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Commercial trucks are a big presence on the roadway, in more ways than one.
These large trucks typically clock in anywhere from 20-30 times the weight of a passenger vehicle. And with more than 2.9 million big rigs registered to drive on American roads in 2020 alone, it’s not uncommon for a commercial truck accident to occur and cause serious injuries.
But if you or a loved one have been involved in a semi-truck accident, a personal injury lawyer may be able to help you build a strong case, and seek the compensation you deserve.
While there are a number of big trucks on the road, tractor trailers refer specifically to the commercial trucks with the cargo trailers attached. And tractor-trailer accidents are considered any case where these vehicles collide with another vehicle on the road.
They can happen when the larger vehicle loses control, collides with a car, or spills their cargo across the road, or when a smaller vehicle hits the semi-truck.
Driver fatigue, driving under the influence, or driver negligence on the part of the truck driver or other motorists on the road are some of the most common causes of truck accidents.
Unsafe road conditions can also be a factor, as well as bad weather. The trucking company can also have a hand in causing the accident, including by incorrectly loading cargo, failing to install certain safety measures on their large trucks, and not keeping proper driver logs.
Other causes of tractor trailer truck accidents could include negligence on behalf of the trucker, such as driving outside of their allowed hours of service. Still other truck accidents may be caused by preventable maintenance issues, such as tire blowouts.
If you or a loved one have been involved in a truck crash, you may be able to take legal action and seek compensation.
If you wish to pursue legal action against the truck driver or trucking company, you can file a personal injury claim.
Typically, the process includes gathering evidence, filing the claim, and negotiating with insurance companies and the legal representation of the other parties involved.
The process can be complicated and overwhelming, but an experienced truck accident lawyer will know the best way to proceed, and can help you get through these steps with ease.
Scheduling a free consultation with a personal injury attorney will let them get to know your situation and help you start building a case for fair compensation.
Most personal injury cases settle out of court, but sometimes, the trucking industry or insurance adjusters fail or refuse to reach an agreement with your truck accident lawyer.
In these cases, you can choose to file a lawsuit. Your legal team will call in their trial lawyers to bring your case before a judge and make their arguments on your behalf in open court.
Before you file a personal injury case, there are a few factors you may want to consider.
In order to file any type of legal claim in the wake of a semi-truck accident, you will need to prove negligence.
This legal principle is established by:
Some states also practice something called comparative negligence, which may affect the maximum compensation you can seek.
In these states, any negligence found on your part will be deducted from the total payout you’re able to legally pursue.
Aside from establishing negligence, your truck accident attorney will also have to identify a liable party or parties.
Liable parties can be any person or institution who contributed to the conditions that created the crash. In the case of an accident involving a large commercial vehicle, that could include:
Your attorney will use the police report filed at the accident scene to help determine liability. But a capable personal injury law firm will also have a team of experts who can help identify additional liable parties.
If the verdict is made in your favor, these parties will ultimately be responsible for paying any damages found in your truck accident case.
A number of additional state-by-state laws may impact your case, including:
Still, drivers in no-fault states may also seek compensation in cases of severe injury, where their medical costs exceed their PIP coverage limits.
Fault is a relatively fluid term in truck accident cases.
There are several tiers of severity when it comes to assigning fault, essentially describing how intentional the actions were leading up to the crash. These include:
The level of fault assigned to the liable party will most likely also determine the amount of damages you can pursue.
Damages are the different types of costs, both financial and emotional, suffered in a motor vehicle accident.
Medical expenses are one of the most common types of damages in commercial vehicle crashes. This includes any medical bills you may incur in the wake of the accident, such as:
Property damage is also relatively simple to calculate in car accidents and other vehicle crashes. This class of damages includes any costs related to:
If you sustained an injury in an accident with a commercial vehicle that caused you to miss work, you may be entitled to lost wages compensation.
This designation of damages accounts for any promotions or bonuses you could have earned during the period of your injury, on top of any salary you may have missed out on.
In cases where serious injuries prevent someone from returning to their previous job, lost wages damages can also cover costs of any future diminished earning capacity.
In the most tragic semi-truck accident cases, truck accident victims may seek compensation for wrongful death. This type of damage covers expenses related to:
Wrongful death also accounts for non-economic damages, such as the loss of emotional support.
Not all wages are directly tied to calculable numbers.
Many truck accident victims will also seek damages for “pain and suffering,” which are meant to compensate for any mental or physical anguish, disfigurement, or loss of the enjoyment of life suffered in the wake of the crash.
Unfortunately, colliding with a large truck at high speeds often leads to the need for medical attention.
Truck accident injuries can be small or severe, and include:
If you or a loved one have been injured in this type of collision, an experienced truck accident lawyer can help you build a strong case for compensation.
There are many different types of vehicle crashes involving trucks. Some of the most common causes of truck accidents include:
Semi-truck accidents are unfortunately relatively common in the United States.
Numbers compiled by the National Safety Council (NSC) found 4,842 large trucks involved in a fatal accident in 2020 alone. That number represented a 4% decrease from the previous year, but was still up 33% from 2011.
Further, the Insurance Institute for Highway Safety (IIHS) reported 4,014 deaths in motor vehicle accidents involving commercial vehicles in 2020, with 68% of those fatalities representing riders of passenger vehicles, and 16% representing pedestrians, bicyclists, or motorists.
The numbers were up 28% from 2009, which saw the lowest number of casualties in commercial truck accidents since statistics on these types of crashes have been taken.
Tractor-trailer accidents are a big topic, which can raise many questions.
If you or a loved one have been involved in a commercial vehicle accident, you may be entitled to seek compensation for any injury, trauma, or loss suffered as a result.
LegalFinders can help you schedule a free case evaluation with an experienced truck accident attorney, who can help you build a strong case and seek the fair compensation you deserve.
