When a large commercial truck hits a passenger vehicle, bicycle, motorcycle, or pedestrian, devastating injuries can happen. In some situations, these injuries include spinal cord damage or paralysis.
If you or a person you love suffered a spinal cord injury due to truck driver or trucking company negligence, you are not alone.
The skilled legal team at Shunnarah Truck Accident Lawyers can handle the legal components of your claim while you focus on getting better. We will do everything possible to maximize the compensation you receive, either through settlement with the insurance company or litigation in court.
For a free case evaluation and legal consultation with an experienced spinal cord injury lawyer, please call us at (205) 957-4995 or contact us online right away.
Types of Truck Accidents that Lead to Spinal Cord Damage
Truck accidents resulting from truck driver or trucking company negligence can cause severe injuries, including spinal cord damage. Here are the most frequent types of trucking accidents that lead to these injuries:
- Rear-End Collisions – These accidents happen when a large truck crashes into the back of another vehicle. This often occurs if the truck driver is following too closely, is distracted, or fails to brake in time. Rear-end collisions can cause significant whiplash and impact injuries, which may result in spinal cord injuries.
- Side-Impact (T-Bone) Accidents – In these accidents, a truck hits the side of another vehicle. This can occur at intersections or when a truck runs a red light or stop sign. The force from a side-impact collision can lead to severe injuries, including spinal damage, especially if the side of the vehicle is directly struck.
- Head-On Collisions – These are among the most dangerous types of truck accidents. They happen when a truck and another vehicle crash front to front. This type of accident often results from a truck driver’s error, such as crossing into oncoming traffic. The violent force of a head-on collision can lead to catastrophic injuries, including damage to the spinal cord.
- Truck Jackknife Accidents – These crashes occur when the trailer of a truck swings out and folds in towards the cab, forming a V-shape. Jackknife accidents usually happen due to sudden braking or slippery road conditions. The shifting trailer can cause severe accidents, leading to injuries from the violent collision.
- Rollovers – Trucks can roll over if the driver takes a turn too quickly, loses control, or encounters a sudden obstacle. Rollover accidents are extremely dangerous due to the truck’s weight and the impact from the vehicle flipping.
- Blind Spot Accidents – Trucks have large blind spots where other vehicles are not visible to the driver. If a truck driver changes lanes or merges without checking these blind spots, they can cause accidents. Such collisions can result in severe injuries from the force involved.
Types of Spinal Cord Injuries in Commercial Trucking Accidents
Spinal cord injuries resulting from trucking accidents due to negligence can have profound and long-lasting effects.
These injuries typically fall into several categories, each with unique characteristics and potential consequences:
- Complete Spinal Cord Injury – In a complete spinal cord injury, the spinal cord is severed or severely damaged, leading to a total loss of sensation and function below the level of the injury. This type of injury results in paralysis of the body parts below the affected area. For instance, an injury in the upper spinal cord may result in tetraplegia, affecting all four limbs, while a lower injury can result in paraplegia, affecting only the lower body.
- Incomplete Spinal Cord Injury – An incomplete injury occurs when the spinal cord is damaged but not fully severed. This type can result in partial loss of function and sensation below the injury site. The extent of impairment can vary widely depending on the specific location and severity of the damage. Common forms include central cord syndrome, where the center of the spinal cord is damaged, leading to greater impairment in the arms than in the legs.
- Contusion or Bruising – A spinal cord contusion involves a bruise on the spinal cord due to the force of the accident. This type of injury may lead to swelling and bleeding within the spinal cord, which can cause temporary or permanent damage. The degree of impairment depends on the extent of the bruising and the resulting pressure on the spinal cord.
- Compression Injuries – Compression injuries occur when pressure is applied to the spinal cord, often due to a fractured vertebra or disc herniation. In trucking accidents, the force of the collision can compress the spinal cord, potentially causing significant damage and loss of function. Symptoms vary from pain and weakness to complete loss of movement.
- Lacerations or Transections – In severe cases, bone fragments or other objects can cut or lacerate the spinal cord. Lacerations can cause immediate and severe loss of function and sensation below the injury site, often resulting in permanent paralysis.
Proving a Spinal Cord Injury in a Trucking Accident
Proving a spinal cord injury in a trucking accident claim or lawsuit involves several key steps and requires comprehensive evidence.
Here’s a detailed guide on how to effectively prove such an injury:
- Medical Documentation – The first and most important step is obtaining thorough medical documentation. This includes records from emergency room visits, hospital stays, and follow-up appointments. Detailed reports from physicians, including diagnostic tests like MRIs or CT scans, are essential to confirm the presence and extent of the spinal cord injury. These documents should outline the diagnosis, the severity of the injury, and the recommended treatment plan.
- Expert Testimony – Testimony from medical experts can significantly strengthen your case. Specialists in neurology or orthopedic surgery can provide detailed explanations of the spinal cord injury, how it resulted from the accident, and its effect on your life. Expert testimony helps establish the connection between the accident and the injury, offering a professional perspective on the long-term effects.
- Witness Statements – Collecting statements from witnesses who saw the accident or the immediate aftermath can support your claim. Witnesses can describe the accident’s circumstances and the severity of the truck collision. Their accounts can corroborate the details of how your injury occurred.
- Accident Reports – These reports provide an objective account of the accident, including the conditions, any violations, and the parties involved. This helps establish the facts surrounding the incident and can be crucial in linking the accident to the spinal cord injury.
- Medical Expert Reports – These reports should include the injury’s effect on your daily life, including physical and emotional aspects. They should also outline the treatment and rehabilitation process and any ongoing needs or limitations.
- Documentation of the Effects on Your Life – This documentation includes information on pain and suffering, loss of mobility, and any required modifications to your living environment. Testimony from family members and caregivers can also illustrate the injury’s effect on your overall quality of life.
- Financial Records – Keep a record of all medical expenses, lost wages, and other financial effects resulting from the injury. This documentation helps to calculate the economic damages and provides a clear picture of the financial burden that the spinal cord injury imposed.
Successfully Litigating a Truck Accident Case that Involves a Spinal Cord Injury
In a trucking accident case involving a spinal cord injury, you have several options for resolving the dispute. Each option has its own advantages and considerations:
- Settlement – Settling with the insurance company is often the quickest and most straightforward way to resolve a case. This process involves negotiating an agreement where the insurance company pays a lump sum to compensate for your injuries. Settlements can be advantageous because they avoid the time, expense, and uncertainty of a trial. However, once you accept a settlement, you generally cannot pursue further claims related to the accident. It’s important to ensure that a particular settlement offer covers all of your damages, including medical expenses, lost income, and pain and suffering.
- Trial – If a fair settlement cannot be reached, you may take your case to trial. During a trial, both sides present evidence and arguments before a judge or jury, who then makes a decision on the case. Trials can be lengthy and expensive, but they offer the chance to fully present your case and seek a judgment that meets your needs. A trial also allows one to hold the trucking company or driver accountable in a more public forum. However, trials come with risks, such as the possibility of an unfavorable verdict or a lower award than what may have been offered in a settlement.
- Alternative Dispute Resolution (ADR) – ADR methods, such as mediation or arbitration, are alternative ways to resolve disputes without going to trial. Mediation involves a neutral mediator who helps both parties reach a mutually acceptable agreement. It’s often less formal and more flexible than a trial, allowing for creative solutions that may not be available in court. Arbitration involves a neutral arbitrator who makes a binding decision after reviewing the evidence. ADR can be faster and less costly than a trial, but the mediator or arbitrator determines the outcome rather than a judge or jury.
Each option has its pros and cons, and the best choice depends on the specifics of your case, including the severity of the spinal cord injury, the strength of the evidence, and your long-term goals.
Recovering Damages for Spinal Cord Injuries Following a Trucking Accident
In a trucking accident case that involves a spinal cord injury, victims may be entitled to various types of damages to compensate for their losses. These damages fall into two main categories: economic and non-economic.
- Economic Damages – These cover the tangible financial losses incurred due to the accident. They include:
- Medical Expenses—This encompasses all costs related to treating the spinal cord injury, such as hospital bills, surgeries, physical therapy, medications, and any future medical care required. The expenses also include the cost of assistive devices like wheelchairs or home modifications needed due to the injury.
- Lost Income – If the injury prevents the victim from working, they can claim compensation for lost income. This includes not only the wages lost while recovering but also potential future earnings (i.e. if the spinal cord injury results in a permanent disability that affects the victim’s ability to work).
- Loss of Earning Capacity – This refers to the reduction in the victim’s ability to earn income in the future. If the spinal cord injury affects their ability to perform their job or limits their employment opportunities, they may be entitled to compensation for this loss.
- Out-of-Pocket Expenses – These are additional costs directly related to the injury, such as transportation to medical appointments, home care services, or other expenses incurred due to the injury.
- Non-Economic Damages – These damages compensate for the intangible, non-financial effects of the spinal cord injury. They include:
- Pain and Suffering – This damage accounts for the physical pain and emotional distress resulting from the injury. It reflects the discomfort, agony, and mental anguish the victim experienced.
- Emotional Distress – Beyond physical pain, spinal cord injuries can lead to significant emotional and psychological suffering, including anxiety, depression, or loss of life enjoyment. Compensation for emotional distress aims to address these effects.
- Loss of Consortium – If the injury affects the victim’s relationship with their spouse or family, compensation may be awarded for the loss of companionship, affection, and support. This type of damage recognizes the effect on the victim’s personal relationships and family dynamics.
- Loss of Enjoyment of Life – This compensates for the reduction in the victim’s ability to participate in activities they once enjoyed. The injury’s effect on hobbies, social activities, and daily life is considered when determining this type of damage.
Speak with a Knowledgeable Spinal Cord Injury Lawyer Today
If you or a person you love suffered a spinal cord injury in a recent trucking accident, you need an experienced personal injury attorney in your corner fighting for your rights. At Shunnarah Truck Accident Lawyers, we can aggressively pursue the compensation you need by handling settlement negotiations on your behalf or aggressively litigating your case in court.
For a free case evaluation and legal consultation with an experienced truck accident attorney, please call us at (205) 957-4995 or contact us online right away.