Truck accidents often result from truck driver negligence, such as driver fatigue, speeding, distracted driving, or failing to maintain the vehicle. Trucking companies may also be negligent by not properly training drivers, overloading trucks, or pushing drivers to work beyond legal limits.
Common injuries in these accidents include broken bones, spinal cord injuries, traumatic brain injuries, whiplash, and internal injuries.
If you suffered injuries in a recent truck collision, a knowledgeable truck accident lawyer can help by investigating the accident circumstances, gathering evidence, dealing with insurance companies, and advocating for fair compensation. An experienced truck accident lawyer will pursue appropriate damages for medical costs, lost income, pain and suffering, and long-term care needs while holding negligent parties accountable for their actions.
How Do Truck Accidents Most Frequently Happen?
Trucking accidents can be devastating, often leading to serious injuries or fatalities. Many of these accidents occur due to negligence, either by the truck driver or the trucking company. There are several common types of trucking accidents that result from this negligence.
- One of the most common accidents is rear-end collisions. These often happen when a truck driver follows too closely behind another vehicle, failing to maintain a safe distance. This can be due to the driver speeding, becoming distracted, or driving while fatigued. When a truck driver is not paying enough attention or reacts too slowly, they can rear-end a car or other vehicle, causing serious damage.
- Another common accident is jackknifing. This occurs when the truck’s trailer swings out to the side, forming a sharp angle with the truck’s cab. Jackknife accidents usually happen when the driver brakes too suddenly, especially in wet or icy conditions. It can also happen if the truck’s brakes are not maintained properly. Negligence in vehicle maintenance, such as failing to inspect or repair brakes, can lead to these dangerous accidents.
- Tire blowouts are also a frequent cause of trucking accidents. If a truck’s tires are worn out, improperly inflated, or defective, they can blow out while driving. This may cause the driver to lose control of the truck, resulting in a crash. Trucking companies that do not regularly check or replace tires may be held responsible for accidents resulting from tire blowouts.
- Blind spot accidents are another risk. Large trucks have significant blind spots, and drivers who fail to check them properly when changing lanes can easily collide with other vehicles. Truck drivers who are not properly trained or do not take the time to check their blind spots are more likely to cause accidents.
- Finally, truck driver fatigue is a major factor in many accidents. Truck drivers are required to follow strict regulations about how many hours they can drive each day. However, some drivers may push these limits to meet deadlines, leading to tired and unsafe driving. When a driver is fatigued, their reaction time slows, and they are more likely to make mistakes that result in crashes.
Most Common Truck Accident Injuries
Victims of trucking accidents often suffer severe injuries, ranging from minor to life-threatening. Many of these injuries also require extensive medical treatment. Below are some of the most common injuries and the types of treatment victims may need.
- Whiplash occurs when the accident victim’s head and neck are suddenly jerked forward and then backward. This can cause pain, stiffness, and difficulty moving the neck. Treatment typically includes pain medications, physical therapy, and sometimes wearing a neck brace to support the injured area.
- Head injuries are also very common, especially in truck accidents involving high-impact crashes. These can range from concussions to traumatic brain injuries (TBIs). A concussion may cause headaches, dizziness, and confusion, while a more severe TBI can lead to memory loss, cognitive difficulties, or even a coma. Treatment for head injuries may involve hospitalization, surgery, medications to reduce swelling, and rehabilitation therapies to help with brain function recovery.
- Broken bones are another frequent injury in truck accidents. Broken legs, arms, ribs, and pelvis fractures can occur when the force of the crash is great. Depending on the severity, treatment may include surgery to set the bones, casting, and physical therapy to restore movement and strength.
- Spinal cord injuries can also happen in truck accidents, leading to partial or complete paralysis. Damage to the spine can affect the victim’s ability to move or feel sensations in parts of their body. Victims may need emergency surgery to stabilize the spine, followed by long-term rehabilitation, including physical therapy, occupational therapy, and sometimes the use of mobility aids like wheelchairs.
- Soft tissue injuries, such as bruises, sprains, and strains, are also common. Although these injuries may not be as severe as broken bones or head injuries, they can still cause significant pain and discomfort. Treatment may involve rest, ice, compression, and elevation (the R.I.C.E. method), as well as pain relievers and physical therapy.
Proving Truck Accident Injuries in a Claim or Lawsuit
In a truck accident claim or lawsuit, proving the extent of injuries is critical to securing fair compensation for medical bills, lost income, and pain and suffering. The most helpful types of evidence to support claims of injury include medical records, expert testimony, accident reports, witness statements, photographs, and surveillance footage. These pieces of evidence can help establish the severity of the injuries and demonstrate how the accident occurred.
- Medical records are one of the most important pieces of evidence. These documents provide a detailed account of the injuries sustained, the treatment received, and the prognosis for recovery. They include hospital records, doctor’s notes, test results, and prescriptions. Medical records can establish a direct link between the trucking accident and the claimed injuries, showing the medical care required and the costs involved. They also provide insight into the long-term effects of the injuries, such as ongoing treatments or permanent disabilities.
- Expert testimony from medical professionals can also strengthen a claim. Doctors, surgeons, and specialists can explain the nature of the injuries in layman’s terms, making it easier for a judge or jury to understand how the accident led to specific harm. For example, a medical expert can testify about the likelihood of a full recovery or the need for long-term care due to the severity of the injuries.
- Law enforcement officers usually complete accident reports after a truck accident. These reports often include important details such as the location of the crash, the parties involved, witness statements, and officer observations. In truck accident cases, the report may also include information about traffic violations, vehicle conditions, and other factors contributing to the crash. Accident reports provide an objective account of what happened, helping to establish liability and context for the injuries.
- Witness statements from people who saw the accident happen can be invaluable in proving what occurred before, during, and after the collision. Eyewitnesses can provide details about the driver’s behavior, road conditions, or other relevant factors.
- Photographs and videos of the truck accident scene, vehicles, and injuries are another powerful type of evidence. Pictures can show the extent of property damage, road conditions, and any visible injuries that the victim sustained. Video footage, such as from surveillance cameras or dash cams, can capture the actual moment of the accident, providing irrefutable evidence of the crash’s severity.
- Surveillance footage from nearby businesses or traffic cameras can provide additional insight into the truck crash – especially if the accident occurred in a heavily trafficked area. Surveillance footage can show the moments leading up to the accident, offering a clearer picture of the cause and the extent of the damage.
How to File a Truck Accident Lawsuit
Filing a truck accident lawsuit is a complicated process that typically begins after you’ve tried to settle your claim with the insurance company but couldn’t reach a fair agreement. Here’s an overview of the steps involved in filing a truck accident lawsuit, from filing the initial complaint to possibly resolving the case through alternative dispute resolution (ADR) or going to trial.
- Filing the Lawsuit – The first step in the process is filing a lawsuit, which begins when your truck accident attorney prepares a complaint. This document outlines your legal claims, the facts of the accident, and the injuries you sustained. The complaint is filed in the appropriate court, and a copy is served to the defendant (usually the truck driver, trucking company, or both). The defendant then has a certain amount of time (usually 20-30 days) to respond with an answer, admitting or denying the claims made in the complaint.
- Discovery Phase – Once the lawsuit is filed, the discovery phase begins. This is where both sides gather evidence to support their case. The plaintiff (you) and the defendant exchange documents, including medical records, accident reports, and any other evidence related to the case. Truck accident attorneys may also conduct depositions, where witnesses, experts, or the parties involved are questioned under oath. The discovery phase can take several months as both sides work to uncover details that may help their case.
- Settlement Negotiations – During or after the discovery phase, both sides may engage in settlement negotiations. Your truck accident lawyer will try to reach a fair settlement with the defendant’s insurance company to avoid going to trial. This process often involves back-and-forth offers and counteroffers. If an acceptable settlement is reached, the case can be resolved without a trial, and you will receive compensation for your injuries.
- Alternative Dispute Resolution (ADR) – If settlement talks fail, the parties may agree to go through ADR. ADR methods, such as mediation or arbitration, involve a neutral third party helping to resolve the dispute outside of court. Mediation involves a mediator helping both sides come to an agreement, while arbitration involves a neutral arbitrator making a binding decision. ADR can save time and money compared to a trial, but both parties must agree to the process.
- Trial – If ADR doesn’t work, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who will then decide the outcome – including the compensation you are entitled to receive.
Available Compensation for Truck Accident Injuries
In a truck accident claim or lawsuit, victims may be entitled to recover compensation for the various losses sustained due to their injuries. These compensatory damages are meant to cover both the economic and non-economic losses resulting from the accident. The primary types of compensable losses available in a truck accident case are medical expenses, lost income, pain and suffering, emotional distress, and, in some cases, punitive damages.
- Medical Expenses – These damages include the cost of emergency room visits, hospital stays, surgeries, prescription medications, rehabilitation, and any ongoing medical treatments. If the victim requires long-term care or specialized treatment, these costs are factored into the claim. Medical expenses also cover the cost of physical therapy, assistive devices like wheelchairs, and even future medical care if the victim’s injuries are permanent.
- Lost income – Victims of truck accidents who are unable to work due to their injuries may be entitled to compensation for lost earnings. This includes the income they would have earned during the time they were unable to work, whether that’s a few days or several months. If the injury results in a permanent disability that prevents the person from returning to their job or working in the same capacity, they may also be compensated for lost earning capacity, which estimates the future income they are likely to lose because of the long-term effects of their injury.
- Pain and Suffering – Pain and suffering compensation is for a type of non-economic damage that compensates the victim for the physical pain and emotional distress resulting from their injuries. This can include the mental anguish of enduring chronic pain, limitations on daily activities, anxiety, and lost quality of life. Unlike medical expenses or lost earnings, pain and suffering is subjective and can vary based on the severity of the injury, the victim’s lifestyle, and the long-term effects on their emotional well-being.
- Emotional Distress – Emotional distress damages are awarded for the psychological effects the accident has on the victim, such as depression, anxiety, post-traumatic stress disorder (PTSD), or fear of driving again. Emotional distress is often harder to quantify than physical injuries, but it is still a valid component of a claim, especially if the accident caused lasting psychological effects.
- Punitive Damages – In some cases, punitive damages may be awarded if the truck driver or trucking company acted with gross negligence or intentional misconduct. These damages are intended to punish the defendant and deter similar behavior in the future. Punitive damages are less common and are typically only awarded when the defendant’s actions were particularly reckless, such as driving under the influence.
Speak with an Experienced Truck Accident Lawyer Right Away
If you suffered injuries due to a truck driver or trucking company’s negligence in an accident, you are not alone. A knowledgeable truck accident attorney in your area can swiftly investigate your accident circumstances and set you on a path to recovering the financial compensation you deserve.