Commercial truck drivers work countless hours on the road driving under many different conditions. Sometimes, these conditions can be hazardous to others and cause serious, if not fatal, vehicle accidents on our local roads and highways.
If you have been injured by a commercial driver or involved in a fatal accident, please contact us immediately. Many truck drivers are operating on behalf of several different companies and entities, and each party may be liable for the injury. These commercial companies are typically insured with millions, and you deserve your fair compensation for the injuries and trauma endured.
Many commercial companies and their insurers will attempt to confuse you with commercial policies, regulations and jargon. DO NOT communicate with any representation on their behalf. We will communicate directly with their legal team through documented processes that cannot be ignored nor obfuscated.
“What should I do?” What to do after being in a truck accident
The first thing you should do is call 911 and notify emergency services. It is crucial that the police create a report including the details of the scene, the parties involved, and witness statements. Aside from the police report, if you’re able to document the details, you should keep your own set of extensive notes as well. And, as always, if you have access to a camera, take photos of EVERYTHING.
“Are truck accidents handled in the same way as car accidents?” How Truck Accidents Differ
One of the main things to know about truck accidents is that they are VERY different than typical car accidents. Drivers of these large freight trucks, tow vehicles, dump trucks and 18-wheelers make their salary by constantly driving on the road to transport goods. Because of their need to be on the road regularly, truck drivers often put themselves at risk as well as other drivers and passengers on the road.
Major differences when it comes to commercial truck accidents:
- Substantial Insurance Policies
- Higher Chance of Serious or Fatal Injuries
- Increased Medical Bills
- Higher Cost Property Damage
“Who is at fault for my truck accident?”
Truck accidents can be very traumatizing. You or a person that you care about could be seriously injured or even killed in these avoidable crashes. Most truck accidents happen at the negligence of the truck driver or truck company, but many parties can be responsible for the pain that you have gone through.
The driver, truck company, truck owner, truck or trailer lessor, company that loaded the shipment, and the manufacturer are all possible parties that could be responsible for the accident.
Type of Commercial Truck Accident Cases
Wrongful Death Lawsuit
In the sad and unfortunate case that the victim does not survive the injuries sustained during the accident, we work diligently with the family to ensure proper compensation is recovered for punitive, economic and non-economic damages.
Defective Product Liability Lawsuit
A faulty part or defective product has also been known to be the cause of minor to major truck accidents. If there was a defect in the truck or any of its parts, the product manufacturer may be responsible and can hold liability for the damage caused by the accident.
In order for a lawsuit to be justified as a “product liability” lawsuit, there will have to be evidence that the defect was undeniably and unreasonably dangerous, the truck was being operated as intended per the manufacturer’s intent, and the truck was in optimal condition.
Truck Driver or Company Negligence
The most common type of commercial truck lawsuits filed are negligence lawsuits. Some common signs of negligence are:
- Overloaded trucks
- Driving on roads too narrow for large trucks
- Blind spots
- Lack of experience or qualifications
- Failure to follow traffic laws
- Failure to take proper breaks and rest stops
- Truck parts in bad conditions
- Bad supervision
If there is evidence of the driver’s lack of road safety, any injuries sustained during commercial truck accidents will most likely result in a winning lawsuit. In some cases, truck company owners, managers, contractors, owners of the truck, and their insurance providers may be responsible and liable for the injury.
How Compensation is Calculated
There are two primary types of compensation for damage: economic and non-economic.
Economic damage compensation covers monetary costs and fees such as current and future medical expenses, lost wages, and loss of earning capacity.
Non-economic damage compensation is for losses such as pain and suffering, emotional trauma and loss of consortium.
Punitive damages can also be awarded during a suit if it is found that the defendant’s actions were willfully malicious or reckless.