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Commercial trucks, including tractor-trailers and big rigs, are extremely heavy. When drivers make improper lane changes, they may cause a single accident or series of collisions, leading to debilitating injuries.

If you recently suffered injuries in a truck collision, the experienced truck accident lawyers at Shunnarah Truck Accident Lawyers are ready to help. We will promptly begin an investigation into your accident circumstances, determine your legal options, and fight for your rights throughout the process.

For a free case evaluation and legal consultation with one of our knowledgeable truck accident attorneys, please call us at 866-455-3629 or contact us online for more information.

Injured In A Truck Accident?

Types of Truck Accidents That Result from Improper Lane Changes

Improper lane changes are a significant cause of truck accidents, often leading to severe consequences. These accidents typically occur when a truck driver moves from one lane to another without ensuring the move can be done safely. Several specific types of accidents result from such negligence:

A white semi-truck driving on a highway surrounded by green trees and hills.

Sideswipe Accidents — One common type of accident is the sideswipe. This happens when a truck changes lanes and hits the side of a vehicle traveling in the adjacent lane. Due to the truck’s size and weight, even a minor contact can push the smaller vehicle out of control, leading to serious crashes and injuries.
Run-off-road Collisions — Improper lane changes can force smaller vehicles off the road. When a truck encroaches into another lane without adequate space, drivers of smaller vehicles may have to swerve off the road to avoid a collision. This sudden maneuver can result in the vehicle hitting barriers, trees, or other roadside obstacles, causing significant harm.
Rear-end Collisions — When a truck abruptly changes lanes, vehicles behind it may not have enough time to react and stop, leading to rear-end collisions. Given the higher stopping distances required for trucks, the impact can be devastating, especially at high speeds.
Head-on Collisions— An improper lane change can sometimes push a vehicle into oncoming traffic, resulting in head-on collisions. These types of accidents are among the most dangerous and often lead to fatal injuries due to the combined force of both vehicles’ speeds.
Jackknife Accidents — If a truck changes lanes suddenly, it can cause the trailer to swing out to form an angle with the cab, known as jackknifing. This often occurs when the truck driver loses control during the lane change, causing the trailer to slide. A jackknifing truck can block multiple lanes of traffic, leading to multi-vehicle pileups.
Underride Accidents — Smaller vehicles can slide under the trailer of a truck during an improper lane change, particularly if the truck cuts them off abruptly. These accidents are particularly deadly, as the top of the smaller vehicle can be sheared off.

Injuries in Truck Accidents Due to Improper Lane Changes

Truck accidents resulting from improper lane changes can result in a variety of serious injuries, many of which can have long-lasting effects on the victims. Here are some of the most common injuries associated with these types of accidents:

Whiplash and Neck Injuries — When a truck sideswipes or rear-ends another vehicle during an improper lane change, the sudden impact can cause the occupants of the smaller vehicle to experience whiplash. This injury occurs when the neck jerks back and forth rapidly, leading to pain, stiffness, and sometimes more severe damage to the neck muscles and ligaments.
Spinal Cord Injuries — The force of a truck collision can cause significant trauma to the spinal cord. These injuries can range from herniated discs to complete spinal cord damage, potentially resulting in partial or total paralysis. Victims of spinal cord injuries often face lifelong challenges and may require extensive medical treatment and rehabilitation.
Traumatic Brain Injuries (TBIs) — Improper lane changes can lead to crashes that cause occupants of smaller vehicles to hit their heads against hard surfaces. TBIs can range from concussions to severe brain damage, affecting cognitive function, memory, and personality. These injuries often require long-term medical care and can have a profound effect on the victim’s quality of life.
Broken Bones and Fractures — The sheer force of a truck hitting a smaller vehicle can cause occupants to suffer broken bones and fractures. Commonly affected areas include the arms, legs, pelvis, and ribs. These injuries can be extremely painful and may require surgeries, casts, and physical therapy for recovery.
Cuts and Lacerations — Broken glass, twisted metal, and other debris from a truck accident can cause deep cuts and lacerations. These injuries can lead to significant blood loss and often require stitches or surgical intervention to heal properly.

In addition to these physical injuries, victims of truck accidents can suffer from psychological trauma. This can include post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional repercussions of being involved in a serious accident can be as debilitating as physical injuries and often require professional mental health support.

Proving That a Truck Driver’s Improper Lane Change Caused Your Accident

Proving that a truck driver’s improper lane change caused your accident requires gathering and presenting evidence demonstrating that the driver’s negligence directly led to the crash.

Elements of Proof

Duty of Care — First, you must show that the truck driver had a duty of care to operate the vehicle safely and follow traffic laws. All drivers, including truck drivers, are obligated to drive in a manner that ensures the safety of others on the road.
Breach of Duty — Next, you must prove that the truck driver breached this duty of care by making an improper lane change. Evidence of a breach can include actions such as changing lanes without signaling, failing to check blind spots, or switching lanes recklessly in heavy traffic. Traffic camera footage, dashcam videos, or eyewitness testimonies can be vital in showing this breach.
Causation — It is essential to establish a direct link between the truck driver’s improper lane change and the accident. This shows that the accident would not have occurred if the truck driver had not made the improper lane change. Accident reconstruction experts can help illustrate how the improper lane change caused the collision. Furthermore, police reports can provide an official account of how the accident happened, supporting your claim.
Damages — Finally, you must demonstrate that the accident resulted in actual damages. This includes physical injuries, property damage, medical expenses, lost income, and pain and suffering. Medical records, repair bills, and employment records can help to substantiate the extent of your damages.

Gathering Evidence

Police Reports — A police report is often a key piece of evidence. It typically includes the officer’s assessment of the accident, statements from involved parties and witnesses, and any citations issued that can indicate fault.
Eyewitness Testimony — Witnesses who saw the accident can provide valuable third-party accounts that support your version of events.
Photographs and Videos — Pictures and videos from the accident scene can show the position of vehicles, road conditions, and any visible injuries or damages, thereby helping to reconstruct the incident.
Expert Testimony — Accident reconstruction experts can analyze the crash and provide a professional opinion on how the truck driver’s actions led to the accident.

By systematically gathering and presenting this evidence, you can build a strong case showing that the truck driver’s improper lane change directly caused your accident and the resulting damages. This is crucial for securing compensation for your injuries and losses.

Recovering Damages in a Truck Accident Case Involving an Improper Lane Change

When you are involved in a truck accident due to an improper lane change, you may be entitled to recover various types of damages. These damages are meant to compensate you for the losses and suffering resulting from the accident. Here are the main categories of damages you may recover:

A truck driver's view from inside the cabin, approaching a road construction zone with traffic cones and a warning sign ahead

Medical Expenses — One of the most immediate concerns after an accident is the cost of medical treatment. This includes emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, and any other medical care you need because of the accident. You can also claim future medical expenses if you require ongoing treatment or long-term care.
Lost Wages — If your injuries prevent you from working, you can seek compensation for your lost earnings. This covers the income you would have earned during the time you are unable to work. If your injuries are severe and affect your ability to work in the future, you may also be entitled to receive compensation for lost earning capacity.
Pain and Suffering — These damages compensate you for accident-related physical pain, inconvenience, and emotional distress. This can include chronic pain, anxiety, depression, and other mental health issues resulting from the trauma of the accident. The amount awarded for pain and suffering can vary greatly depending on the severity of your injuries and their effect on your life.
Property Damage — You can recover the costs to repair or replace your vehicle and any other personal property damaged in the accident. This includes the vehicle itself and any belongings inside the vehicle at the time of the crash.
Loss of Consortium — If the accident affects your relationship with your spouse, you may be entitled to damages for loss of consortium. This refers to the loss of companionship, affection, and support that can result from serious injuries.
Punitive Damages — In some cases, you may receive punitive damages. These are not intended to compensate you for a specific loss but to punish the truck driver or trucking company for particularly reckless or egregious behavior.
Out-of-pocket Losses — You can also recover any additional expenses you incur because of the accident. This can include transportation costs for medical appointments, home modifications if you have a disability, and hiring help for household tasks you can no longer perform.

Settling or Litigating a Truck Accident Case

Settling or litigating a truck accident case where a truck driver made an improper lane change involves several key steps. Understanding this process can help you navigate the complexities and ensure that you receive fair compensation.

Settling a Truck Accident Case

Investigation — At Shunnarah Truck Accident Lawyers, we will conduct a thorough investigation. This includes collecting evidence such as police reports, eyewitness statements, photographs of the accident scene, and medical records. We may also hire accident reconstruction experts to analyze the crash.
Filing a Claim — Once we have gathered sufficient evidence, we will file a claim with the trucking company’s insurance provider. This claim outlines your injuries, damages, and the amount of compensation you are seeking.
Negotiations — The insurance company will review your claim and may make a settlement offer. We will negotiate with the insurer to reach a fair settlement. This process involves back-and-forth discussions, and it may take some time to agree on an amount that adequately covers your damages.
Settlement Agreement — If both parties agree on a settlement amount, you will sign a settlement agreement. This document states that you will not pursue any further legal action in exchange for the agreed-upon compensation. Once signed, you receive the settlement money, and the case is closed.

Litigating a Truck Accident Case

Filing a Lawsuit — If we cannot reach a fair settlement with the insurance company, we can file a lawsuit in the court system against the truck driver and the trucking company. This formalizes the legal dispute and sets the stage for court proceedings.
Discovery Phase — During discovery, both parties exchange information and evidence related to the case. This can include depositions, interrogatories, and requests for documents. The goal is to gather all relevant facts to build a strong case.
Pre-trial Motions and Hearings — Before the trial, there may be several pre-trial motions and hearings. Truck accident attorneys use these to resolve procedural issues and determine what evidence will be admissible in court.
Trial — If the case goes to trial, both sides present their arguments, evidence, and witness testimonies to a judge or jury. The judge or jury then decides whether the truck driver was at fault and, if so, how much compensation you will receive.
Verdict and Compensation — If you win the case, the court will award you compensation. The trucking company or their insurer will then be required to pay the amount the court decided.

Navigating the legal process can be challenging on your own, but our skilled legal team can effectively seek justice and fair compensation for your losses.