Truck accidents are devastating and often leave victims in a state of physical and emotional distress. Multiple parties may be liable for the damages and injuries caused when semi-truck collisions occur. Experienced truck accident lawyers will determine liability by considering the truck driver’s negligence, the trucking company’s adherence to safety regulations, and the vehicle’s condition. Finding out who is liable for a truck accident is complicated, which is why you should seek legal guidance.
If you or a loved one was involved in a tractor-trailer accident, contact an experienced Manassas truck accident attorney near you. Legal professionals can provide the guidance and support needed during this difficult time and help ensure you receive the compensation you deserve from commercial motor vehicle insurers.
The Dangers and Types of Large Truck Accidents
Large truck accidents can result in catastrophic consequences due to these vehicles’ sheer size and weight. Common types of truck accidents include:
- Rear-End Collisions: Tractor-trailers take a lot of force to stop. When a truck fails to stop in time and crashes into the vehicle in front of it, these accidents can be particularly dangerous due to the impact force, often collapsing smaller cars.
- Jackknifing: This type of accident occurs when a truck’s trailer swings out to the side, resembling the motion of a folding knife. Jackknife accidents can lead to multi-vehicle collisions and extensive damage because the trailer cannot be controlled.
- Rollovers: Rollover accidents occur when a truck tips over onto its side or roof. Various factors, including excessive speed, improper cargo loading, or sharp turns, can cause rollover accidents.
- Underride Accidents: These occur when a passenger vehicle collides with the rear or side of a truck’s trailer and slides underneath, resulting in severe damage and often fatal crushing injuries.
- Wide Turns: Semi-trucks require a significant amount of space to make turns. In some cases, a truck may not see a vehicle in its blind spot and can collide with it during a turn.
Determining the type and cause of a large truck crash is the first step in identifying liable parties and pursuing a personal injury claim.
Serious Injuries Commonly Associated with Tractor-Trailer Crashes
Semi-truck accidents often result in serious and life-altering injuries for those involved. Some of the most common injuries associated with large truck collisions include:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Amputations
- Broken Bones
- Collapsed Lungs
- Third-Degree Burns
- Psychological Trauma
- Death
The seriousness of the injuries associated with commercial truck accidents highlights the importance of seeking legal representation to obtain needed compensation.
Calculating the Cost of Life-Altering Semi-Truck Accident Injuries
Negligent truck drivers can cause disabling injuries, which not only impact the victim’s physical well-being but also have significant financial implications. The lifetime cost of these injuries and associated losses generally determines the value of a personal injury claim, with most claims calculated based on medical expenses, lost earnings, and pain and suffering.
Medical Expenses & Lost Earnings
These economic damages include all current and future medical costs related to the accident, such as hospital stays, surgeries, medications, physical therapy, and assistive devices. If victims are unable to work due to their injuries, they may be entitled to compensation for lost earnings. Lost earnings not only include any earnings lost during recovery but also lost potential future earning capacity if the injuries have long-term or permanent effects. They might also include lost workplace benefits, bonuses, and commissions.
Pain and Suffering
These damages, also called non-economic damages, are available in personal injury cases such as truck accidents. They compensate you for the physical and emotional pain endured as a result of the accident, including ongoing physical pain, discomfort, and mental anguish. They also account for lost enjoyment of life, such as exercising. It’s important to keep detailed daily journals of your pain and losses, as these can increase the value of this award.
Calculating the cost of life-altering semi-truck accident injuries requires careful consideration and expert economic and medical evaluations. An experienced truck accident attorney can help gather the necessary evidence, accurately assess your damages, and demand fair settlements from insurers.
Parties Potentially Liable for Injuries Sustained in Truck Crashes
Determining liability in a truck accident case involves identifying the parties responsible for the accident and the injuries sustained. However, parties often share liability in these cases because the vehicles are corporately owned, and drivers are frequently employed by separate trucking companies. Parties that might be liable for your injuries include the following:
- Truck Driver: The truck driver may be held liable if his negligence or recklessness caused the accident. It can include actions such as distracted driving, speeding, or driving under the influence of drugs or alcohol.
- Truck Owner: The truck’s owner is generally liable for injuries caused by its vehicle. Owners may also be held responsible if they failed to maintain the vehicle properly, leading to mechanical malfunctions or defects that contributed to the accident.
- Truck Driver’s Employer: If the truck driver is employed by a company, the employer may be held liable for the actions of its employee. This is known as vicarious liability. These companies might also be liable for negligent hiring. A truck accident lawyer can request driving records to determine the validity of these claims.
- Another Driver: Jackknife and rollover accidents frequently cause multi-vehicle pileups. In such cases, you can hold other drivers liable for striking you in an attempt to avoid the crash.
- Mechanic: If the truck accident was caused by a mechanical failure that should have been identified and repaired by the truck’s mechanic, the mechanic or auto shop may be held liable for the resulting injuries.
Determining the parties responsible for a truck accident requires a thorough investigation and analysis of the facts surrounding the case. An experienced truck accident attorney can help gather evidence and build a strong case to establish liability.
Proving Negligence through FMCSA Violations
The Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations and guidelines that govern the operation of commercial motor vehicles, including trucks. When a tractor-trailer accident occurs, FMCSA violations can serve as evidence of negligence on the part of the truck driver or trucking company. Some common FMCSA violations that may contribute to a truck accident include:
Hours of Service (HOS) Violations
Truck drivers are required to take regular rest breaks and adhere to the maximum number of hours they can drive without resting. Violations of these regulations can lead to driver fatigue, impairing the driver’s ability to operate the vehicle safely. Lawyers can request these records to determine whether HOS violations contributed to the truck crash.
Improper Loading of Cargo
The way a truck is loaded and secured plays a significant role in its stability and maneuverability. If the cargo is improperly loaded, it can lead to accidents, especially during sudden stops or turns. Some rollover accidents result from improperly secured cargo.
Vehicle Maintenance
Regular maintenance and truck inspections are important for identifying and addressing potential mechanical issues. If a trucking company fails to maintain its vehicles properly, it can lead to mechanical failures and accidents.
Drug and Alcohol Use
FMCSA regulations and state laws prohibit truck drivers from operating a vehicle under the influence of drugs or alcohol. Testing positive for these substances can establish driver negligence.
Proving negligence through FMCSA violations requires a thorough understanding of the regulations and access to evidence that supports your claims. Experienced truck accident attorneys understand these regulations and can gather hourly logs and maintenance documentation to establish negligence.
Insurance Policies Available in 18-Wheeler Accident Cases
Trucking companies and commercial motor vehicle owners are required to carry insurance coverage to protect against accidents and injuries. Liability coverage for large trucks can range from $750,00 to $5,000,000, and this coverage is mandatory for all trucks operating on public roads. It provides coverage for bodily injury and property damage caused by the truck driver’s negligence.
In many cases, large trucking corporations will carry umbrella liability insurance policies. These policies serve as an additional layer of coverage above the primary commercial liability insurance policy. They provide extended protection in case the damages exceed primary policy liability limits. An experienced truck accident lawyer can review the relevant insurance policies and negotiate with the insurance companies to maximize available compensation for those injured by negligent truck drivers.
Negotiating Settlements with Commercial Motor Vehicle & Corporate Umbrella Insurers
Most truck accident injury claims are settled with liable insurers, but adjusters are always looking to deny coverage. Commercial insurance companies have teams of experienced adjusters and attorneys who will attempt to minimize their liability. An experienced truck accident attorney can level the playing field and ensure you receive a high-value settlement after a devastating tractor-trailer crash. Some key steps involved in negotiating settlements with these insurers include:
- Thorough Investigation: A lawyer will conduct a detailed investigation of the accident, gathering evidence, medical records, witness statements, and other relevant information to build a strong case.
- Accurate Evaluation of Damages: Medical and economic experts will assess the full extent of your injuries and damages, including medical expenses, lost earnings, pain and suffering, and future medical needs.
- Demand Package: Reputable truck accident attorneys will prepare a demand package outlining the details of your case, including the evidence of liability and the damages you have suffered. This package is presented to the insurance company as a negotiation tool.
- Negotiation: Legal counsel will then negotiate with the insurance company, advocating for your rights and interests. She will work to reach a fair settlement that adequately compensates you for your injuries and damages.
- Litigation: If a fair settlement cannot be reached through negotiation, the attorney may proceed with litigation and take your case to court. He will represent your interests, present your case to a judge and jury, and fight for the compensation you deserve.
Obtaining fair settlements from commercial motor vehicles and corporate umbrella insurers requires strong negotiation skills and in-depth knowledge of personal injury laws. Call an experienced truck accident lawyer near you to maximize your chances of receiving fair compensation.
Benefits of Retaining a Dedicated Personal Injury Attorney After a Large Truck Accident
Retaining an experienced truck accident lawyer after a tractor-trailer crash can significantly impact the outcome of your case. Some of the key advantages of hiring a truck accident lawyer include:
Subject Matter Knowledge
Personal injury lawyers focus their practice on handling cases related to accidents and injuries. They understand the complex laws and regulations surrounding truck crashes and can often litigate cases more effectively than general practice attorneys.
Investigation and Evidence Collection
Commercial vehicle collision cases take time to settle because plaintiffs bear the burden of proving their right to damages with admissible evidence. As such, motor vehicle accident law firms will conduct comprehensive investigations, gather evidence, interview witnesses, and reconstruct the accident scene.
Accurate Assessment of Damages
You’re likely entitled to more damages than you think after a serious large truck accident. A truck accident lawyer will assess the full extent of your injuries and damages, considering the immediate and long-term impact on your life. This evaluation ensures you’ll demand fair compensation covering all your losses.
Access to Experts
Obtaining compensation after 18-wheeler collisions often requires the help of accident reconstruction experts, medical professionals, and economists. Reputable truck accident lawyers have connections with these experts and can consult them to strengthen your case. These law firms might even cover the cost upfront, only obtaining reimbursement if you recover compensation for your injuries.
Discuss Your Truck Accident Claims with a Personal Injury Lawyer Near You
If you have suffered an injury in a truck accident, it is important to take immediate action to protect your rights and seek the compensation you deserve. Determining who is liable for a truck accident requires a thorough investigation and consideration of various factors, such as the driver’s negligence, FMCSA violations, and the involvement of third-party drivers.
Seek legal guidance from an experienced Manassas personal injury attorney immediately after a truck accident to ensure you receive the financial compensation you deserve. If you suffered an injury in a large truck accident, do not hesitate to contact an attorney near you.