs, leading to lifelong physical and emotional challenges.
  • Internal bleeding: Hidden internal injuries can cause severe complications and even death if not diagnosed promptly.
  • Death: Tragically, truck accidents often result in fatalities, leaving victims’ loved ones grieving.

These injuries come with a heavy price tag–not only immediate medical bills but also the long-term costs of rehabilitation, assistive devices, and potential lost wages due to disability. The emotional and psychological trauma can be equally devastating, impacting the victim’s quality of life for years to come.

Determining Liability in Truck Accidents

Unlike car accidents, where fault often lies solely with one driver, truck accidents can involve multiple parties:

  • The truck driver: Driver negligence is a common cause, including speeding, distracted driving, driving under the influence, or violating traffic regulations.
  • The trucking company: Companies can be held liable for negligent hiring practices, inadequate driver training, pressuring drivers to violate safety regulations, or failing to maintain the truck properly.
  • The manufacturer of the truck or its parts: If a defect in the truck’s design or manufacturing contributed to the accident, the manufacturer could be liable.
  • Third-party loaders or maintenance providers: If a third party improperly loaded the cargo or failed to perform necessary maintenance, they may share responsibility for the accident.

Establishing negligence is crucial in a truck accident case. This means proving that one or more parties breached their duty of care, leading directly to the accident and the resulting injuries.

Compensation Available in Truck Accident

The enormous damage caused during a truck accident leaves victims with significant physical, emotional, and financial burdens. If you or a loved one is affected by a truck accident, you deserve the compensation you need to start rebuilding your life.

Victims of truck accidents may seek compensation, including:

  • Medical expenses: This includes all current and future medical bills associated with treating your injuries, including hospital stays, surgeries, rehabilitation, medications, and assistive devices.
  • Lost wages: If your injuries prevent you from working, you may be compensated for lost income and future earning potential.
  • Pain and suffering: This covers the physical and emotional pain you endure due to the accident and its lasting effects.
  • Emotional distress: Compensation for mental anguish, anxiety, and depression caused by the trauma of the accident.
  • Loss of enjoyment of life: This acknowledges the diminished quality of life resulting from your injuries.
  • Punitive damages: In rare cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party.
  • Wrongful death benefits: If you lose a loved one in a truck accident, their surviving family members may be entitled to compensation for funeral expenses, lost financial support, and emotional distress.

The severity of your injuries and the long-term impact on your life will significantly impact the amount of compensation you may receive. Seek medical attention soon after the incident to treat your injuries, and get in touch with an experienced truck accident lawyer.

How Can a Truck Accident Lawyer Help?

Navigating the legal complexities of a truck accident case can be overwhelming, and it’s the last thing you want to think about while you are recovering from your injuries. An experienced personal injury attorney can provide invaluable assistance with:

  • Investigating the accident: A thorough investigation is crucial to identify all potentially liable parties and gather evidence to support your claim. This evidence can include police reports, witness statements, truck maintenance records, driver logs, and other relevant data.
  • Building a strong case: Your attorney will meticulously compile the gathered evidence into a strong case that demonstrates the extent of your damages and the negligence of the responsible party.
  • Negotiating with insurance companies: Insurance companies often prioritize minimizing payouts. Your lawyer will negotiate aggressively on your behalf to secure a fair settlement that reflects the full value of your claim.
  • Taking your case to court: If a settlement cannot be reached, your attorney will represent you in court, presenting your case and fighting for the compensation you deserve.

After an accident, the best thing you can do is focus on your recovery. Working with a truck accident lawyer can help you recover the most compensation with the least stress.

WHG Can Help You Recover Fair Compensation

The team at Werner, Hoffman, Greig & Garcia understand what victims of truck accidents are going through, and we’re here to help. We have the skills and experience to ensure your voice is heard and your rights are protected.

Schedule a free consultation by calling (800) 320-HELP or by contacting us online.

Frequently Asked Questions

Who is liable for a truck accident?

Multiple parties can be held liable, including the truck driver, the trucking company, the manufacturer of the truck or its parts, or even third-party loaders or maintenance providers, if their negligence contributed to the accident. Consult with an experienced truck accident attorney to pursue a claim against all liable parties.

What type of compensation can I receive after a truck accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and potentially punitive damages in cases of gross negligence. In the tragic event of wrongful death, surviving family members may receive compensation for funeral expenses, lost financial support, and emotional distress.

How long do I have to file a lawsuit after a truck accident?

Florida’s statute of limitations for personal injury cases is generally two years from the date of the accident. However, it’s crucial to consult with an attorney as soon as possible to ensure you meet all deadlines and maximize your chances of a successful claim.

No Win, No Fee Commitment

Werner, Hoffman, Greig & Garcia is committed to helping you rebuild your life after a hardship. We are not just your legal team—we are your allies, your partners, and your advocates. We will do everything we can to handle your case with compassion and care, and to get you the results you need!

“And for every fight we take on, know this…we are doing everything we can to make sure we win!”

— Werner, Hoffman, Greig & Garcia

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About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog

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