Accidents with large commercial trucks can be devastating, a fact that isn’t surprising considering trucks like 18-wheelers can legally weigh up to 80,000 pounds. Commercial trucks also include delivery trucks, semi-trucks, tractor-trailers, tow trucks, and dump trucks.
The large size of these vehicles means that even commercial trucks traveling at relatively slow speeds can cause substantial damage to vehicles and extensive injuries to other drivers and passengers. Not only can that cause severe injuries and fatalities, but they also contribute to significant financial and mental distress resulting from medical bills and dealing with profit-motivated insurance companies.
The Federal Motor Carrier Safety Administration (FMCSA) provides regulations to which truck drivers and trucking companies must adhere to minimize the risk of severe and fatal accidents. Failure to act according to FMCSA regulations can result in significant loss to others and liability for that loss to the truck driver, the trucking company, and third parties such as companies who load goods onto the commercial trucks.
After a truck accident, you could have important legal rights to compensation for your injuries. It can be difficult to know what to do in this situation, though there are certain steps you can take to protect your health and your rights. Always consult with an experienced truck accident lawyer near you about what to do next.
Steps to Take After a Truck Accident
When you are involved in an accident with a truck, contact an attorney with experience in truck accident laws and motor vehicle accident lawsuits. An attorney understands your rights and will help protect them while working to obtain the compensation you deserve for your injuries.
An attorney will work to obtain police and accident reports, identify and explain any insurance policies and regulations that apply to your case, identify and consult with any expert witnesses and accident reconstruction experts, obtain and inspect the required driving and maintenance logs, and sue any third parties who may also be liable for your injuries. The attorney will preserve for future use all potential evidence to prove the fault of the other party and your resulting injuries.
In addition to consulting with an attorney, you should take the following steps after an accident with a commercial truck:
- Seek medical attention as soon as possible. – There are two main reasons why you should immediately seek medical attention following an accident. The first reason is that, because of the adrenaline rush you likely experienced because of an accident, you may not realize that you suffered injuries. Waiting to address an injury until physical symptoms manifest can result in more damage and longer recovery times. Secondly, a doctor can diagnose injuries the accident caused, strengthening the causal connection between the accident and your injury.
- Keep up with treatments and ongoing appointments. – Committing to treatments prescribed and ordered by your doctor will help you preserve your claim and assist your recovery. Failing to follow a doctor’s advice can limit your lawsuit and affect your damage award. Ensure you keep records of your treatments, diagnoses, and symptoms as they will be beneficial and even necessary to your claim.
- Report your accident to your insurance provider. – Automobile insurance policies require that a policyholder report any accident in which they are involved. While you are required to report accidents, give the company the simple facts even if they ask for more detailed information. Insurance companies are businesses, and as a business, they seek to make higher profits and limit the compensation paid to you when you are involved in an accident.
- Obtain photographic evidence of your physical injuries. – Documenting any physical injuries such as cuts and bruises further establish the connection between the accident and your injuries.
- Avoid speaking with the trucking company and the company’s insurance provider. – For the same reason you should avoid giving too much detail to your insurance company, avoid talking to the company’s insurance provider at all. The insurance company will seek to deny your claim and provide smaller compensation for your injuries. Additionally, insurance companies like to offer settlements for an amount way less than you could otherwise obtain. Accepting the immediate settlement offer may bar you from other options to sue, including when your doctor later finds an accident-related injury for which you could have received compensation. Remember that you are under no obligation to speak to the other party’s insurance provider. It is illegal for the insurance provider to contact you directly while knowing that you have legal representation.
Remember, if you or a loved one suffered injuries or died in a truck accident as a result of the negligence of the truck driver, the trucking company, or a third party dealing with commercial trucks, contact an experienced truck accident attorney immediately to understand the steps you should take to obtain the compensation you deserve.
Common Causes of Truck Accidents
Most times, an accident with a truck is due to the negligence of the truck driver or the trucking company. The trucking company can be held liable for the truck’s condition and the negligence of the employee truck drivers through vicarious liability. Vicarious liability holds employers responsible for the negligent actions of their employees.
Common causes of truck accidents on the part of negligent drivers, truck driving companies and employers, and other third parties include:
- Poor weather conditions – During heavy wind, rain, snow, and fog, truck drivers must operate at slower speeds and with extreme caution. Additionally, truck drivers should stop driving and get off the road once conditions create situations in which it is too dangerous to drive. Because drivers are responsible for safely operating their trucks at all times, failing to take the weather and resulting road conditions into consideration will result in driver liability should they cause an accident.
- Trucks operated in poor condition – As mentioned, the FMCSA requires regular and proper inspection and maintenance by a company of all trucks in its fleet. Each truck must receive an official inspection yearly, and drivers must inspect their trucks after driving each day. Because inspections and maintenance take trucks off the roads for certain amounts of time, some companies may seek to keep business going and reduce lost profits by keeping trucks on the road. When accidents are related to poor maintenance, the trucking company is typically liable for resulting damages. At a minimum, maintenance entails checking tire pressure and regularly rotating tires, and ensuring all taillights and headlights work.
- Trucks with cargo that is improperly loaded – Crews must load cargo on a truck in a manner that provides even weight distribution to prevent tipping and shifting of items and jack-knife incidents. Improperly loaded cargo can fall off and hit other vehicles or create a dangerous road condition for which another driver has no time to act.
- Driver fatigue – Because companies push drivers to continue long hauls to save money and deliver products on time, many drivers may become too tired to operate such a large vehicle safely. FMCSA requires drivers to keep driving logs that can be evidence of negligent practices by the driver or employer.
- Driver error – Even minor errors in a trucker’s driving can result in significant damages due to the inability to correct actions as quickly as drivers of other vehicles.
- Distracted driving – Truck routes can be extremely long and tend to become monotonous. To break up the monotony or provide entertainment, a truck driver may feel inclined to engage in distracting activities like playing or texting on their phone.
- Failure to adhere to traffic laws – The reckless driving of a truck driver is the cause of many accidents. In fact, speeding was the leading cause of truck-related accidents occurring due to traffic violations in 2018. The driver is liable if they are speeding, driving under the influence of drugs and alcohol, or making dangerous maneuvers.
- The employer’s negligent hiring, training, or supervision of the driver – The employer will be held vicariously liable for failing to conduct background and driving history checks before hiring a driver, failing to train drivers properly, and failing to supervise drivers and their operations properly.
FMCSA Regulations
The FMCSA binds truck drivers to different rules and regulations than other drivers, and violating these regulations can often cause a truck accident.
Federal regulations that apply to truck drivers and trucking companies include:
- Limits on the number of hours a driver can operate their truck – This regulation aims to reduce the number of fatigued drivers on the road who are often a primary cause of truck-related accidents. Currently, cargo-carrying truck drivers may only drive for 11 hours within a 14-hour window and must take a consistent 10-hour break in between driving.
- Required inspection and maintenance – Trucking companies bear the responsibility of making sure that trucks are safe to drive and do not pose a risk to other drivers on the road through regular inspection and maintenance. The companies are required to keep and maintain records of inspection and maintenance for each vehicle.
- Required drug and alcohol testing – Trucking companies are required to test drivers for obvious safety reasons. The FMCSA regulations require testing before making an employment offer to a driver, after accidents, before a driver’s return to duty after committing a violation, at random times, and when there is reasonable suspicion that the driver is working while impaired.
The application of federal regulations and violations can complicate your truck accident claim.
Common Injuries in Truck-Related Accidents
The sheer size of commercial trucks can result in fatalities and life-long injuries that require extensive medical care. The injuries and disabilities resulting from these accidents often lead to high, seemingly impossible to pay medical bills and the inability to earn an income in a job held before the accident.
Injuries commonly seen in accidents with commercial trucks include:
- Back and spinal cord injuries – These injuries can cause chronic pain and paralysis. Specific injuries can include fractures to the spine, including compression fractures and herniated or slipped discs.
- Broken bones and fractures – Truck accidents can break virtually any bone in the human body. The most commonly seen broken bones include the arms, legs, hips, fingers, and skull.
- Other external injuries – Other external injuries include cuts, scrapes, and bruising, as well as bruising and damage to internal organs.
- Brain injuries – These can result from severe shaking and collision of the head with windows, the dash, and the wheel. Symptoms of a brain injury, and a sign that you should seek immediate care, can include nausea and vomiting, disorientation, head, mood swings and personality changes, and problems with memory. Specific injuries to the brain frequently resulting from a truck accident include traumatic brain injuries from direct trauma and subdural hematoma in which blood fills the brain and causes pressure on the brain tissue.
- Whiplash – Whiplash results in damage to the tissues located in the neck. It occurs when the head and neck are sent forward and quickly snapped back, usually during a sudden stop or when hit from behind. Whiplash can cause pain and stiffness to the neck and back and a limited range of motion that requires ongoing treatment.
Damages Available in Truck Accident Cases
Because truck accidents can devastate the lives of the victim and the victim’s family members, a court will often award compensation for the economic and non-economic damages suffered by the victim.
- Economic damages are calculatable in dollar amounts. These damages include past and future loss of wages due to inability to work, past and future medical expenses, the cost of new transportation, and any other loss that can be calculated and is a foreseeable result of the truck accident.
- Non-economic damages are not readily calculable but compensate the victim for mental anguish. These damages include pain and suffering, loss of enjoyment of life, and loss of sexual function, as well as the loss of companionship for those family members who bring a wrongful death suit in the case of a fatal accident.
To ensure you receive full compensation for your damages, always take the proper steps following a truck accident, including contacting the best truck accident lawyer near you.
