TRUCK ACCIDENT LAWYER

 

If you or a loved one got injured in a truck accident, you are most certainly in agony and unsure of what to do next. A truck accident lawyer may help you find the responsible person or parties, gather evidence, interview eyewitnesses, negotiate with the insurance company, and, if necessary, take the matter to trial.

While you focus on recuperating or caring for an injured family member as a result of an accident that was not your fault, a truck accident attorney can handle all elements of your case.

TRUCK ACCIDENT CRASH STATISTICS:

In 2018, almost 11,000,000 commercial vehicles were on American roads, according to the Federal Motor Carrier Safety Administration (FMCSA).

In 2019, a total of 4,119 people were killed in major truck accidents. Sixteen percent of these fatalities involved truck drivers, 67 percent involved car and other passenger vehicle occupants, and 15 percent involved pedestrians, bicyclists, or motorcyclists. The number of people killed in major truck accidents increased by 31% in 2019 compared to 2009, when it was the lowest since fatal accident data collection began in 1975. The number of truck occupants killed in 2010 was 51% higher than in 2009.

Damages Caused by a Truck Accident

An individual involved in a truck crash, as in a car accident or some other serious injuries, has the right to claim compensation for their losses so that their life can be returned as close to its pre-accident condition as possible.

• Truck crash lawsuits will seek liability for the following losses:

•  Prescription bills 

•  Charges of surgery and other medical treatments 

•  Rehabilitation fees and operations

•  Nursing home care expenses

•  Money lost after the event 

•  Future earning potential loss

•  Pain and distress 

• Mental and emotional suffering

•  Disfigurement and lifelong scarring

•  Loss of enjoyment of existence

INJURIES DUE TO TRUCK ACCIDENTS:

Following are the most common injuries due to truck accidents: 

• Serious head injuries

•  spinal cord injury

•  disfigurement

•  burns

•  broken bones

•  lacerations

•  paralysis or even death may result from truck crashes.

 

How Do Truck Accidents Differ From Car Accidents?

 

Commercial freight vehicles (also known as "big rigs") typically weigh 80,000 pounds or more, which is twenty times the weight of a passenger vehicle. Despite rules requiring truck drivers to drive no more than ten hours a day, they are often granted cash incentives to ride long distances quicker, endangering the safety of other drivers.

 

1. Higher Insurance Policies: Liability policies for truck drivers will be up to fifty times larger than coverage for auto accidents. The net amount of insurance is always in the millions, so you can bet that the many insurance carriers involved in a case would do everything in their power to ensure they were not responsible. Veteran insurance adjusters will be summoned and will use devious tactics, such as promising a seemingly large settlement while the case is worth even more. Having a trustworthy lawyer by your side will make the procedure even less difficult.

 

 

2. Increased Property Damage: As previously said, an 18-wheeler commercial freight truck's weight and total scale are much greater than that of a typical car. Which ensures that all nearby land would be even more damaged than in a two-car accident.

 

3. More Serious Injury: Similarly, the injuries that are common in auto crashes are much more severe and can require extensive hospital attention and expenses. Injuries sustained in a truck crash can range from extreme neck pain and fractured bones to head damage and severe lacerations.

 

 

4. Much Higher Medical Bills: The time spent in a hospital continues to be much more than the amount of time spent in a traffic accident-related injury. Truck crash victims are unlikely to return to work for an extended period of time, if at all. Your truck accident lawyer can more precisely measure the present and potential pain and suffering by consulting with an expert counsel at Morgan & Morgan to secure the payout you actually deserve.

 

5. Higher Chance of Death:   A collision with a big commercial truck is much more likely to result in death than a collision with two passenger vehicles. Every year, between 3,000 and 5,000 people are killed in truck crashes, according to the Federal Motor Carrier Safety Administration (FMCSA).

 

Considering the volume of factors involved in vehicle crashes, as well as the significant leverage wielded by trucking firms and their insurers, obtaining a free case evaluation is a recommended first step before determining whether to retain the services of a lawyer.

 

The Most Common Reasons for Truck Accidents :

The following are examples of common truck driver mistakes that lead to accidents:

• Driving while distracted

• Tiredness

• Driving while intoxicated

• Quickness

• Inadequate experience

• Failure to obey road regulations

• Poor decision-making

Who is to Blame for My Truck Accident?

If you have been injured or lost a loved one in a truck crash, you will be entitled to seek compensation from a variety of parties. It is not unusual for these groups to disclaim responsibility or blame for a collision. The following are examples of responsible parties:

 

1. Truck driver

2. Truck company

3. Owner of the truck

4. Company leasing the truck 

5. Company leasing the trailer 

6. The shipper that wanted the load shipped

7.  Maker of the truck, trailer, or sections

 

 

Types of Truck Accident Lawsuits:

The following are some examples of truck accident lawsuits:

1- Negligence: Lawsuits seeking liability for injury suffered in a truck crash are often focused on the truck driver's negligence. The following are some common signs of negligence: 

• Lack of truck driving experience 

• Truck overloading

• Using oversized trucks on small roads

Disobeying traffic rules

• Failure to see other vehicles attributable to the truck's wide blind spot

• Driving for an extended period of time without stopping

• Failure to track the truck driver's driving hours

• Failure to maintain the tractor and/or trailer in a clean, operational condition

• Hiring an inexperienced or unfit truck driver

• Inadequate supervision of the truck driver

• Inadequate training of the truck driver

 

2- Choosing an unqualified or unsuitable trucking firm:To win a negligence case, the injured must have proof that the truck driver owed an obligation of responsibility to all cars on the lane, that the driver violated this duty by any action or failure to act, that an accident was incurred, and that the violation of duty caused the injury.

In certain cases, the owner and management of the trucking company, the owner of the truck, the employer of the driver, and their respective insurance agencies may be held responsible for a collision.

3- Product Liability: If a flaw in the truck or one of its parts led to the crash, the product maker could be liable (s). Product liability claims relying on the incompetence of the company would ask the injured party to demonstrate:

 

• The faulty truck or a specific component was "unreasonably unsafe"

• The truck was not driven as the maker expected 

• The truck's output had not improved after its purchase

 

Product liability cases can also be filed under strict liability, where evidence of fault is not required; however, plaintiffs must demonstrate that the injury originated during the production process to win. This will necessitate expert research, examination, and testimony.

 

 

 

4- Wrongful Death: Truck crashes are often so serious that the driver does not survive. In certain cases, the family can file a lawsuit on their loved one's behalf to recover money for their damages. Wrongful death lawsuits require the family to assert the same evidence as the victim would have proven if they had lived and made a lawsuit of their own. An advocate may assist family members in recovering economic, non-economic, and, in some cases, punitive payments for the death of a loved one.

 

What Will My Attorney Do To Help Me?

Your truck accident lawyer may be well-versed in the many strategies used by insurance firms to minimize the amount of coverage you receive, but we also have a large network of expert witnesses and experts to investigate any part of an accident. Following a collision, the trucking firm and its insurance company will then begin an inspection of the scene. They can take witness statements, photographs of the accident scene, and inspect the cars to ascertain the amount of damage caused by the crash. State police can also conduct their investigation into the crash, which may help your lawsuit.

Your lawyer may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. These steps include:

•  Examine the available video footage.

•  Speak with witnesses

•  Examine required police and crash records

•  Examine and analyze the patient history

•  Speak with emergency personnel

•  Speak with consultants on reconstructing the crash scene and recreating the accident.

•  Assist the truck company and driver in preserving vital facts.

•  Obtaining the truck driver's alcohol and drug testing

•  Gather information from the truck's Electronic Control Module (ECM; i.e. "black box")

 

Your truck accident lawyer can also secure any sensitive evidence from corruption by submitting a spoliation letter to the truck company before the critical evidence is lost or stolen. Following receipt of this letter, trucking companies are legally required to keep documentation relevant to the prosecution, such as driver logs and black box data. This miss is submitted directly after an accident, but truck companies can delete these documents as part of their normal business practices.

How is Negligence Determined in a Truck Accident?

If you or a loved one was hit by a commercial truck driver and want to take court action to get the money you deserve, you must show fault on the part of the truck driver and the other party you feel are to blame. To prove that the crash was caused by negligence, your attorney will define the parameters of the truck driver's duty of responsibility to show that there was a violation of that duty that resulted in your injury and associated damages. Texting while driving, speeding, hitting a red light or stop sign, and falling asleep at the wheel are also typical causes of truck driver neglect.

Due to the high-risk aspect of truck drivers' employment, the Federal Motor Carrier Safety Administration (FMCSA) requires drivers to meet the following rules:

 

 Keeping a logbook listing the number of hours driven

documenting hours of service and rest breaks 

 • adhering to planned and constitutionally required maintenance standards.

• Proper packing of truck cargo, including dangerous materials

 No use of controlled substances or alcohol

 No more than ten hours of driving per workday.

 

How Compensation Is Calculated of a Truck Accident

The forms of coverage available to people injured by a truck crash, among the most serious injury cases, fall into two categories: economic losses and non-economic damages.

Economic Loss:

Economic truck crash damages are intended to offset real cash losses such as the following:

1. Current Medical Expenses: These can include fees for emergency room visits, nursing treatment, surgery, assistive equipment, and consultations with qualified medical practitioners.

 

2. Medical Expenses in the Future: Reimbursement for further medical treatment and care.

 

3. Compensation for Wages Missed: Compensation for wages lost between the time of the accident and the end of the litigation.

 

4. Compensation for Loss of Earning Capacity: If the claimant may show that their ability to make a living has been harmed, compensation will be available. The awarding party would have to determine how much the claimant might have won if the traffic crash had not happened.

 

Non-Economic Awards:

The reward in which claimant and/or relatives claims for intangible, non-monetary losses, such as:

1. Pain and Suffering: This provides responsibility for actual pain endured as a result of the crash's injury. The reward is calculated based on the severity of the injuries, the duration of the suffering, and the amount of time the victim is likely to suffer.

2. Mental Anguish: Compensation for physical suffering triggered by a truck crash, such as fright, humiliation, grief,  nervousness, worry, and other types of emotional distress.

3. Loss of Consortium: Compensation granted to a partner, parents, and minor children for the loss of a loved one, with the help of a fatal accident lawyer.

 

4. Punitive damages: Punitive damages can be awarded in addition to economic and non-economic damages if the defendant's conduct that caused the injuries were intentional, deliberate, dishonest, or careless. Punitive damages are intended to discipline the defendant and deter any similar actions.

 

Summary: 

Compensation is only possible with the help of an experienced and competent Truck accident lawyer. If you are trying to defend your case without hiring an attorney, then you’ll be in big trouble. Unlike car accidents, in which you don’t need a car accident lawyer or personal injury lawyer, you must have to hire an attorney who can defend your case.