Accidents involving large commercial trucks, tractor-trailers, and big rigs typically happen when truck drivers and trucking companies behave negligently under the circumstances. Truck drivers may cause accidents when they speed, engage in distracted driving, or become fatigued while they are behind the wheel. Similarly, employer trucking companies may cause accidents when they fail to properly supervise their drivers or violate state and federal motor carrier regulations.
If you suffered injuries in a recent truck crash, you should look no further than the skilled legal team at Shunnarah Truck Accident Lawyers. We can promptly evaluate your accident circumstances, file a claim on your behalf, or pursue litigation in the court system to recover the compensation you need.
For a free case evaluation and legal consultation with a knowledgeable truck accident attorney, please call us at 866-455-3629 or contact us online for more information.
Injured In A Truck Accident?
Types of Truck Driver Negligence that Causes Accidents
Truck driver negligence can take many forms, each with the potential to cause serious accidents.
- One major category is distracted truck driving. Like all drivers, truck drivers can become distracted by various activities such as using a cellular phone, eating, adjusting the radio, or even daydreaming. Given the size and weight of trucks, even a momentary distraction can lead to catastrophic accidents. For instance, texting or making a call takes the truck driver’s eyes off the road and hands off the wheel, significantly increasing the risk of a collision.
- Another critical category is truck driver fatigue. Truck drivers often face long hours on the road, sometimes driving for many hours without adequate rest. Fatigue slows reaction times, decision-making, and overall alertness, which can easily result in accidents. Despite regulations requiring rest breaks, some drivers may push their limits to meet tight schedules, putting themselves and others at serious risk.
- Speeding is also a common form of negligence among truck drivers. Trucks require more time and distance to come to a complete stop compared to smaller vehicles. Exceeding the speed limit reduces the driver’s ability to react to sudden changes in traffic or road conditions, increasing the likelihood of a crash. Speeding in adverse weather conditions, such as rain, further heightens the danger.
- Alcohol or drug impairment is another serious issue. Driving under the influence impairs judgment, coordination, and reaction times. While most truck drivers adhere to strict no-tolerance policies, there are instances where some may take illicit substances or misuse prescription medications, leading to impaired driving abilities.
- Improper loading of cargo can also fall under driver negligence. If a driver fails to ensure that cargo is properly secured, it can shift or spill, causing the truck to become unstable. This instability may lead to rollovers or loss of control, posing a significant threat to other road users.
- Lastly, the driver's lack of proper vehicle maintenance can contribute to accidents. Truck drivers are responsible for conducting pre-trip inspections to ensure their vehicles are in good working order. Neglecting this duty can result in mechanical failures, such as brake failures or tire blowouts, which may bring about serious accidents.
Types of Trucking Company Negligence that Causes Accidents
Trucking companies play a crucial role in maintaining road safety. However, when they fail to meet their responsibilities, it can lead to severe accidents.
One significant type of negligence is improper vehicle maintenance. Trucks are complex machines that require regular upkeep to function safely. If a trucking company neglects routine inspections, fails to repair worn-out parts, or uses substandard replacement components, the risk of mechanical failure increases. Brake failures, tire blowouts, and steering issues are common consequences of poor maintenance, often leading to catastrophic accidents.
Another form of negligence is overloading trucks. Each truck has a maximum weight limit that it can safely carry. When companies overload trucks to cut costs or increase profits, it puts immense strain on the vehicle. Overloaded trucks are harder to control, take longer to stop, and are more prone to rollovers. Additionally, the excessive weight can cause tire blowouts and other mechanical failures.
Negligent hiring practices also contribute to accidents. Trucking companies are responsible for ensuring that their drivers are qualified and capable. This means conducting thorough background checks, verifying licenses, and ensuring drivers have the necessary training and experience. When companies skip these steps to save time or money, they may hire unqualified drivers who lack the skills to operate large trucks safely.
Inadequate driver training is another critical issue. Even if a driver has a commercial driver’s license (CDL), they still need specific training on the company’s vehicles and routes. Proper training includes defensive driving techniques, handling hazardous materials if applicable, and understanding the company’s safety protocols. Without this training, drivers may not be adequately prepared to handle various road conditions or emergencies.
Lastly, pressure to meet unrealistic delivery schedules can lead to negligence. Trucking companies often impose tight deadlines, pushing drivers to exceed speed limits, drive while fatigued, or skip necessary breaks. This pressure not only increases the risk of accidents but also violates federal regulations designed to ensure driver safety.
Each of these factors can significantly increase the likelihood of accidents, endangering everyone on the road.
Most Common Injuries in Trucking Accidents
Accidents involving large trucks can lead to severe injuries for drivers and passengers due to the size and weight of these vehicles. When a negligent truck driver or trucking company causes an accident, the resulting injuries can be catastrophic.
- One of the most common injuries is traumatic brain injury (TBI). The effect of a truck collision can cause the brain to collide with the skull, leading to concussions and other severe brain injuries. Symptoms can range from headaches and dizziness to memory loss and cognitive impairment, sometimes requiring long-term medical care.
- Spinal cord injuries are also common in trucking accidents. The force of a collision can damage the spinal cord, potentially resulting in partial or complete paralysis. These injuries often require extensive rehabilitation and can lead to permanent disability, drastically altering the victim’s quality of life.
- Broken bones and fractures are also frequent outcomes of truck accidents. The sheer force of a truck colliding with a smaller vehicle can easily break bones. Common fractures include those of the arms, legs, ribs, and pelvis. These injuries can be extremely painful and may require surgery, physical therapy, and long recovery periods.
- Whiplash is another common injury, especially in rear-end truck collisions. The sudden jerking motion of the head and neck can strain or tear the muscles and ligaments in the neck. While whiplash may seem “minor,” it can cause chronic pain and mobility issues if not properly treated.
- Internal injuries are also a significant concern. The force of a truck accident can cause damage to internal organs such as the lungs, spleen, kidneys, or liver. Internal bleeding may also occur.
- Cuts and lacerations from broken glass and debris are common as well. While some may be relatively minor, others can be deep, leading to significant blood loss or infection if not properly treated.
- Lastly, psychological injuries should not be overlooked. The trauma of a truck accident can lead to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression. These mental health issues can be every bit as debilitating as physical injuries, requiring therapy and support for recovery.
Successfully Proving Negligence in a Trucking Accident Case
Proving negligence against a truck driver or trucking company after an accident involves establishing four key elements: duty, breach of duty, causation, and damages.
- The first element is duty. This means showing that the truck driver or trucking company had a legal obligation to act in a certain way to ensure the safety of others. Truck drivers have a duty to drive safely and follow traffic laws. Trucking companies have a duty to hire qualified drivers, maintain their vehicles, and adhere to safety regulations. This duty is fundamental to proving negligence because it sets the standard of care for what was expected.
- The second element is a breach of duty. This requires demonstrating that the truck driver or trucking company failed to meet the expected standard of care. For example, if a truck driver was speeding, distracted with a phone, or driving while fatigued, they breached their duty to drive safely. Similarly, if a trucking company failed to properly maintain its vehicles or pushed drivers to violate hours-of-service regulations, it breached its duty to ensure safe operations. Evidence such as traffic camera footage, witness statements, maintenance records, and driver logs can help to establish this breach.
- Causation is the third element and involves proving that the breach of duty directly caused the accident and resulting injuries. It’s not enough to show that the truck driver or company was negligent; it must be clear that their negligence led to the accident. For instance, if a truck driver ran a red light and collided with another vehicle, causing injuries, there must be a direct link between the driver’s negligent action and the accident. Medical records, accident reports, and expert testimony can all establish this causal connection.
- The final element is damages. This involves proving that the accident caused actual harm or loss to the victim. Damages can include medical expenses, lost income, property damage, and pain and suffering. Evidence such as medical bills, repair invoices, and documentation of lost income can demonstrate the extent of the damages.
Successfully proving these elements is vital for obtaining compensation and holding the responsible parties accountable.
Recovering Fair Compensation for Injuries
Determining the value of a truck accident claim or lawsuit involves considering various factors and understanding the types of compensation available to accident victims. Each case is unique, and the final settlement or award can vary widely based on specific circumstances.
One of the primary factors in valuing a truck accident claim is the extent of the victim’s injuries. Severe injuries that require extensive medical treatment, surgery, or long-term care will generally result in higher compensation. Current and future medical expenses are a critical part of the claim. This includes hospital bills, doctor visits, rehabilitation, and any necessary medical equipment or modifications to the victim’s home.
Lost income is another significant component. If the victim cannot work due to their injuries, they can claim compensation for the income they have lost. This also includes future earning potential if the injuries result in a long-term or permanent disability that affects the victim’s ability to earn a living.
Pain and suffering is also considered when determining the value of a truck accident claim. This refers to the physical pain and emotional distress the victim endures as a result of the accident. Calculating pain and suffering can be complex, as it is more subjective than medical expenses or lost income. Factors like the severity of the injury, the victim’s age, and the effects on their daily life are taken into account.
Property damage is another important aspect of the claim. This includes the cost to repair or replace the victim’s vehicle and any other personal property damaged in the accident.
Punitive damages may also be available in certain cases. These are awarded when the truck driver or trucking company’s conduct was particularly egregious or reckless. The main purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future.
Finally, determining the value of a truck accident claim also involves considering non-economic damages such as loss of consortium, which refers to the effect of the victim’s injuries on their relationship with their spouse.
Injured In A Truck Accident?
Contact an Experienced Truck Accident Lawyer Right Away
If you recently suffered injuries in a truck accident that resulted from a truck driver or trucking company’s negligence, you are not alone. The skilled truck accident attorneys at Shunnarah Truck Accident Lawyers will aggressively fight for your interests and pursue the compensation you deserve for your losses, either through a favorable settlement or litigation result. By taking immediate action, you can secure the legal representation you need.
For a free case evaluation and legal consultation with a skilled truck accident attorney, please call us at 866-455-3629 or contact us online to learn more.