Truck accidents can have devastating physical, emotional, and financial consequences. If you’ve been involved in an accident with a commercial vehicle, it’s important to understand your legal rights and options after such a traumatic event.
What to do immediately after a truck accident
The moments right after a collision can be disorienting and stressful. Taking the following steps is critical:
Call for emergency assistance
Dial 911 as soon as possible to request medical aid and notify authorities of the accident location. Emergency responders will provide first aid to all injured parties and block traffic to secure the scene.
Never admit fault at the scene
Shock and adrenaline can impact your memory and judgment. Avoid speculation about who was at fault. Simply state the facts to responders without opinion.
Collect witness information
If other motorists stopped to help, ask for their contact details in case they need to provide a statement later. Note the license plate numbers of any other vehicles involved or those of witnesses willing to cooperate.
Document the scene yourself
Use your phone to take photos of vehicle positions, any signs of damage or spilled cargo, traffic signs, and road conditions. Note the weather and time of day. These records establish an objective view of the scene as police collect their own evidence.
Seek medical attention immediately
Even if you feel ok after the accident, internal injuries or trauma may not be apparent. Seek an evaluation from a doctor as soon as possible, especially if you lose consciousness or experience pain, dizziness, blurred vision, or other concerning symptoms. Your health is the top priority.
Contact an attorney within the statute of limitations
Various legal deadlines apply depending on the jurisdiction, usually ranging from 1-3 years. Reach out to a truck accident lawyer as soon as you can to understand your rights and start building a case. Don’t wait until it’s too late.
How to choose a truck accident attorney
Not all personal injury attorneys have expertise in commercial vehicle litigation. When searching for legal representation, prioritize firms that specialize in trucking cases and positively reviewed ones in your local area. Consider the following factors:
Relevant experience
Ask potential lawyers exactly how many truck accident cases they have handled to a successful resolution. Trucking investigations involve technical knowledge of DOT regulations, vehicle inspection, accident reconstruction, and proving liability against big insurance companies. Seasoned experience makes a big difference.
Location and jurisdiction
The attorney should be licensed to practice law in your state since cases are heard in local courts when those laws are applied. A local presence streamlines the process versus out-of-town representation. They also know the nitty-gritty of how the local court system operates.
Track record and references
Inquire about past case outcomes and request contact info for former clients to get honest reviews of their experience working with the lawyer. Look for a strong history of successful large monetary settlements or jury trial wins against trucking firms in serious injury accidents.
Communication style
Explain your needs and expectations upfront regarding availability, responsiveness, and legal strategy. Make sure you feel heard and that your lawyer’s personality is a good personality fit. You’ll be working closely together through a long and emotionally taxing legal battle.
Fee structure
Reputable firms work on contingency and don’t require upfront payments, instead taking a portion (typically 33-40%) of monetary damages awarded. This avoids huge legal bills while still properly incentivizing an aggressive fight for justice. Avoid lawyers asking for large retainers or hourly rates.
Specialization
Beyond trucking law experience, some focus exclusively on plaintiff personal injury litigation, which means exclusively representing accident victims versus insurance companies. This undivided commitment to helping people rather than both sides yields top advocacy.
Weighing these factors helps find a truck accident attorney sincerely dedicated to your case and achieving the strongest possible outcome after such a traumatic event. Don’t forget to trust your gut instinct as well during the interview process.
How truck accident cases are litigated
If negotiation with the trucking company or their insurer does not result in fair compensation, your lawyer will pursue the matter in court. Here is a brief outline of the typical truck accident lawsuit process:
Evidence collection and investigation
Post-accident documentation gathered by you and your lawyer is supplemented by requesting documents such as the driver’s logs, vehicle inspection records, company policies and procedures from the defendant. Accident reconstruction experts may analyze the crash site as well.
Filing a lawsuit
A complaint is drafted listing your injuries, losses, and the specific negligent acts or DOT violations that caused the accident, then officially submitted to start a civil case. Defendants will respond, denying responsibility.
Discovery phase
Over the next 6-12 months, both sides gather more facts through depositions of witnesses, requests for admissions from opposing parties, and exchanging expert witness reports on liability and damages.
Mediation or settlement conference
If the case hasn’t been settled by now, a neutral third party may be brought in to facilitate discussion and potential resolution outside of trial.
Pre-trial motions
Any pending legal issues like evidence admissibility or liability definitions are addressed. The court will make rulings shaping what can be argued at trial.
Jury selection and trial
If settlement attempts fail, a trial may last 1-3 weeks where opening/closing statements are made, all evidence and testimony is presented to argue your case, then jurors deliberate to decide responsibility and damages owed.
Post-trial proceedings
An appeal process exists if either side disagrees with the verdict. Settlement is usually finalized at this point to avoid ongoing litigation fees and uncertainty.
This process allows thorough development and presentation of your claims, holding commercial motor carriers fully accountable through the civil court system for causing life-altering injuries. Your lawyer guides handling each step strategically.
Common injuries from truck accidents
Sadly, large commercial vehicles, by their very nature, can inflict catastrophic damage in collisions due to their massive size and weight. Some typical serious injuries suffered include:
Traumatic brain injuries
Even “minor” impacts from trucks carry enough force to cause concussions, contusions, hematomas, or shearing of brain tissue, which then triggers complications down the line.
Spinal cord injuries
Whether from flexion/extension strains on the neck and back during abrupt deceleration/whiplash or direct impact trauma, nerve damage in the spine often results in paralysis or chronic pain.
Broken bones
Crushing injuries commonly fracture ribs, pelvis bones, limbs, or the thoracic/lumbar vertebrae, sometimes penetrating organs and blood vessels as well, which introduces further harm from internal bleeding.
Soft tissue damage
Blunt force trauma strains and tears ligaments, muscles, and tendons. Injuries like ACL ruptures, herniated discs, or torn labrums may persist as debilitating sources of pain for life without surgery to correct them.
Vascular injuries
Collision forces capable of mangling bone and muscle regularly rupture arteries and damage veins, putting victims into hypovolemic shock from major hemorrhaging if prompt emergency intervention doesn’t occur.
Burns
Cargo involves potential fire/explosion hazards from igniting flammable materials, leaving burn survivors with disfigurements and requiring multiple grafting procedures or amputations.
Victims may spend weeks in intensive care fighting for their lives before years of painful rehabilitation even begin. Ongoing six-figure medical costs are unaffordable without insurance settlement money.
Factors influencing accident cause and liability
Proving a trucking company’s responsibility depends on evidence that their negligence or recklessness directly led to injuries. Key areas your attorney examines include:
Driver impairment
Toxicology screens check for alcohol/drug use impairing the safe operation of an 80,000-pound commercial vehicle in compliance with hours of service rules.
Vehicle defects
Inspection of brakes, tires, lighting, load securement, etc. seeks to uncover maintenance lapses endangering the public versus simply an unavoidable equipment failure.
Overloading
Weight and how cargo was balanced within legal limits impacts braking/handling. Going overweight compounds danger.
Hours of service violations
Fatigued drivers showing chronic logbook tampering or exceeding daily/weekly hour limits pose a public menace versus a one-time honest mistake.
Unsafe driving actions
Whether following too closely, changing lanes carelessly, driving distracted/drowsy, or driving in adverse conditions like heavy rain when extra caution is mandated, all factor into allegations of negligence over simple accidents that can indeed still happen despite every precaution.
Proving the specific breaches of duty that allowed or directly contributed to the injuries sustained in your wreck establishes liability for full monetary compensation and accountability.
Elements of damages recoverable
When liability is determined, your injuries and costs are quantified to calculate fair financial relief. Damages fall under these main categories:
Medical expenses
Past and projected future costs to treat all physical and psychological effects from the accident are totaled based on expert economic analyses and life care plans outlining treatment needs over the injured party’s lifetime.
Lost wages
If the accident resulted in an inability to work or reduced earning capacity, calculating lost income accounts for the wages and benefits already missed since the date of the crash as well as future losses factoring in work life expectancy, likely promotions or raises that would have been received but for the life-altering injuries. Vocational experts often assess these future impacts on employability and productivity.
Pain and suffering
No amount of money could ever undo the trauma of living with chronic daily pain, permanent disability, disfigurement, or other non-economic damages. The legal system attempts fair valuation so victims aren’t further harmed financially on top of the personal toll.
Loss of consortium
When marriages or significant family relationships are detrimentally impacted by the severe and long-term effects injuries have placed on an accident victim’s quality of life, compensation addresses this additional damage to spousal or parental claimants deprived of household services or intimacy.
Punitive damages
In rare cases where the defendant’s conduct was found not just negligent but willful, wanton, malicious, or recklessly endangering the public, courts may issue an award above actual damages as a penalty meant to discourage the repetition of such harmful actions. This usually requires very high standards of proof.
Property damage
Collision repairs, vehicle depreciation, or replacement are covered if a totaled personal vehicle was damaged or destroyed in the crash as well.
This multidimensional perspective aims to restore truck accident victims as whole as financially possible across all aspects harmed rather than reducing injuries to a single dollar figure alone. Competent counseling is provided throughout.