Trucking accidents – especially semi-truck accidents – are some of the most serious motor vehicle accidents, often resulting in serious injuries and death. Unfortunately, trucking accidents are far too common and have been on the rise in recent years. In 2012, there were 333,000 semi-truck crashes, resulting in 3,921 deaths and 104,000 injuries.
Many times, the injuries and deaths that happen in semi-truck accidents involve motorists and passengers in other vehicles. If you were injured in a truck accident or a loved one died in a trucking accident, you may be able to recover money damages in a trucking accident lawsuit. In some trucking accidents, the truck driver may be injured. If this is the case, the injured trucker may be able to recover workers’ compensation benefits for his or her injuries.
Truck accident litigation can be confusing and overwhelming, however, so you should contact a trucking accident lawyer as soon as possible. A truck crash lawyer will help you understand your rights and options, guide you through the process, and fight to get you money damages.
Common Causes of Truck Crashes
Truck accidents can be caused by a number of reasons, but some of the most common causes of truck accidents include the following:
- Truck driver fatigue
- Speeding
- Overloaded trucks
- Unsecured truck loads
- Improperly maintained trucks
- Truck defects
- Drunk driving
- Texting while driving
- Improper or inadequate truck driving training
- Negligent motorists
- Unsafe road conditions
Trucking Regulations to Prevent Semi Truck Accidents
Because semi-trucks are so large and powerful, the risk for devastating accidents, serious injury, and death is higher than it is for smaller vehicles. For this reason, truckers and trucking companies are required to comply with a number of state and federal regulations. For instance, new trucking regulations limit the number of hours that a truck driver can work each week. After the maximum 70 hours of driving has been reached in a week, the trucker may only resume driving after he or she rests for 34 consecutive hours, including at least two nights from 1-5 a.m. There are also mandatory 30-minute breaks during the first eight hours of a truck driver’s shift.
The failure to comply with trucking regulations can result in hefty fines, criminal charges, and money damages for anyone injured by the dangerous trucker or trucking company. Unfortunately, some dishonest trucking companies continue to employ unsafe truck drivers or seek to avoid a history of trucking violations by changing their company name. A semi-truck accident lawyer can help determine whether a trucking company or truck driver has a history of trucking violations, and help pursue truck accident litigation that will put the dangerous trucking company out of business, in addition to getting maximum money damages for the truck accident victims.
Liability for Trucking Accidents
In order to obtain maximum money damages, it is important to identify all responsible persons as soon as possible. Depending on the circumstances of the trucking accident, the trucker, trucking company, shipper, manufacturer, or other motorists could all be responsible in a truck accident lawsuit.
A trucking accident lawyer can help find out the cause of the crash. For instance, if a truck accident happens because the trucker or trucking company violated trucking regulations, the trucking company and truck driver could both be liable for the resulting injuries, deaths, or damages. Moreover, like all motorists, a truck driver can be held liable for injuries and deaths that are caused by his or her negligence. In some situations, the shipper can be liable for injuries or deaths if the truck was loaded incorrectly, and if the truck accident was caused by a truck defect, the truck manufacturer could be liable in a product liability lawsuit.
Given the nature of the trucking industry, however, truck accident litigation often comes with a number of legal complexities. For instance, trucking accident lawsuits can involve complicated issues regarding:
- Liability (who was at fault for the accident?)
- Named defendants (who should be sued – the trucker, trucking company, shipper, or other party?)
- Contributory negligence (was the plaintiff partially at fault?)
- Jurisdiction and venue (where should the truck accident lawsuit be filed?)
- Applicable laws (do state or federal laws apply?)
A truck wreck lawyer will guide you through these questions, provide recommendations on the proper course of action, and help you pursue a trucking accident lawsuit.
Get Money for Your Trucking Accident Injuries
Injuries from trucking accidents – particularly semi-truck accidents – are often serious or even deadly. If you file a truck accident lawsuit against the truck driver, trucking company, or other negligent person, you may be able to recover the following money damages:
- Past and future medical expenses
- Past and future rehabilitation expenses
- Past and future lost wages
- Past and future pain and suffering
- Past and future emotional distress
What to Do After a Trucking Accident
If you or a loved one were injured in a trucking accident you should:
- Get medical help. Make sure to retain all medical records, receipts of medical bills, and attend all doctor appointments.
- Contact the police and Department of Transportation. You should tell the police the facts of the accidents, but do not make any assumptions or draw any legal conclusions. You should also contact the Department of Transportation to inquire about the safety record of the trucker and trucking company involved.
- If you are able, you should take photos of the accident scene.
- Shortly after the trucking accident, you should inform your insurance company of the accident, but avoid making any statements about who was at fault. You may want to have a truck accident lawyer communicate with your insurance company for you.
- Contact a truck crash lawyer. A trucking accident lawyer will conduct an investigation, tell you your rights and options, communicate with the insurance companies, and fight to get you money damages.
- Obtain and maintain all relevant information, including police reports, medical records, medical bills, repair receipts, lost wage information, and other paperwork regarding the accident.
Don’t Talk to an Insurance Company Without First Talking to a Truck Accident Lawyer
If you are in a truck accident, insurance companies are sure to be involved. In fact, you may be contacted by the insurance company for the trucking company shortly after the accident. Trucking companies are often large corporations, with significant resources at their disposal. As a result, they are able to launch a swift and aggressive legal defense.
Because insurance companies want to make money for themselves, and trucking companies want to avoid liability, they often try to settle a truck accident claim for as little money as possible. For this reason, insurance companies – and the trucking companies that they represent – can be difficult to deal with, using confusing legal terms and applying a strict formula to accident settlements. Because insurance companies may not offer you the money you deserve, you should consult with a truck crash lawyer who can deal with the insurance companies for you.
Get Money for Fatal Trucking Accidents
If a person is killed in a fatal trucking accident, his or her family members may be able to get money in a wrongful death lawsuit. Although no amount of money can bring back a loved one, money damages can help ease the financial difficulties caused by the death and hold the negligent party responsible. A wrongful death lawsuit may provide accident compensation for the following: medical bills, funeral expenses, loss of future income and benefits, loss of parental guidance, loss of spousal companionship, pain and suffering, and emotional distress.
Get Workers’ Compensation Benefits for On-the-Job Trucking Accidents
If you were a truck driver who was injured in an on-the-job trucking accident, you may be able to recover workers’ compensation benefits. Workers’ compensation laws vary from state to state, but most state laws require employers to provide workers’ compensation benefits to those employees who suffer work-related injuries. Some trucking companies attempt to avoid workers’ compensation obligations by classifying their truck drivers as independent contractors, rather than employees, but a truck accident lawyer can help you get the workers’ compensation benefits you deserve. An experienced truck accident lawyer can show that you are entitled to workers’ compensation benefits, help you deal with your workers’ compensation case manager, communicate with the insurance companies involved, help you get appropriate medical treatment, and fight to get you maximum workers’ compensation benefits.
Contact a Truck Wreck Lawyer Who Will Get You Maximum Money Damages
It is important to contact a truck accident lawyer as soon as possible to protect your legal rights. There are time limits on bringing a truck accident lawsuit, which vary from state to state. A truck accident lawyer will be able to determine the time period.