- December 23, 2024
Commercial truck drivers who drink before getting in their rigs, talk on their phones while driving, or make the dangerous decision to get behind the wheel despite exhaustion put others at risk of getting into a serious truck wreck.
Like the other causes of truck accidents—such as speeding—these preventable accidents would not happen if the truck driver had made a responsible decision from the start.
A truck accident lawyer can help you with the critical steps after such an event. Personal injury laws help people take a stand against those who harmed them. However, taking on the full weight of a legal case against trucking companies may overwhelm an accident victim.
A lawyer bridges this gap and provides support and guidance to the injured, helping them to feel some sense of relief knowing a trained professional will take care of things for them.
Contact us online, and let us safeguard your rights and future.
What Are the Most Common Causes of Truck Accidents?
According to the Federal Motor Carrier Safety Administration (FMCSA), the most common causes of truck accidentsinclude distracted and fatigued driving as well as speeding.
Each of these activities hurts the truck driver's ability to make responsible and timely driving decisions, such as yielding the right of way to others on or near the road.
When a collision with a commercial truck hurts you, regardless of the cause, you may benefit from working with a seasoned lawyer who can take on the complex web of insurance claims and other red tape.
Even if you believe you are partly or entirely to blame, having legal assistance may benefit you tremendously. An attorney can identify and exercise your rights to minimize your liability and maximize your likelihood of receiving compensation for your losses.
Speeding
Truck drivers who drive too fast for conditions or exceed the posted limits create unreasonable dangers for themselves and others. The faster a truck travels, the less time and physical space it has to make and carry out driving decisions, which is especially dangerous given its larger stopping distance.
For example, if traffic suddenly slows on the highway, a speeding truck driver may not stop in time to avoid a catastrophiccollision.
Even if someone follows the posted limits, they may go too fast for road conditions, which poses a serious risk to others. For example, while 65 miles per hour may make sense on a clear or cloudy day, rain or ice may require driving much slower in an 80,000-pound truck.
Driving While Distracted
Despite the apparent and well-documented dangers of distracted driving, some truck drivers still give in to the temptation to engage in other tasks while behind the wheel.
For example, they might answer a text, read or write an email, adjust their GPS, or even watch videos when they should watch their surroundings.
Commercial drivers may also decide to eat food, adjust their seats, or handle paperwork while driving. These activities take the driver's attention from the task at hand—driving—and make it physically more challenging for them to, for example, grab onto the steering wheel if they need to.
Fatigued Driving
As FMCSA reports, driver fatigue is a leading cause of truck accidents. Despite hours-of-service regulations, many drivers push beyond their limits. As FMCSA explains, truckers who take the time to check the side effects of their medications and get plenty of rest before driving can prevent these crashes.
Sleepy or exhausted truck drivers pose a serious risk to those around them. Fatigue reduces their response time and makes it more likely that they will lose consciousness while driving.
These moments of unconsciousness prevent the driver from responding to changing road conditions, like a curve in the highway, and braking before colliding with objects or people.
What Truck Accidents Are Most Likely to Result in Deaths or Injuries?
As the FMCSA cautions, many types of truck crashes can cause death or severe injury to those involved. Of note, underride collisions and jackknife accidents are particularly dangerous and often result in fatalities.
After a crash with a commercial truck, get targeted and timely legal advice so you do not unknowingly sign away your rights or waive them.
Instead of trying to move through the process of claiming benefits or fighting against unfair charges against you, consider the potential advantages and relief of handing this over to a trained team of legal advocates.
Underride Collisions
Underride collisions occur when a smaller vehicle slides underneath a commercial truck's trailer. Because of the configuration of many of these incidents, the potential for injuries and death is extremely high.
These types of accidents often result in catastrophic injuries or fatalities due to the passenger compartment being crushed. Even with underride guards, these accidents remain one of the deadliest types of truck crashes.
Jackknife Accidents
Situations where a truck's trailer swings out at a 90-degree angle can cause extensive damage to multiple vehicles and their occupants. Even at relatively low speeds, these crashes may result in multi-vehicle pileups and extensive injuries.
These accidents often occur when truck drivers brake suddenly or drive too fast for conditions. The momentum of the heavy trailer can cause it to swing out, creating a deadly situation for surrounding vehicles.
Override Truck Wrecks
Override accidents occur when large trucks drive over smaller vehicles. The extreme weight difference between vehicles makes these collisions particularly devastating.
These collisions may occur in many contexts, such as when a truck driver fails to notice stopped traffic ahead. Additionally, situations where multiple vehicles have to stop and go in rapid succession—such as during rush-hour traffic—may create conditions for override accidents.
Multiple-Vehicle and Pedestrian Crashes
Accidents involving commercial trucks often affect multiple vehicles due to their size and weight.
Incidents involving pedestrians and non-motorists, such as those on bikes or skateboards, are particularly catastrophic when trucks are involved, as there is no protection against the massive force of a commercial vehicle.
Tired, distracted, or drunk truck drivers may not see and respond appropriately to non-motorists who attempt to cross the street, which increases the risk of these incidents.
What Should You Do After a Truck Crash?
An accident can cause physical, emotional, and financial injuries for days, months, and even years to come. While nothing can undo what you experienced, you can protect your physical health and your legal rights.
If you have questions or need help with the steps following a crash, you do not have to go through it alone. By partnering with a truck accident lawyer, you can rest easy knowing someone with extensive and battle-tested legal knowledge will guide and advocate for you.
Unlike the insurance company and at-fault motorist, your attorney will fight for your best interests at every stage of the case.
Contact the Police
The best practice is to contact law enforcement, assuming you did not already do so, and an attorney shortly after the incident to meet your reporting obligations.
Notify the Appropriate Insurance Company
After you notify the police, notify the applicable insurance company.
Depending on the circumstances of the crash, you may have to contact the agency that insured the vehicle you were in at the time of the incident. For example, if you drove your friend’s car, you may need to speak with their insurance company.
When talking to anyone on the insurance side of things, stick to the basic facts involved in what happened. The insurer will use anything that you say against you as part of their liabilitydetermination, which means they may deny the claim based on what you said.
Be straightforward about what happened, but never include any commentary or extra details that the insurance company may misconstrue later on.
Talk to an Experienced Truck Accident Lawyer
After communicating with the insurance company, contact a knowledgeable truck accident lawyer in your area. Regardless of what the insurer may tell you, their primary concern is limiting how much they pay out on claims rather than maximizing how much you receive in damages.
Because of this, you need someone in your corner who understands what is important to you and knows what success looks like to you.
A reputable attorney can also review any settlement offers you receive from the insurer or the other driver to assess whether to sign it or submit a counteroffer. Likewise, they can use their negotiation skills to guide settlement talks in a direction that is more likely to lead to a favorable outcome.
File a Lawsuit
While the hope is that the insurance company will always agree to a reasonable offer from the get-go, this does not always happen. When attempts to reach a fair resolution fail, you may file a lawsuit. In the courtroom, you may gain access to a broader range of damages.
When taking this step, you need to know the applicable filing deadlines in your state.
These court deadlines are separate from the ones that apply to your insurance policy. Even if you submit a claim to your insurer within a certain amount of time, it does not affect the timeframes required by the court. A truck wreck lawyer can explain what deadlines apply to you and how you can meet them.
Contact a Seasoned Truck Accident Attorney for Help After a Crash
A large truck accident can completely uproot your life, causing you to miss work, important family events, and opportunities to participate in hobbies you previously enjoyed.
Taking legal action against those responsible may allow you to reclaim your agency and access financial support to begin to rebuild.
Instead of taking on this burden by yourself, consider the benefits of working with a reputable personal injury attorney at Goodman Acker P.C.. They can call on their wealth of knowledge and experience to craft effective arguments to use during settlement discussions and the trial.
You do not have to go through this alone. Contact us today for your no-obligation consultation to discuss your options.
Contact us online, and let us safeguard your rights and future.