Being involved in a truck accident can leave you seriously injured, grieving lost loved ones, or facing huge unexpected expenses. The unique complexities of commercial truck crashes also mean that seeking fair compensation is extremely challenging without legal guidance.
Understanding the Unique Nature of Truck Accidents
Truck crashes introduce many complex factors that set them apart from standard auto collisions. An awareness of these key differences is vital when dealing with the aftermath of an accident:
Severity of Injuries
The enormous size and weight of commercial trucks mean the forces involved in crashes are capable of producing catastrophic injuries. Broken bones, internal organ damage, spinal cord trauma, brain injury, amputation, and fatalities are common outcomes. Victims often face long hospitalizations, surgery, prosthetics, wheelchairs, and a lifetime of medical care or disability accommodations.
Complex Regulations
The trucking industry is subject to elaborate state and federal regulations that dictate licensing, inspections, maintenance, load limits, driving hours, and accident reporting. Determining if any rules were broken requires a detailed investigation. Knowledgeable lawyers are needed to request evidence like driver logs, inspection reports, cargo weight documentation, and black box data that may reveal violations.
Multiple Liable Parties
Unlike regular auto wrecks with two drivers, multiple parties could share liability in truck crashes – the driver, trucking company, parts manufacturers, loading company, shipper, maintenance provider, and more. Identifying all potentially negligent parties is key but requires expansive legal knowledge and resources.
Black Box Data
Most trucks are equipped with a black box recorder that captures data like speed, braking, and more before a crash. This objective data is invaluable for proving factors like speeding but must be preserved and accessed properly. Lawyers use court orders to obtain and interpret this pivotal information.
Common Causes of Truck Accidents
While each truck crash is unique, many share similar preventable causes often indicative of driver error or company negligence:
Driver Fatigue
Drowsy driving is a major problem as drivers face pressure to maximize hours on the road. Truck drivers with fatigue have dull reaction times and judgment, increasing crash risk. Violations of “hours of service” regulations intended to limit driving shifts may occur.
Distracted Driving
Other motorists texting or talking on phones are not the only distracted drivers. Truckers face distractions from cell phone use, paperwork, eating, adjusting vehicle controls, and talking to passengers or other truckers on CB radios. Even a few seconds of diverted attention at high speeds can have catastrophic consequences.
Impaired Driving
Drinking or drug use on the job endangers the lives of all nearby motorists. Trucking companies have a responsibility to ensure drivers remain unimpaired. Violations may indicate negligence in hiring or supervision practices.
Speeding
Adhering to speed limits is critical for these lumbering, multi-ton vehicles. However, drivers facing delivery pressures may exceed limits or drive too fast for conditions, unable to properly control their rig.
Improper Maintenance
Lack of maintenance checks on brakes, tires, and other critical components elevates crash risks due to equipment failure. Companies must document proper servicing and repairs.
Overloading
Exceeding legal load limits places strain on the truck and negatively impacts handling, visibility, and stopping distance. Shippers may overload to cut costs, showing negligent disregard for public safety.
How Truck Accident Lawyers Can Help
Pursuing fair compensation after a truck accident is extremely difficult without legal guidance. Truck wreck cases require highly specialized attorney knowledge and ample resources to tackle key tasks:
Investigation
Lawyers meticulously gather police reports, black box recordings, company records, radio logs, weather data, video footage, medical reports, and other documentation to build a complete picture of the accident and identify all liable parties. Reconstructing the scene and sequence of events requires extensive expert analysis.
Determining Liability
Lawyers must prove liability and negligence by determining if any federal and state statutes were violated, if the trucking company failed to properly train or supervise the driver, or if equipment malfunctioned. This requires a deep understanding of intricate commercial motor vehicle regulations.
Negotiation with Insurance Companies
Trucking companies usually work vigorously to deny or minimize claims. Experienced lawyers know how to negotiate firmly with their insurance providers to secure fair compensation. This requires skill in understanding legal entitlements, properly valuing damages, and standing firm in the face of pressure tactics.
Litigation
Most truck accident cases end up going to court. Well-versed litigators know how to file suits properly, compile convincing evidence, conduct savvy depositions, hire trustworthy expert witnesses, make compelling legal arguments before judges and juries, and aggressively advocate for their injured clients every step along the way. Their litigation capabilities are instrumental in winning cases.
Expert Witnesses
Lawyers rely on testimony from experts like crash reconstructionists, bio-mechanical engineers, automotive engineers, vocational experts, financial analysts, and doctors to strengthen claims of liability, disprove defense arguments, and validate damages owed. Top lawyers have established relationships with reputable experts.
Finding the Right Truck Accident Lawyer
Choosing the right legal representation is crucial after a truck crash. Look for a lawyer and firm with:
Specialized Experience
Seek attorneys well-versed specifically in commercial truck litigation. This complex specialty area requires niche knowledge lawyers develop over many years handling these cases. Verify their track record of securing major verdicts and settlements for past truck accident clients.
Ample Resources
You want a lawyer with the financial resources to thoroughly pursue your complex case by hiring experts, obtaining records, reconstructing crashes, and fully investigating liability. Boutique firms lacking substantial support staff and sophisticated tools are ill-equipped for this undertaking.
Strong Reputation
Ask trusted contacts like your family doctor or state bar association for referrals to revered regional truck accident attorneys with a stellar reputation for ethics, expertise, and client advocacy. Online reviews also provide insight.
Clear Communication
The ideal lawyer educates and empowers you through each case step, returning calls promptly, answering all questions, explaining strategy, and treating you with compassion. Never feel ignored or disadvantaged.
Contingency Fees
Top truck accident lawyers work on contingency, only collecting payment if they secure compensation for you. This ensures their interests are fully aligned with you, not the insurance companies. Beware of any lawyers requiring you to pay heavy upfront costs.
Steps to Take After a Truck Accident
If you or a loved one are involved in a truck crash, critical actions should be taken immediately:
Seek Medical Attention
Your health is paramount. Adrenaline may mask serious unseen injuries. Get checked out at the ER and follow doctors’ ongoing care instructions closely. Ambulance transport is safest.
Report the Accident
File a detailed crash report with local law enforcement. This creates an official record of events while facts are fresh. Cooperate fully at the scene, but avoid speculating on causes.
Gather Information
If possible, document truck ID numbers, driver and company names, license plates, insurance details, cargo contents, weather and road conditions, witnesses’ accounts, plus photos and video of property damage, injuries, skid marks, and more. Any documentation helps prove your case later.
Preserve Evidence
Do not dispose of or clean any property, clothing, or other items damaged in the crash until your attorney approves. Maintaining essential evidence gives experts insights into accident dynamics.
Conclusion
Being hit by a massive commercial truck is among the most devastating accidents one can endure. The unique complexities of these crashes compound physical, emotional, and financial difficulties for victims. However knowledgeable legal advocates can help clients and families emerge from these experiences with financial security, a path to healing, and most importantly – justice.
