Accidents involving trucks may result in injuries and trauma that are quite severe due to their size and weight. Because of this, you need to locate one of the top truck accident attorneys you can get to represent you and assist you to receive the most in a settlement or at trial if you want to maximize your compensation after a truck accident. Having someone on your side not only increases the likelihood that you will get the greatest compensation for your case, but it also makes it far less likely that you will experience the stress and irritation that come along with conducting the case on your own. The vast majority of people who die as a result of being a passenger in another vehicle that was involved in an accident with a truck are not the truck’s drivers. It is estimated that passengers in other vehicles account for 68% of all deaths that occur as a result of truck accidents. To make matters even worse, heavy trucks are involved in 74% of all traffic accidents that result in fatal injuries.
Contrary to what you would believe, the majority of truck accidents do not take place on highways or interstates but rather on main roads. To protect yourself and the other people in your car in the event of a collision with a huge truck, you need to be a passenger in a much smaller vehicle. But unfortunately, even if you do everything perfectly and follow all of the necessary safety measures, accidents may still take place.
Truck vs. Car Accidents
Incidents involving commercial trucks are distinct from accidents involving other vehicles in a number of ways, as is to be expected. In addition to the fact that you are dealing with a bigger vehicle — an 18-wheeler may weigh up to 80,000 pounds on average, which is 20 times the weight of a passenger car — the drivers are required to comply with federal requirements when a normal driver does not have to do so. However, many truck drivers choose to disobey this limitation in order to meet deadlines or get financial incentives from the trucking industry. As an example, truck drivers are not permitted to travel for more than 11 hours after taking 10 consecutive hours off duty.
Other explanations include the following, which differentiate incidents involving trucks from accidents involving other vehicles:
Accountability may be assigned to more than one party: In a typical car accident, the responsible party for the accident might be any of the drivers involved. However, in the event of a collision involving a truck, other parties than the driver may be implicated. These parties may include the trucking company, the manufacturer of the vehicle, and the business that was responsible for loading the vehicle.
Insurance coverage for tractor trailers is often more expensive: Insurance for trucks is often more costly than insurance for other types of vehicles. This suggests that insurance adjusters would do all in their power to cast responsibility on the vehicle driver in order to avoid having to pay out a significant compensation.
The following wounds are considered to be more severe: When it comes to automobile accidents, the severity of the injuries often corresponds to the size of the vehicle involved. This leads to substantial financial burdens for medical care, life-altering injuries, and even death in certain cases.
Truck accidents have the potential to be deadly. Because of this, it is very important to speak with a commercial truck accident lawyer that has the experience, knowledge, and track record necessary to protect your claim and fight for your rights.
Common Causes of Large Truck Accidents
According to the findings of the investigation, there was a multitude of interconnected aspects that had a role in determining the likelihood of a collision as well as the degree to which it would be catastrophic. It is essential to take into consideration the fact that the linked elements pertain to both the driver of the huge truck and the driver of the car, as it is not always the case that the semi-truck driver is to blame for accidents involving large trucks.
The most important contributing elements are as follows:
- Driver fatigue
- Braking troubles
- Distraction, inattention, or a low level of attention
- Abuse of drugs and alcohol, including medication prescribed by a doctor
- Excessive speeding or speeding that is inappropriate given the circumstances
- Congestion caused by traffic
- A prior collision (sometimes known as “rubbernecking”)
- Due to a lack of familiarity with the route,
- Problems with the roads (construction, potholes, shifting lanes, etc.).
- a failure to cede in suitable situations
- Inappropriate control or movement of the vehicle in violation of the law
What Can a Lawyer Specialized in Truck Accidents Do for Me?
After being injured in an accident with a huge truck, you may be wondering whether or not you have legal grounds to file a lawsuit against the truck’s driver. The answer is “yes” in a good deal of instances. However, you should hire an experienced truck accident attorney to take the lead on your case and assist you in developing a successful legal strategy to recover compensation for all of your injuries, losses, and damages. This is the only way to ensure that you get the best possible outcome for your case.
Helping you decide who is responsible for the truck accident that you were involved in is the single most essential thing that a truck accident attorney can do for you. In the event that a truck driver loses control of their vehicle, they place everyone around them in great danger of harm due to the size, weight, and impossibility of the truck to be rapidly maneuvered to a safer location. Accidents involving large trucks can involve numerous parties, including not just the truck driver but also the firm that employs the truck driver.
Why You Should Hire a Truck Accident Lawyer
Trucks and the companies that own them are far larger than you are
The weight of an 18-wheeler truck is about 20 times that of a vehicle. It is considerably more likely that you will sustain severe injuries in a collision that involves a vehicle and a truck than it is that you would get such injuries in a collision that just involves automobiles.
If you want to file a lawsuit against the trucking firm that hired the driver who struck your vehicle, you will need the assistance of an experienced legal representative. Trucking firms have enough money to pay you for your injuries, but in addition, they have a sizable budget to spend on legal counsel so that they do not have to reimburse anybody. In a matter involving personal injury, you are in a position of true disadvantage if you do not have a lawyer to represent you.
It’s possible that the insurance company won’t provide you with sufficient compensation
In the area of personal injury litigation, “do not sign” has almost become a cliche. It’s possible that you’ve even seen this phrase used by personal injury attorneys in television advertising, but what exactly does it mean? After an accident, insurance companies will collect information from the drivers involved, as well as analyze the police report and any other evidence that may be present. After determining who was at blame and how much the other party ought to be rewarded, they will give you a letter in which they will offer you compensation in the amount that they consider to be reasonable. If you accept the offer and sign the accompanying letter, you will waive your right to sue the company over the accident. Before you sign any paperwork related to the accident, you should discuss the matter with a truck accident attorney, even if the sum offered by the insurance company appears reasonable. Because it might take some time for injuries to become apparent, you shouldn’t settle your claim until you have a complete understanding of the entire degree of your injuries.
You will not be in a position where you have to worry about saying the incorrect thing
When an accident causes expensive damages, you can receive many calls from insurance companies requesting you for further information. These calls often come after the event has occurred. This might be frustrating because you fear that anything you say will give the insurance adjusters the impression that you were at blame for the accident. In point of fact, a skilled adjuster will manipulate you into saying the incorrect thing on purpose even while you are unaware of what just took place. If you are also attempting to cope with major injuries and the financial losses that come along with them, it adds an additional layer of stress to the situation. If you have already decided to hire an attorney to represent you in the litigation arising from the truck accident, then you should simply inform anybody who calls that they should contact your attorney instead. Even before the outcome of your case is decided, a truck accident lawyer can provide you the with peace of mind you need. Your troubles become our problems.
It’s Possible That This Is Not Just the Truck Driver Making a Mistake There Might Be More to the Story
You have the legal right to seek compensation from any person whose carelessness contributed to the accident that resulted in your injuries if you were harmed in the state of Missouri. You have an obligation to demonstrate that the person in question had a duty of care to avoid putting other individuals in risk and that they violated that duty of care by bringing about situations that were hazardous. For instance, the trucking company may have violated their duty of care by failing to provide the truck driver with the appropriate training, by allowing the driver to work longer shifts than are permitted by both federal and state law, or by failing to conduct a background check that would have revealed a history of unsafe driving or recent substance abuse. All of these actions are examples of how the trucking company may have breached their duty of care.
Even while the trucking firm is the most likely suspect, it is important to note that it is not the only one. The phrase “product liability” refers to the potential for a manufacturer to be held accountable for damages in the event that a truck’s component failed to work properly due to a fault in the manufacturing process. (If it failed to work properly due to poor maintenance, then the trucking company is to blame; it is the obligation of the trucking business to examine and maintain its vehicles.) If the vehicle was overloaded or loaded unevenly, the loading business might be held responsible for the damages. In legal parlance, this is referred to as “premises responsibility,” and it means that the city might be held accountable if there were hazardous circumstances on the road that could have been avoided. Some people who have been wounded choose to pursue lawsuits against many defendants in relation to the same accident.
You may be able to recoup non-economic losses with the assistance of a personal injury lawyer after a truck accident
There is a possibility that the insurance company may make you a settlement offer that is sufficiently large to compensate for all of the medical expenses that are linked with the accident. Even if they do, you should not sign the document. Even if your medical expenditures total hundreds of thousands of dollars, the accident has caused you to suffer a lot more than just financial loss, and this loss is considerably more extensive than simply medical expenses. You may be able to collect damages for the money you lost while you were unable to work as a result of the truck accident if you file a case against the party or parties responsible for the accident. If you are still unable to work by the time your lawsuit is settled or taken to trial, you may be eligible for further compensation for future lost income. If the accident rendered you permanently injured and unable to perform the duties of your prior profession, you will be able to use this money to retrain for a new career or even to maintain your family without having to work.
Just the financial losses are included in that total. Plaintiffs in personal injury lawsuits can also be awarded non-economic damages for pain and suffering, emotional distress, or loss of companionship (in cases where the plaintiff’s close family member died or was seriously injured in the accident). These types of damages can be awarded in cases where the plaintiff’s close family member died or was seriously injured in an accident. Because there is no limit on the amount of non-economic damages that may be awarded in Missouri, it is up to the jury to determine how much money should be awarded. We often urge jurors to award more money for non-economic damages rather than money for economic losses. depending on the extent to which the accident altered the course of your life in ways that were not related to finances.
Who is held liable for trucking accidents?
When trying to figure out who is at fault for the truck accident that you were in, it would be beneficial for you to explore a more diverse spectrum of possible defendants.
1. The person operating the vehicle
The driver of the truck is the one who should be held accountable for the accident the moment it occurs since he or she may have behaved in a way that led to the accident by breaking certain driving standards, which may have been a possibility.
2. The business that is the owner of the vehicle
If the driver of the vehicle works for a trucking company, that company might be held liable for the accident. They are in responsible of documenting and monitoring information pertaining to the truck driver, which may include arranging rest periods, doing background checks, and other information that is pertinent.
3. Third Parties
The commercial trucking firms hire a middleman to find drivers on their behalf and then create introductions between the drivers and the commercial trucking companies so that the drivers may carry freight for the commercial trucking companies. Therefore, if the accident that you were involved in was a truck accident while you were riding in a vehicle rented by the middlemen, your truck accident attorney would need to be informed of whether or not they carried out the necessary diligent investigation into the driver before recruiting, as well as how much they were responsible for scheduling driving shifts, routes, and all the related information. In addition, your truck accident attorney would need to be informed of whether or not they were in control of all the related information.
4. The company that manufactured the vehicle
You may be able to hold the business that constructed the vehicle responsible for the truck accident if the accident was caused by a malfunction of the truck itself or another fault affecting one of its components. In addition, if the corporation that owns the truck or an individual truck driver neglected to get the vehicle serviced and repaired on a regular basis, they might be held liable for a faulty item in the truck (s). Accidents involving large trucks may be complicated, and you will want to know which of the probable defendants who were listed and described above should take the responsibility.
The drivers of the trucks, their employers, and truck drivers themselves, as well as the intermediaries stated before, are all responsible for carrying insurance coverage. This suggests that you may be eligible to receive compensation from more than one source. To maximize the amount of compensation you get for the injuries you received in the truck accident, it is imperative that you retain the services of an experienced attorney.
Establishment of Truck Driver Negligence
It is essential to have evidence in order to prove that the truck driver, as well as any other individual sued in connection with a truck accident, is accountable for the accident.
This evidence is what will make it possible for our truck accident lawyers to show the criteria required to demonstrate that the defendants behaved in a negligent way, thus leading to the accident in which you were hurt, and that this negligence was the cause of your injuries.
The following are some of the criteria that must be shown in order to demonstrate that the defendants were negligent:
1. That there was an existing responsibility imposed upon the defendant to ensure that the trucks were safe and did not represent any hazard to other users of the road including yourself and that this duty was still in effect.
2. That notwithstanding this obligation, the defendants ignored it by not taking the required preventive steps in order to protect other people who were using the road from becoming hurt.
3. That because of such a disregard for this obligation to other road users, an automobile accident occurred, and as a consequence, you received injuries and damages as a result of the accident.
The following are some of the ways that you may use to establish all of these requirements in court:
1. Evidence indicating that the truck’s load was too heavy at the time of the collision
2. That the driver was under the influence of alcohol when operating the vehicle
3. That the driver of the truck went through an intersection while there was a red light on
4. That the vehicle was only kept in good shape and maintenance
5. That the driver of the vehicle had been on the road for nearly ten continuous hours prior to the collision with no stops for food or rest.
6. Accidentally driving in the wrong lane of the highway
In essence, traffic safety rules place the responsibility for the duty on the driver as well as the owner of the vehicle. You may utilize the fact that the driver of the truck was in breach of some requirement of the law to demonstrate that the driver neglected their responsibility to guarantee the safety of other people who use the road, even if the driver broke just one of these regulations.
After demonstrating that the defendants were under some responsibility to avoid creating a danger to other people who were using the road and that the defendants ignored this duty, the next step is to demonstrate that you were injured and that you incurred losses as a result of the defendants’ actions. Injuries in this case refer to injuries that were incurred during the accident, while losses refer to expenditures that were utilized after the event, such as spending on medical bills, the repair of your motor vehicle, and lost income for the length of time when you were unable to work, etc.
When a manufacturer is being sued for producing a faulty vehicle, the same criteria for negligence described above will also need to be shown in order to establish that the manufacturer was negligent.
It is not necessary for you to worry about deciphering all of this legal mumble jumble since the truck accident lawyers that you select will be in charge of doing so. But they need proof in order to accomplish it. For instance, photographs or videos taken at the site of the truck accident may be able to demonstrate that the driver was operating the vehicle in a negligent or reckless manner, which is how it came to collide with you or your automobile. The documents from your doctor’s treatment, together with photographs of your wounds, will demonstrate the damage that you have received. The amounts that you spend on medical bills will be reflected on some of your bank statements as well as the receipts that you received from the hospital. Evidence is the key to winning your argument, which brings us to the next point.