ar accidents involving commercial trucks, such as big rigs, 18-wheelers, or delivery trucks, are often far more dangerous than typical passenger vehicle collisions. These massive vehicles can cause catastrophic injuries, substantial property damage, and even fatalities due to their size and weight. If you've been injured in a car accident with a commercial truck, you are not just dealing with the physical and emotional aftermath of the accident but also facing a complex legal battle that requires immediate attention.
This blog will guide you through the critical steps to take after a collision with a commercial truck, explain the unique legal challenges involved, and discuss why hiring an experienced truck accident lawyer is essential to protect your rights and secure the compensation you deserve.
1. Unique Challenges of Commercial Truck Accidents
Accidents involving commercial trucks differ significantly from regular car accidents for several reasons:
- Size and Weight Disparity: A fully loaded commercial truck can weigh up to 80,000 pounds, compared to the average passenger vehicle weighing around 4,000 pounds. The sheer size of the truck makes accidents more likely to result in serious injuries or fatalities.
- Complex Liability: In a commercial truck accident, liability is often much more complicated. Multiple parties can be held responsible for the crash, including the truck driver, the trucking company, the manufacturer of the truck, or even the company responsible for maintaining the vehicle. Identifying all the responsible parties and proving negligence requires extensive legal expertise.
- Strict Regulations: The trucking industry is subject to a variety of federal and state regulations, including rules about how many hours a driver can be on the road, vehicle maintenance requirements, and weight limits. Violations of these regulations can be crucial in proving negligence, but understanding these complex laws often requires the assistance of a truck accident attorney.
2. Common Causes of Commercial Truck Accidents
Commercial truck accidents can be caused by a range of factors, many of which stem from negligence. Understanding the common causes can help determine who is at fault:
- Driver Fatigue: Truck drivers are often on tight schedules, leading to long hours behind the wheel. While the Federal Motor Carrier Safety Administration (FMCSA) imposes Hours of Service (HOS) regulations, drivers may still violate these rules or suffer from fatigue, increasing the risk of accidents.
- Distracted Driving: Just like passenger vehicle drivers, truck drivers can be distracted by smartphones, GPS systems, or eating and drinking while driving. A moment of distraction can lead to devastating consequences in a large truck.
- Improper Maintenance: Commercial trucks require regular maintenance to ensure they are safe on the road. Neglecting to maintain the truck's brakes, tires, or other vital systems can lead to mechanical failures that cause accidents.
- Overloading: Trucks that are overloaded or improperly loaded are harder to control, making them more prone to accidents. Cargo that shifts or falls out of the truck can also cause serious accidents on the road.
- Driving Under the Influence: Some truck drivers may engage in reckless behavior like driving under the influence of alcohol or drugs, which can impair their ability to operate a large vehicle safely.
3. Injuries Commonly Sustained in Truck Accidents
Due to the size and force of commercial trucks, injuries sustained in these accidents tend to be severe. Common injuries include:
- Traumatic Brain Injuries (TBI): Head injuries are common in truck accidents, ranging from concussions to more severe brain trauma. TBIs can result in long-term cognitive and physical disabilities.
- Spinal Cord Injuries: Spinal cord injuries can lead to paralysis or other permanent mobility issues, requiring lifelong care and rehabilitation.
- Broken Bones and Fractures: The force of impact in a truck accident can easily result in broken bones, which may require surgery and lengthy recovery times.
- Internal Injuries: Internal bleeding, organ damage, and other life-threatening conditions are common in high-impact truck accidents.
- Burns and Disfigurement: Due to the risk of fire or explosion in truck accidents, victims may suffer from severe burns or disfigurement, requiring reconstructive surgery and causing significant emotional trauma.
4. Steps to Take After a Commercial Truck Accident
After a collision with a commercial truck, taking the right steps immediately can make a significant difference in your ability to recover compensation and protect your rights. Here's what to do:
- Seek Medical Attention: Your health and safety should be the top priority. Even if you feel fine, some injuries may not present symptoms immediately, so it’s crucial to get a medical evaluation as soon as possible.
- Call the Police: Always report the accident to law enforcement, especially when a commercial vehicle is involved. The police report will be an essential piece of evidence in your case.
- Gather Evidence: If you’re physically able, gather as much evidence as possible at the accident scene. Take photographs of the vehicles, damage, road conditions, and any visible injuries. Get the contact information of the truck driver and any witnesses.
- Do Not Admit Fault: Never admit fault or make statements that could be used against you later, such as apologizing for the accident. Liability in truck accidents can be complex, and an investigation will determine who is responsible.
- Consult an Experienced Truck Accident Lawyer: Due to the complexity of commercial truck accident cases, it’s crucial to contact a lawyer immediately. They can help preserve evidence, investigate the crash, and handle negotiations with insurance companies.
5. Why You Need a Truck Accident Lawyer
Navigating the legal aftermath of a commercial truck accident is no simple task. Here’s why hiring a skilled truck accident lawyer is critical:
- Determining Liability: As mentioned earlier, multiple parties can be held liable in a truck accident, including the truck driver, trucking company, vehicle manufacturer, and more. A lawyer will investigate the crash thoroughly to identify all responsible parties and gather the evidence needed to build a strong case.
- Dealing with Insurance Companies: Insurance companies for commercial trucks have teams of lawyers and adjusters working to minimize payouts. Having an experienced lawyer on your side ensures that you aren’t taken advantage of and receive fair compensation.
- Knowledge of Trucking Regulations: Federal and state laws governing the trucking industry are complex. A truck accident lawyer will be familiar with these regulations and can use violations of these rules as leverage to prove negligence.
- Maximizing Compensation: Truck accidents often result in severe injuries and significant financial losses. A lawyer will fight to ensure that you recover compensation for all your damages, including medical bills, lost wages, pain and suffering, and long-term care expenses.
6. Compensation Available After a Truck Accident
If you’ve been injured in a commercial truck accident, you may be entitled to compensation for the following damages:
- Medical Expenses: This includes hospital bills, surgeries, medications, rehabilitation, and ongoing treatment costs.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages and any future earning potential that may be impacted.
- Pain and Suffering: Truck accidents can cause physical pain and emotional trauma, which can also be factored into your compensation claim.
- Property Damage: Compensation for damage to your vehicle and any personal property destroyed in the accident.
- Wrongful Death: If a loved one dies in a truck accident, surviving family members can file a wrongful death lawsuit to recover damages for funeral costs, lost companionship, and more.
Conclusion: Lawyer Up After a Truck Accident
Injuries from a commercial truck accident can have life-altering consequences. From mounting medical bills to lost income and emotional distress, the aftermath can be overwhelming. Trucking companies and their insurers will aggressively defend themselves, which is why it’s crucial to have an experienced truck accident lawyer advocating for you.
If you or a loved one has been injured in a collision with a commercial truck, don’t wait. Time is of the essence when it comes to preserving evidence and building a strong case. Contact a qualified truck accident lawyer to ensure your rights are protected and to secure the compensation you deserve.