Large commercial trucks like tractor-trailers are integral components of our country’s economy, and tens of thousands of big trucks traverse our nation’s highways every day. However, due to their size, weight, and design and that they usually carry or pull heavy cargo commercial trucks are more prone to certain accidents than other vehicles. When big trucks cause accidents with smaller passenger cars, they can create utter devastation and severely injure or kill a car’s occupants.

If you suffered serious injuries or lost a loved one in any of the common types of truck accidents, consult an experienced truck accident lawyer as soon as possible to determine your options for pursuing compensation.

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Types of Truck Accidents

Some common types of truck accidents include:

• Rear-end collisions. Large commercial trucks need more time to stop than small vehicles, especially when they haul tons of cargo. When a truck fails to stop in time, it can strike the vehicle in front of it and cause a serious rear-end collision. The momentum and size of trucks can make these accidents particularly dangerous, causing significant damage and injuries.
• Jackknife accidents. Jackknifing happens when a truck’s trailer swings out to the side, forming an angle with the cab. This can occur due to sudden braking, poor road conditions, or improper load distribution. In jackknife accidents, the trailer can collide with cars across multiple highway lanes.
• Rollover accidents. Due to their high center of gravity, trucks can tip over when a truck takes a turn too sharply, encounters uneven terrain, or weight suddenly shifts. These accidents can cause extensive damage and serious injuries or fatalities.
• Underride accidents. An underride accident occurs when a smaller vehicle collides with the rear or side of a truck and ends up underneath it. The truck can crush the smaller vehicle or sheer off its roof, resulting in severe injuries or death.
• Wide turns. Trucks require more space to turn due to their size and length. When a truck driver fails to account for this and makes a wide turn, it can collide with vehicles in adjacent lanes or with pedestrians.
• Lost load accidents. Improperly secured cargo or cargo that shifts during transportation can lead to a lost load accident. Objects falling off trucks can cause accidents and injuries.
• Tire blowouts. Truck tire blowouts can occur due to overloading, improper tire maintenance, or road hazards. A blown-out tire can cause the driver to lose control of the truck, leading to accidents and collisions. Some trucking companies use retreaded tires to save money, but retreads have notoriously bad safety records. Along with causing a truck to lose control and crash, a blown tire can spew tire debris all over the road, which can strike other vehicles or cause vehicles to crash as they try to avoid the hazard.
• Blind spot accidents. Trucks have large blind spots, especially on the right side and behind the truck. If a truck driver fails to check their blind spots, the truck can collide with other vehicles when it changes lanes or turns.
• Brake failure accidents. A fully loaded semi can weigh up to 80,000 pounds, which puts a lot of wear and tear on its brakes. Brake failures injure or kill many people every year in truck accidents.
• T-bone accidents. T-bone accidents, also known as side-impact or broadside collisions, occur when the front of a truck strikes the side of another vehicle at a perpendicular angle. These accidents often happen at intersections when one party fails to yield the right of way.

Any truck accident can total other vehicles and seriously or fatally injure others.

Some possible parties who may bear responsibility for your truck accident injuries include:

• Truck driver. You may hold the truck driver liable if their negligent or reckless actions contributed to the accident. This can include violations of traffic laws, driving under the influence of alcohol or drugs, fatigue due to exceeding hours-of-service regulations, distracted driving, or any other form of driver negligence.
• Trucking company. The trucking company that employs the driver may bear responsibility for the actions of their employee. The company may bear liability if it failed to properly train or supervise the driver, neglected to conduct necessary background checks, or failed to enforce safety regulations.
• Truck owner. If a separate entity or individual from the trucking company owned the truck in the accident, you may hold that party liable if they failed to maintain the vehicle properly and mechanical failures or defects contributed to the accident.
• Freight or cargo loaders. If improperly loaded or unsecured cargo caused the accident, you may seek compensation from the individuals or company responsible for loading the truck. Improperly balanced or unsecured cargo can lead to loss of control, jackknifing, or cargo spills.
• Maintenance or repair contractors. If the accident resulted from inadequate truck maintenance or faulty repairs, you may hold the maintenance or repair contractors who worked on the truck liable for their negligence or substandard work.
• Vehicle or parts manufacturers. If a defect in the truck or its parts contributed to the accident, you may hold the manufacturer of the vehicle or specific components liable for producing a defective product.
• Government entities. In some cases, you can file a claim against the government entity responsible for road maintenance and safety if their negligence contributed to the accident, such as failing to repair road hazards or properly maintain traffic signs. You may also file a claim if a government-owned truck struck your vehicle. However, filing claims against a government entity involves cutting through red tape and meeting short deadlines. Contact an attorney immediately if you believe a government entity caused the truck accident.

Because of the parties involved and the complexities of the process, you need an attorney to establish liability and file a truck accident injury claim. A lawyer will have the resources to gather evidence that supports your case and improves your odds of a successful outcome.

What Compensation Can I Receive for My Truck Accident Injuries?

You shouldn’t bear the costs of your injuries and losses after a truck accident that you did not cause. You may obtain compensation from those responsible, but the amounts you receive will depend on the severity of your injuries, the degree of the other party’s negligence, and other factors.

Some common forms of compensation you can pursue for your truck accident injuries include:

• Medical expenses. You can obtain compensation for hospital bills, surgeries, medications, rehabilitation, physical therapy, assistive devices, and any other necessary medical treatments related to your injuries. You may also receive compensation for future medical expenses and disability accommodations.
• Lost income. If you had to miss work because of your injuries, you may receive compensation for the income, tips, bonuses, and other financial perks you received from working. This can include both current and future lost earnings if your injuries result in a long-term or permanent disability.
• Pain and suffering. You may obtain compensation for your ongoing pain and suffering. This can include physical pain, emotional distress, mental anguish, loss of enjoyment of life, and other non-economic damages.
• Property damage. If the truck accident damaged or destroyed your vehicle or other property, you could receive compensation to repair or replace the damaged items.
• Rehabilitation and disability. If your injuries result in long-term or permanent disabilities, you may recover compensation for rehabilitation services, home modifications, assistive devices, and other accommodations necessary for your daily living.

If the court finds the at-fault party’s actions that caused your injuries particularly egregious or reckless, the judge may award punitive damages. These damages punish the responsible party and deter similar behavior.

If you lost a close family member in a truck accident, you may pursue a wrongful death settlement. Compensation in such cases can include funeral expenses, loss of financial support, loss of companionship, and other damages.

Every truck accident case is unique, and you must have an attorney review your case to determine what compensation you can pursue. You need an assertive lawyer who offers a realistic opinion of how much compensation you will receive, and who will protect your rights and get the maximum amount possible.

Speak With an Experienced Truck Accident Attorney Today

You likely have many questions about how you can get the compensation you need after a truck accident. An experienced truck accident attorney can review your case for free and offer advice regarding your options and the best course of action.

Do not delay in contacting an attorney because you only have a limited time to file a claim and pursue compensation. For instance, Florida allows you only two years from the accident, and Washington state only allows three years to file a civil lawsuit.

Your truck accident attorney will need to gather a lot of evidence and documentation. You have no time to waste in contacting a personal injury attorney in Tampa and starting on your claim.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603

Phone: 813-725-5606

Most trucking companies pay commercial truck drivers by the number of miles they drive, so they have an incentive to keep driving no matter how tired they are. However, a drowsy truck driver can cause a horrendous accident that severely injures or kills other motorists and their passengers. In fact, truck driver fatigue is a leading cause of truck accidents.

If you suffered injuries or lost a loved one in a truck accident a fatigued truck driver caused, you may obtain compensation for your injuries and losses. Establishing liability and obtaining compensation from all at-fault parties requires completing complex and challenging processes in most truck accident claims, so you need to consult an experienced truck accident lawyer for help.

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What Makes Truck Driver Fatigue so Dangerous?

Truck driver fatigue poses significant dangers to both truck drivers and other road users. Fatigue can impair a driver’s ability to react quickly and make sound decisions, leading to an increased risk of accidents. Some industry experts claim that fatigued driving creates the same level of impairment as drunk or drugged driving.

Truck driver fatigue causes these common dangers:

• Increased likelihood of accidents. Fatigue slows down reaction time and impairs judgment, leading to an increased risk of accidents. A drowsy driver may fail to notice hazards, miss traffic signals, or make critical errors while operating a large commercial vehicle, resulting in severe collisions.
• Decreased alertness and concentration. Fatigue can cause a truck driver to become less attentive and focused on the road. It impairs their ability to maintain a steady speed, stay within designated lanes, and respond to changing traffic conditions promptly. This lack of concentration can lead to drifting into other lanes, rear-end collisions, or failure to respond to sudden obstacles.
• Impaired decision-making. Fatigue affects cognitive abilities and can impair a driver’s decision-making skills. This may lead to misjudging distances, underestimating the speed of other vehicles, or making risky maneuvers that increase the likelihood of accidents.
• Increased risk of falling asleep at the wheel. Driving without adequate rest can increase the chances of a truck driver falling asleep at the wheel. Falling asleep, even for a few seconds, can cause a catastrophe when operating a large, heavy vehicle at high speeds.
• Health issues and chronic fatigue. Long-haul truck drivers often face irregular schedules, extended hours of driving, and sleep disruptions. This can lead to chronic fatigue, sleep disorders, cardiovascular problems, obesity, and mental health disorders. These health concerns further contribute to driver fatigue and increase the risks on the road.
• Legal and financial consequences. If a fatigued truck driver causes an accident, it can result in significant legal and financial consequences. Trucking companies can face lawsuits, regulatory fines, increased insurance premiums, and damage to their reputation. Moreover, the drivers themselves may face legal liabilities and may lose their commercial driving licenses.

To address the dangers of truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) established regulations that limit driving hours and mandate sufficient rest periods. However, some truck drivers and trucking companies disregard the regulations.

Speak with a truck accident attorney, as they will have the resources to investigate the truck driver’s driving logs to determine if they violated any FMCSA hours of service requirements.

What Are Federal Regulations Regarding Truck Driving?

Truck driving regulations typically limit the hours a truck driver can drive within a specified time. These regulations prevent driver fatigue and promote road safety.

FMCSA’s regulations regarding truck driving include:

• Hours of Service (HOS). FMCSA establishes the hours of service regulations for truck drivers operating commercial motor vehicles (CMVs) in interstate commerce. The key provisions for property-carrying CMV drivers are:
  • 14-Hour Duty Limit: A driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 11-Hour Driving Limit: A driver cannot drive for more than 11 hours after 10 consecutive hours off duty.
  • 30-Minute Rest Break: A driver must take a minimum 30-minute break if more than eight hours have passed since their last off-duty or sleeper-berth period.
  • 60/70-Hour Duty Limit: A driver cannot drive after 60/70 hours on duty in seven/eight consecutive days. The driver must take a minimum of 34 consecutive hours off duty before starting a new seven/eight-day period.
  • Sleeper-Berth Provision: Drivers using a sleeper-berth to accumulate their required off-duty time must spend at least eight hours in the sleeper berth, plus a separate two hours either in the sleeper berth, off duty, or a combination of both.

Truck drivers and trucking companies must comply with these regulations to ensure driver safety and promote road safety. Non-compliance with these regulations can result in penalties, fines, and other legal consequences.

In addition to any administrative consequences, you can hold a truck driver or trucking company liable if a fatigued truck driver caused an accident that seriously injured you or a loved one.

Who Can I Hold Responsible for a Fatigued Truck Driver Accident?

Determining responsibility for a fatigued truck driver accident involves examining various factors and parties involved.

Some key stakeholders that may bear responsibility for your truck accident injuries include:

• Truck driver. The truck driver has a primary responsibility to ensure they are fit to drive and not fatigued. They must comply with hours of service regulations, take appropriate breaks, and prioritize sufficient rest and sleep. If a truck driver chooses to drive while fatigued or fails to adhere to safety protocols, they may bear partial or full responsibility for the accident.
• Trucking company/employer. The truck driver’s trucking company or employer has a duty to prioritize safety and implement policies and practices that prevent driver fatigue. They must establish reasonable schedules, ensure compliance with regulations, provide appropriate training, and address any concerns related to driver fatigue. If the trucking company neglects these responsibilities or encourages unsafe practices that contribute to driver fatigue, they may share liability for the accident.
• Shippers and receivers. In some cases, the parties responsible for loading and unloading the cargo, such as shippers and receivers, may contribute to driver fatigue. Delays at these locations can disrupt rest schedules, increase driving hours, and result in fatigue-related accidents. If your attorney can prove that the actions or negligence of these parties directly led to driver fatigue, you may hold them partially responsible.
• Maintenance and repair personnel. Adequate maintenance and repairs of trucks ensure safe operation. If mechanical failures or issues arise due to negligence in maintenance, it could contribute to an accident. In such cases, the maintenance and repair personnel or the company responsible for maintaining the truck may bear liability.
• Other involved parties. Depending on the circumstances, other parties may hold liability for the truck accident, such as government entities responsible for road maintenance or traffic control, manufacturers of faulty equipment, or drivers of other vehicles involved in the accident.

Determining responsibility in a fatigued truck driver accident will require your attorney to thoroughly investigate the accident and gather all necessary evidence. After establishing liability on the at-fault parties, your attorney can pursue appropriate legal action and fight for your rights and interests.

What Damages Can I Recover In a Truck Accident Claim?

In a truck accident case, you may recover damages.

Here are some common damages you may pursue in a truck accident claim:

• Economic damages. These damages compensate for the financial losses incurred in the accident. They include:
  • Medical expenses: Compensation for past, current, and future medical bills, including hospitalization, surgeries, medications, rehabilitation, therapy, and assistive devices.
  • Lost income: Compensation for income lost due to missed workdays or the inability to work while recovering from the accident.
  • Loss of earning capacity: If the accident resulted in long-term or permanent disabilities that reduce your ability to earn income, you may recover compensation for the loss of future earning capacity.
  • Property damage: Reimbursement for the repair or replacement of your vehicle or other personal property the accident damaged.
• Non-economic damages. These damages compensate for intangible losses that are more difficult to quantify in monetary terms. They include:
  • Pain and suffering: Compensation for physical pain, emotional distress, mental anguish, and the overall reduction of your quality of life.
  • Emotional distress: Compensation for psychological trauma, anxiety, depression, or other emotional hardships resulting from the accident.
  • Loss of consortium: If the accident resulted in the loss of companionship, support, or intimacy with a spouse or partner, they may seek compensation for these losses.
  • Loss of enjoyment of life: Compensation for the inability to participate in activities and enjoy life as you did before the accident due to injuries or disabilities.
• Punitive damages. In cases involving particularly reckless, intentional, or grossly negligent behavior, the court may award punitive damages to punish the defendant and deter similar misconduct. However, courts only award punitive damages at their own discretion, and they require a higher burden of proof.

Consult a personal injury attorney who focuses on truck accidents to evaluate your case, determine the types of damages you may seek, and guide you through the legal process of pursuing a claim or lawsuit. An attorney can provide specific advice based on the laws applicable in your jurisdiction and the details of your case.

You have a limited time to pursue compensation following a truck accident. For instance, Florida allows you only two years to file a lawsuit in court, and Washington state allows you three years. Therefore, you need to start as soon as possible and contact an attorney right away.

Contact an Experienced Truck Accident Attorney Today

A fully loaded semi can weigh up to 80,000 pounds, and when a truck driver is too tired to control their vehicle, disaster often results. If you sustained severe injuries or lost a close family member in a truck accident a fatigued truck driver caused, contact a personal injury attorney in Tampa today for a free review of your case and advice regarding your options.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603

Phone: 813-725-5606