Commercial trucks are in the business of transporting products and merchandise. The trucking industry provides a vital service, but being involved in an accident with a large truck can be devastating.
No amount of compensation can bring back lost loved ones, or negate the pain and loss of a serious injury. Personal injury truck accident claims and lawsuits aim to provide injured victims and their loved ones with financial resources. Injured victims may be entitled to seek compensation for any accident-related damages with the help of a truck accident lawyer.
5 Common Causes of Truck Accidents
In one recent year, there were 4,951 large truck fatalities across the United States, and 187 of those fatalities occurred in Georgia. Of those who died; 16 percent were truck occupants, 67 percent were in passenger vehicles, the remaining victims included pedestrians, bicyclists or motorcyclists. In 2009, the number of fatalities from large truck crashes was the lowest it had been since 1975. However, the number of fatalities was 31 percent higher in 2018 than in 2009.
While an accident may be caused by one primary factor, oftentimes, multiple factors contribute to causing an accident. The vast majority of motor vehicle accidents are caused by human error. Common human errors that may lead to an accident include:
1. Fatigue
Truck drivers frequently drive for many hours with minimal rest. Working conditions often result in irregular sleeping patterns, short periods of sleep, or disrupted sleeping patterns. As a result, truck driver fatigue is fairly common. Drivers are under pressure to deliver their load within the deadlines set by their employers. However, if the amount and quality of their sleep suffer, a driver’s ability to drive safely may be affected. According to the Large Truck Crash Causation Study,13 percent of commercial motor vehicle drivers suffered from fatigue at the time of the crash.
2. Alcohol and Drug Use
The Federal Motor Carrier Safety Administration (FMCSA) has made many efforts to reduce incidents of impaired driving. However, driving under the influence remains one of the major causes of truck accidents. Truck drivers may use alcohol and non-medicinal drugs during stops or while driving. Even a small amount of alcohol can affect brain functioning related to driving ability, including vision, judgment, and reaction time. Some prescription drugs may also impair a driver’s judgment and coordination.
3. Inadequate Driver Training and Truck Maintenance
Employers have a duty to ensure all the drivers they hire are properly trained before they operate a commercial truck. Drivers and companies also must ensure that trucks are regularly inspected and properly maintained.
4. Speeding
In one recent year, 18 people in Gwinnett County died in accidents involving speeding. Nationwide, speeding killed 9,378 people. Pressure from employers to meet strict deadlines may encourage truckers to drive at excessive speeds. Speeding significantly increases the distance required for a large truck to safely come to a stop. In addition, speeding hinders truck drivers’ ability to react to obstacles or roadway hazards. When a speeding truck driver causes a crash, the increased impact can cause devastating damage.
5. Distracted Drivers
Driver distractions involve any action that takes the driver’s hands off the wheel, eyes off the road or mind off driving. During their long, lonely hours on the road, a truck driver may frequently change radio stations or turn to a device while driving. In those brief seconds, the driver’s attention is not on the road, and the tragic result is often an accident.
Georgia Trucking Laws
The Federal government and state governments have enacted strict laws regulating the commercial trucking industry. Laws cover all aspects of trucking, including hours of service regulations and how to properly load cargo. Truckers are also subject to traffic laws and the rules of civil liability.
Commercial truck accidents may implicate a variety of legal issues. A single case may involve workers’ compensation law, employment law, criminal law, or personal injury law. An injured victim may file a personal injury claim if the accident was caused by the other driver’s negligence.
What is negligence? Negligence is legally defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” To prove negligence, the injured party must show that “the defendant owed a legal duty to the plaintiff; the defendant breached that duty; the plaintiff was injured, and the defendant’s breach caused the injury.”
In addition, more than one party may be legally liable for damages resulting from the accident. Potentially liable parties may include:
- The truck driver. The truck driver who caused the accident is the obvious responsible party. However, in some cases, the trucking company may also be liable. For example, the company may have failed to properly train and supervise its employees or failed to inspect and maintain the trucks.
- The truck company’s insurance company. Under Georgia law, the injured party can file personal injury claims directly against trucking insurance companies. The insurance claim may be filed alone or in conjunction with claims against the driver and/or trucking company.
- The manufacturer. A company that manufactured a defective truck or truck parts, the distributor, and/or retailer may be liable if the defect caused the accident. Other parties, such as mechanics or warehouse operators, may be liable if inadequate maintenance contributed to the crash.
Injuries
Due to the massive size and weight of large trucks, accident injuries may be severe or even fatal. Some of the most common injuries resulting from truck accidents include:
- Back and neck injuries, including whiplash or disc injuries.
- Head injuries, including concussions or traumatic brain injuries.
- Spinal cord injuries, which may result in paralysis.
- Broken bones.
- Lacerations and bruises.
- Internal injuries.
- Seat belt injuries.
- Death.
Seeking a Semi Truck Accident Settlement
If someone else was at fault for the truck accident that caused your injuries, you might be entitled to compensation. However, in the shock, pain, and trauma following an accident, it may be difficult to know what to do. In some cases, insurance companies will settle out of court.
At first, the idea of avoiding a lawsuit may have some appeal. Unfortunately, insurance companies often offer a low settlement that will not fully cover an injured victim’s expenses. Upon accepting a settlement offer, injured victims lose their right to seek additional recovery in court. To ensure that injured victims receive adequate compensation, an experienced attorney may negotiate on their behalf and, if necessary, represent them in court.
To ensure a full recovery and support any future legal claims, injured victims must get medical attention immediately after an accident. Someone with severe, long-term injuries will have more significant medical costs than victims with minor injuries. As a general rule, the more extensive injuries and medical costs are, the greater the amount of compensation victims may be entitled to.
How to Determine Compensation for an Injury?
- To establish how the injury has harmed you financially and altered your life, you should carefully document all of the consequences of your injury.
Damages fall into two general categories: special and general damages. Special damages refer to the financial losses directly attributable to the accident. Losses may include:
- Medical expenses. Keep records of every medical treatment you receive, your total costs, and your medications.
- Costs of home care, or domestic services in the event of serious injury.
- Lost wages and diminished earning capacity.
- Costs associated with repairing or replacing damaged property.
General damages refer to non-economic losses directly attributable to the accident. When calculating general damages, victims attempt to quantify intangible losses, such as reduced quality of life. General damages may include:
- Pain and suffering;
- Loss of companionship or consortium; and
- Psychological and emotional distress.
Punitive Damages
In some cases, courts will award punitive damages to penalize, “willful misconduct, malice, fraud, wantonness, oppression” or extreme lack of care. Punitive damages are intended as extra punishment to deter similarly reckless behavior in the future.
Get the Settlement You Deserve
There are strict time limits for filing personal injury lawsuits. If you or someone you love has been harmed in a truck accident, consult an experienced, compassionate attorney as soon as possible.
