A Truck Accident Lawyer: A Comprehensive Guide

Over seventy per cent of consumer goods in the U.S. are transported to their final destination by large trucks, resulting in a rapidly growing trucking industry. The trucking industry can be lucrative and a good source of income for drivers, but it has one of the highest fatality rates in the United States. Since 2009, there has been a 52% increase in truck accident fatalities.

Most truck accident fatalities involve passengers of other vehicles rather than truck drivers. 68% of all truck accident fatalities involve other vehicle occupants. Even more alarming, 74% of all accidents involving fatal injuries involve a large truck.

Contrary to popular belief, most truck accidents occur on major roads, not on highways or interstates. As a significantly smaller vehicle passenger, you must take precautions to protect yourself and your fellow passengers from collisions with large trucks. Even if you take all the necessary precautions, however, accidents can still occur.

Frequent Factors in Large Truck Accidents

As stated previously, large truck accidents are on the rise in the United States. Large trucks are still the most efficient means of transporting consumer goods across the nation. As product demand increases, particularly due to the pandemic, there are more and more trucks on the road.

When travelling on a road with large trucks, it is essential to remember that they cannot manoeuvre as quickly as a car and have significantly less visibility. Therefore, as a driver of a passenger vehicle, you must exercise heightened caution when travelling alongside large trucks. Despite your best efforts, you may still sustain injuries in a collision involving a large truck.

In 2007, the Federal Motor Carrier Safety Administration (FMSCA) conducted a comprehensive investigation into the causes of truck accidents. They categorised their findings into three categories: crucial events, crucial causes, and contributing factors.

Critical events are the conditions that rendered an accident inevitable. The FMSCA identified three significant critical events that led to vehicle collisions.

In 32% of the cases examined, the large truck drifted into the lane of another vehicle.
29% of accidents were caused by loss of control due to driving too fast for conditions, mechanical failure, shifting cargo, or poor road conditions.
22% of accidents involved rear-end collisions with another vehicle in the truck’s lane.

The critical causes of accidents involving large trucks refer to the immediate cause or failure that led to the accident. The study categorised the driver-related causes of the accident into four categories:

The first category, “non-performance,” refers to actions in which the driver was physically impaired and unable to respond properly. This category also includes falling asleep at the wheel or being incapacitated by another physical impairment, such as a seizure or heart attack. These actions were responsible for 12% of truck-related accidents.
The second category, “recognition,” refers to accidents caused by a distracted or careless driver. These behaviours contributed to 28% of accidents.
“Decision” is the third category and is responsible for 38% of all accidents. This refers to the fact that the driver made a poor choice or decision that led to the accident. This category includes speeding, driving too fast for the conditions, and following too closely.
The last category is “performance,” which refers to a driver who is panicked or unable to maintain good directional control. This category accounts for the lowest proportion of accidents at 9%.

In addition to these causes, the report identified hundreds of additional factors that influenced whether or not a collision would occur and how severe it would be. It is important to note that the associated factors include both the large truck driver and the vehicle driver, as not all large truck collisions are the fault of the semi-truck driver.The leading associated elements are:

Driver fatigue
Braking problems
Inattention, inadequate focus, or distraction
Substance abuse, including prescription drug abuse,
Driving too quickly or too quickly for conditions
Traffic gridlock
A prior collision (“rubbernecking”)
Lacking familiarity with the road
Roadway problems (construction, potholes, shifting lanes, etc.).
Not yielding where appropriate
Unlawful vehicle handling or maneuvering
How can an attorney for truck accidents help me after an accident?
After being injured in a collision involving a large truck, you may be wondering if you have grounds for a lawsuit. Frequently, the answer is “yes.” However, you will need an experienced truck accident attorney to lead your case and assist you in developing a successful legal strategy to recover compensation for all of your injuries, losses, and damages.

The most important thing a truck accident attorney can do for you is assist you in determining liability. If a truck driver loses control of their vehicle, everyone around them faces a high risk of injury due to the size and weight of their rig and their inability to manoeuvre it to safety quickly. Accidents involving large trucks may involve multiple liable parties, including the truck driver and his or her employer.

Proving Truck Driver Negligence

Your attorney’s primary responsibility will be to determine who is responsible for your accident and to actively pursue a settlement with the insurance company based on the case details you provide during your consultation.

Establishing negligence is a vital component of determining fault. To establish that the truck driver acted negligently, your attorney will collect evidence to demonstrate:

The driver of the large truck owed other motorists a duty of care. Truck drivers must take reasonable measures to avoid collisions.

The driver breached or failed to meet the established duty of care, and this action or inaction caused your accident.

Your attorney must finally establish a connection between the accident and your injuries. They must demonstrate that your injuries, losses, and damages are a direct result of the truck driver’s negligence.

Your attorney will establish fault in your truck accident case by proving negligence. However, the driver may not be solely responsible for the collision. In certain instances, your truck accident attorney will also sue the trucking company.

Claiming Trucking Firm Liability For Your Accident

In some cases and in some states, it may be difficult to determine who was at fault in a truck accident. You need an experienced truck accident attorney on your side in these situations. A common person may be unaware of shared liability in the event of an accident.

If you do not hold the trucking company liable in addition to the driver, you may miss out on a substantial settlement that could help you pay for outstanding damages and medical bills.

As stated previously, the trucking industry is expanding rapidly. Due to the pandemic, businesses are having trouble finding and retaining qualified drivers. This can result in inadequate hiring and training procedures, which can cause severe accidents.

If it is determined that the trucking company acted negligently in hiring and training, a skilled accident lawyer can help you build a case against the company. Among the most common methods for establishing partial or total company liability are establishing:

The company failed to obtain a background check that would have revealed a driver’s prior traffic violations and DUI or reckless driving convictions.

The employer did not provide adequate training and allowed the employee to operate a large truck without sufficient knowledge or experience.

The company’s lack of equipment maintenance resulted in mechanical failure.

There is a great deal of pressure on trucking companies to hire and retain drivers for jobs that require long hours away from their families. This can result in attrition due to burnout.

However, no staffing shortage is worth putting the lives of truck and passenger vehicle drivers at risk.

What type of compensation should I anticipate?

When a large truck is involved in an accident, the injuries can be severe. Some injuries may affect you for the remainder of your life. If this describes your situation, you are entitled to compensation to cover your current and future medical bills and expenses. However, that is not all. If you hire a personal injury attorney to represent you after a collision with a large truck, you can anticipate a settlement demand that includes:

Current and future medical costs associated with the accident-related injury. This includes your visit to the emergency room, surgical expenses, assistive devices, rehabilitation, and ongoing care.

Lost wages and diminished earning potential. You may be unemployed for an extended time frame. You are entitled to both the wages you lost and the wages you will lose in the future due to your injury.

Non-economic damages, such as physical and mental suffering. You are entitled to compensation for the pain you endured as a result of the accident. Not all discomfort is physical. If you develop depression, anxiety, or PTSD as a result of your accident, you are also entitled to compensation.

Finding an Attorney for Truck Accidents

If you have been injured in a collision involving a large truck, you may be tempted to represent yourself against the insurance company to save time and maximize your settlement. This, however, is not recommended. Multiple parties may be responsible for accidents involving large trucks, and you can be certain that the trucking company will retain legal counsel to protect its interests. You must keep in mind that a company will protect its bottom line above all else. You must have the same mentality.

After an accident, you should immediately contact emergency services and seek medical attention for any injuries you may have sustained. Contacting Ali Awad for a free case consultation should be your second step. The CEO Lawyer will inquire about your case and provide guidance on what you should do next to protect your interests and seek compensation for your injuries, losses, and damages.