Trucking companies are liable for truck accidents when they or their drivers break safety rules or act carelessly. These companies have strong legal teams and often deny responsibility, which makes proving this liability tough.

Working with a knowledgeable and experienced truck accident lawyer is the best way to get the compensation you deserve after a truck accident that injured you.

Request A Free Consultation Today!

Understanding Vicarious Liability in Truck Accidents

Vicarious liability is a legal principle that holds one party responsible for the actions of another. Specifically, employers can face liability for their employee’s wrongful acts if an employee commits those acts while doing their job.

Even if the employer did not cause the harm directly, the law can still hold them accountable for the actions of their employees during work hours.

This principle plays a key role in many truck accident cases. It allows individuals who suffer harm due to a truck driver’s actions to seek compensation directly from the trucking company that employed the driver. This is because the law sees the driver’s actions as part of the company’s operations.

Trucking companies must follow strict rules regarding hiring skilled drivers, keeping trucks safe, and ensuring drivers do not work too many hours without rest.

If they don’t follow these rules and an accident happens as a result, the company could be at fault. For example, a company could be liable if it knew a truck needed repairs but ignored the situation, and then the truck’s malfunction caused a wreck.

What if the Truck Driver Is an Independent Contractor?

Vicarious liability usually applies when a truck driver is an employee of a trucking company and gets into an accident while performing job-related duties. However, the situation changes if a truck driver is an independent contractor.

Trucking companies often hire independent contractors to fill vacancies without having to provide regular hours or benefits. In these cases, the company does not have the same control over the contractor as it would over an employee. Because of this different relationship, holding a company liable for the actions of an independent contractor is more challenging.

To determine whether vicarious liability applies, courts look at how much control the company has over the contractor. If the company sets specific routes or work hours or closely supervises the contractor, the courts might consider the contractor more like an employee. In such instances, vicarious liability could still apply.

The key question is whether the independent contractor was acting in a way that made them seem like they were representing the company. If the answer is yes, and they cause an accident, the company might be liable.

A skilled truck accident lawyer can investigate the collision’s circumstances and the driver’s employment status to determine whether vicarious liability applies.

Other Scenarios When the Trucking Company Might Be Liable

In some cases, the trucking company might be directly liable, in addition to or instead of the truck driver. For instance, a trucking company could be responsible for a truck accident in scenarios involving the following issues:

Poor Truck Maintenance

A trucking company could be directly liable for a truck accident if it does not keep its trucks in good working order. Trucks are complex vehicles that require regular checks and repairs to be safe on the road. If a company skips these checks or ignores problems, it could lead to preventable truck accidents.

For instance, if a tire blows out because it is old and the company wouldn’t replace it, the company could be at fault for crashes resulting from the blowout. It is the company’s job to replace tires before they become too risky to use.

The same goes for lights, steering and braking parts, and other important truck parts. If these parts fail and cause an accident, the law holds the trucking company responsible for not maintaining its trucks properly.

Improper Loading

A trucking company could also be liable for a truck accident if it loads cargo into or onto a truck incorrectly. Proper loading is essential because cargo that moves or falls off a truck can cause serious accidents. For example, if workers put too much weight on one side, a truck could tip over or spill loose cargo when it turns.

Companies must also ensure proper securement of truck cargo. If cargo shifts or falls off the truck, it could strike other vehicles or cause secondary collisions. If a company loads a truck too heavily or stacks items in a way that allows them to fall easily, it could be responsible for any crashes that result.

This responsibility extends to properly training workers and teams that handle and load cargo. If truck drivers handle cargo loading and unloading in addition to driving, they need training, too. Accidents are much more likely when trucking companies fail to appropriately instruct cargo loaders or drivers on stacking, balancing, and securing loads.

Unreasonable Driver Expectations

In some cases, a trucking company could be liable for a truck accident if it sets unreasonable expectations for its drivers. For instance, if a company forces drivers to drive too many hours without enough rest, it could increase the risk of drowsy driving accidents.

Drivers need breaks to stay alert. If drivers are too tired, they are more likely to make mistakes or even fall asleep while driving.

Companies also cannot ask drivers to drive too fast to meet delivery times. Speeding increases the risk and potential severity of accidents significantly. The trucking company is responsible for setting realistic schedules that allow for safe driving speeds and proper rest.

If a company pressures its drivers to ignore safety rules to deliver more cargo or complete routes faster, it is breaking the law. When companies refuse to prioritize safety over profits, and accidents occur, they can face liability.

Hiring Unqualified Drivers

If a trucking company hires an unqualified driver who causes a truck accident, they could be at fault for improper hiring or screening practices.

Truck drivers must have commercial driver’s licenses (CDLs) to operate commercial trucks legally. These licenses show they have the special skills to drive big trucks safely. If a trucking company hires a driver without a CDL, it could bear direct responsibility for any resulting collisions that driver causes.

Trucking companies could also face liability if they hire drivers without conducting background checks or drug tests as necessary. The law requires companies to test their drivers for drugs and bad driving records because these factors increase crash risk.

If a company skips these checks, and a driver causes an accident because they were using drugs or unable to control their truck, the company is responsible.

It is the trucking company’s duty to make sure drivers are safe, capable, and law-abiding. They must check every driver’s record and test for drugs regularly. When companies ignore these rules and accidents happen, they must pay for the harm that occurs as a result.

Evidence of Liability in Truck Accident Cases

When a lawyer takes on a truck accident case, they face the challenge of proving who was responsible for the crash. To do this, they must collect a range of evidence that paints a clear picture of the events leading up to the accident. This evidence can come from various sources, each offering key details that contribute to the overall understanding of the case.

The lawyer’s goal is to assemble this information systematically to establish liability and ensure justice for the affected parties.

Here is a list of the types of evidence that are often instrumental in a truck accident liability case:

• The truck driver’s logbooks
• The truck’s electronic control module (ECM) or “black box” data
• Dashcam footage from the truck
• Surveillance video from nearby businesses
• Witness statements
• Photographs of the accident scene
• Truck maintenance records
• The trucking company’s safety records
• The driver’s employment records
• The driver’s driving history records
• Cargo loading records
• Weigh station receipts
• GPS data from the truck
• The driver’s mobile phone records
• The driver’s alcohol and drug test results
• Accident reconstruction reports
• Traffic citations related to the accident
• Hours-of-service compliance records
• The truck’s inspection reports
• Medical records from any injured parties
• Company training manuals
• Email and communication logs from the trucking company
• Weather reports from the day of the accident
• Statements from first responders
• Cargo manifests or invoices
• Bills of lading
• Driver qualification files
• Post-accident inspection reports

Demanding Compensation From Trucking Insurance Companies

Demanding compensation from a trucking company after an accident is tough. These companies often have big insurance providers with lots of experience in defending against accident claims. They have lawyers and experts who know how to challenge accident claims and work hard to pay as little as possible.

This is why you should hire a personal injury lawyer as soon as possible after a truck accident. A good lawyer knows how to handle these big insurers. They can gather the right evidence, talk to witnesses, and use the law to show that the trucking company should pay for the harm you suffered.

Lawyers also know how to negotiate with insurance providers to get the fair settlement you deserve. If necessary, they can even take your case to court when the trucking company refuses to play fair.

A lawyer stands up for your rights, making sure that the trucking company and its insurer face accountability for the full extent of the harm they caused.

Whenever a large commercial truck, such as a big rig, tractor-trailer, or 18-wheeler, strikes a smaller passenger vehicle, bicycle, or motorcycle, the individuals on the receiving end typically suffer the more severe injuries in the accident.

In general, the more forceful a truck collision and the higher the vehicle speeds, the more likely an accident victim will suffer permanent or fatal injuries.

If you suffered injuries in a recent truck accident, consult a truck accident lawyer in your area as quickly as possible about your legal rights and potential options. Your lawyer can investigate your truck accident, gather documents, and file a claim for favorable monetary compensation with the appropriate insurance company adjuster.

By retaining legal counsel as quickly as possible in your case, you increase your chances of obtaining a favorable monetary settlement. Your lawyer will aggressively represent your legal interests and negotiate with insurance company adjusters to pursue the monetary recovery you deserve for your injuries.

How Do Truck Accidents Occur?

Truck accidents frequently happen when truck people drive negligently and carelessly.

One common cause of local truck accidents is moving violations. When truck drivers violate standard traffic laws that apply to all vehicles, they significantly increase their chances of causing an accident.

Common road-rule violations that lead to trucking accidents include a truck driver’s failure to yield the right-of-way to another vehicle at the proper time, excessive speeding, failure to use turn signals, or failure to use mirrors.

A truck accident may also happen when a driver violates state or federal motor carrier regulations. These regulations set load limits for large commercial vehicles and establish standards for loading and unloading procedures, lighting requirements for tractors and trailers, and regulations for properly securing cargo to a trailer before setting off on a journey.

When truck drivers and trucking companies do not follow motor carrier regulations, a top-heavy truck may offset its center of gravity and tip over. Additionally, unsecured or improperly secured cargo may roll off the truck bed and into the road, causing a severe traffic accident.

Truck accidents may also happen when fatigued drivers take the wheel. To arrive at their final destination ahead of schedule, some truck drivers drive for hours on end without taking periodic rest breaks. Fatigued may cause lack of concentration, delayed reflexes, and delayed reaction time. Furthermore, if a truck driver falls asleep at the wheel, they may lose control of their vehicle and crash.

A truck accident may also happen when a driver operates their vehicle while under the influence of drugs or alcohol. While most passenger vehicle drivers are legally intoxicated if they have a blood alcohol concentration, or BAC, of at least 0.08 percent, a much lower legal limit applies to commercial vehicle operators.

An intoxicated truck driver may lose their ability to focus on the road and experience dizziness, nausea, and blurred vision, which prevent the truck driver from seeing other vehicles. An intoxicated truck driver may also experience impaired judgment, limited concentration, and delayed reflexes. As a result, a truck driver may not stop in time to avoid striking another vehicle or pedestrian.

Suppose you sustained injuries in a truck accident that resulted from a truck driver or trucking company’s negligence. In that case, consult a truck accident attorney in your area as quickly as possible about your legal options. Your lawyer can chart a successful course of action for your case and pursue the maximum monetary damages you deserve for your accident-related losses.

Victims’ Injuries in Local Truck Accidents

A driver or passenger who is on the receiving end of a truck accident may suffer extremely serious physical and mental injuries. The injuries a truck accident victim sustains in their crash depend upon the number of collisions, the speeds of the involved vehicles, the collision force, and other accident-related factors.

Common truck accident injuries include open lacerations and bruises, bone fractures, rib fractures, soft tissue whiplash injuries, traumatic brain injuries (TBIs), internal bleeding, internal organ damage, mouth and teeth injuries, facial contusions, complete and incomplete spinal cord injuries, full and partial paralysis injuries, and death.

If you suffered one or more injuries in your recent truck accident, attend prescribed medical appointments, undergo recommended medical procedures, attend physical therapy sessions, and consult medical specialists.

By following through with your recommended medical treatment regimen, you are more likely to obtain a full recovery from your accident-related injuries. Also, when it comes time to file a personal injury claim, it shows the insurance company that you took your injuries and medical treatment seriously and that your injuries deserve favorable monetary compensation.

When you receive treatment for your injuries, your truck accident attorney can gather evidence on your behalf and prepare to file a claim with the appropriate insurance company.

Who Is at Fault for a Truck Accident?

The most likely responsible individual in a truck accident scenario is the negligent truck driver. However, other individuals or entities may share responsibility for one of these accidents. Trucking companies that employ negligent truck drivers may also contribute to a truck accident.

In some situations, you can hold trucking companies liable for the negligent actions or inactions of their employee drivers. At other times, you can hold trucking companies liable for hiring or retaining a driver with a known record of moving violations or DUIs.

Other potentially responsible parties may include truck part manufacturers when truck parts malfunction on the road and cause an accident, along with truck repair facilities when individuals and facilities perform repair work in an unworkmanlike manner.

A skilled truck accident attorney in your area can identify all potentially responsible parties for your accident and file the appropriate claim or lawsuit on your behalf.

Filing an Insurance Claim Following a Truck Accident

Depending on where your truck accident happens, your lawyer might file several types of claims on your behalf. If your truck accident occurred in a no-fault jurisdiction, your lawyer can file a claim under your own personal injury protection, or PIP, insurance policy up to the available policy limits.

PIP insurance frequently compensates accident victims for immediate medical expenses, lost income, and other economic losses from their truck accident.

However, if an accident victim in a no-fault jurisdiction suffers a permanent or disabling injury/impairment (for example, a full or partial paralysis injury), they may file a personal injury claim directly against the at-fault truck driver or trucking company’s insurer.

To recover monetary damages in a third-party claim, the accident victim must establish that the at-fault party behaved unreasonably or irresponsibly and, as a result, the truck accident occurred.

In fault-based jurisdictions, the accident victim can file a third-party personal injury claim with the at-fault driver’s insurer. To recover monetary damages in a third-party personal injury claim, the accident victim must fully establish their legal burden of proof.

First, they must prove that the truck driver owed them a legal duty of care. Truck drivers have a duty to follow all traffic laws and regulations and drive in accordance with state and federal motor carrier regulations.

Next, the truck accident victim must demonstrate that the truck driver or trucking company violated their legal duty of care. For example, a truck driver might have broken the speed limit, driven while distracted, or driven under the influence of alcohol or drugs.

The accident victim must also establish that the truck driver’s negligent actions or inactions were both the actual and the foreseeable cause of the subject accident.

Finally, the accident victim needs to demonstrate they suffered at least one physical injury in the accident. Property damage alone will not give you a personal injury claim.

Types of Third-party Monetary Damages That a Truck Accident Victim May Recover

As part of a third-party claim (or a lawsuit that the accident victim files in the court system), accident victims may have access to additional monetary damages, including compensation for accident-related medical expenses, lost earning capacity, and lost income.

They may also receive monetary damages for all of their intangible losses, including compensation for loss of the ability to use a body part, loss of life enjoyment, mental anguish, physical pain and suffering, inconvenience, loss of spousal consortium, permanent disability or disfigurement, lifetime care costs, long-term care costs, and humiliation from visible scars on the accident victim’s body.

Your truck accident attorney can file the appropriate claim on your behalf and anticipate the likely settlement or verdict value of your case. Yor lawyer will set reasonable expectations about how your case will turn out and the settlement compensation you may receive.

Speak With a Truck Accident Lawyer in Your Area Today

If you recently suffered injuries as a direct result of a truck accident, you need to involve a personal injury attorney in your case as quickly as possible. If you wait too long, the statute of limitations in your jurisdiction may prevent you from filing a personal injury lawsuit seeking monetary damages for your injuries.

A truck accident attorney can investigate your case and file the necessary claims with the appropriate insurance companies. Your lawyer will also review all potential settlement or litigation options in your case and maximize the monetary damages you receive for your accident-related injuries and losses.

Truck crashes are complicated events, and the resulting injuries can often be catastrophic. You need someone advocating for full compensation for your physical, mental, and financial losses.

Never handle the process alone or delay seeking legal representation. A truck accident lawyer will give you immediate peace of mind that someone is pursuing the support you need.

Accidents that involve large trucks, including tractor-trailers, big rigs, and eighteen-wheelers, typically result from truck driver and trucking company negligence. In some situations, however, the truck driver or trucking company’s insurance will try to pin some or all the blame for an accident on you.

Never assume this eliminates your right to compensation, as most state laws still allow you to seek compensation, even if you are partly to blame. If you find yourself in such a situation, it’s crucial to consult with a qualified truck accident lawyer.

For example, under Florida law, an accident victim may not recover monetary compensation if their percentage of fault exceeds 50 percent. If they are 50 percent or less at fault for the accident, their recoverable compensation will decrease, depending upon their amount of fault.

If an insurance company says that you are fully or partially at fault for a truck accident, your lawyer can retain an accident reconstructionist or another expert who can prove otherwise.

Your lawyer can also handle every step of the claims-filing process in your case and handle all written and verbal communications with insurance company adjusters.

Additionally, maybe the trucking company’s insurer attempts to deny liability for your accident or otherwise refuses to offer you the fair monetary damages you deserve. Then your lawyer may file a personal injury lawsuit, handle every step of the litigation process, and represent you at all legal proceedings in your case, including a civil jury trial or binding arbitration proceeding.

Unlike the insurance company in your case, your attorney will have your best interests at heart and do everything possible to maximize the total monetary award you receive for your injuries — either through a favorable settlement offer from the insurance company or a favorable litigation result in the state court system.

Request A Free Consultation Today!

Negligent Parties in a Truck Accident Case

In most truck accident claims, you can hold the truck driver and/or the trucking company that employs the driver responsible for the accident. Negligent truckers drive in a careless or unsafe manner or violate various state and federal motor carrier regulations.

In some situations, you can hold a trucking company responsible for the acts of their negligent employee truck drivers committed within the scope of their employment. You can hold a trucking company responsible for negligent entrustment if they fail to supervise a driver or allow a driver with a poor driving record to operate one of their vehicles.

Similarly, in some situations, a truck repair facility or a truck parts manufacturer may be fully or partially responsible for an accident that occurs.

If you recently suffered injuries in a truck accident, your truck accident attorney can identify potentially responsible parties and take the appropriate legal action on your behalf.

For example, your lawyer can file a personal injury claim against the at-fault truck driver or trucking company’s insurance policy, submit a settlement demand package on your behalf, and negotiate with insurance company adjusters for favorable monetary compensation.

Causes of Truck Accidents

Truck accidents typically occur when people drive carelessly and negligently. One common cause of truck accidents is a driver’s failure to follow standard traffic laws and regulations.

For example, a driver may drive over the posted speed limit, fail to yield the right-of-way to another vehicle at a traffic intersection, fail to use their turn signals, or fail to look into their mirrors while driving or backing up.

Additionally, a truck accident may happen when a truck driver or trucking company fails to follow applicable state and federal motor carrier regulations. These regulations pertain to weight limits, methods for properly securing cargo to the truck bed, overhead and undercarriage lighting for the tractor and trailer, and proper loading and unloading procedures for truck cargo.

When truck drivers and trucking companies fail to follow these regulations, cargo might become loose, slip off the truck, and fall onto the road, causing a severe accident. Additionally, if a truck driver or other trucking company employee fails to load cargo properly at the loading dock, the top-heavy vehicle may overturn in the middle of the road.

Truck accidents may also happen when drivers do not watch the road in front of them attentively. Instead of paying active attention to the road, a driver might eat and drink while driving, adjust the volume on a stereo system, use a cell phone without a hands-free Bluetooth device, text and drive, or program a GPS navigation device while driving.

All these activities may cause a truck driver to lose their focus, both physically and mentally, and bring about a serious accident with another vehicle or pedestrian.

Next, some truck accidents occur when drivers exhibit various types of road rage. Truck drivers are frequently in a hurry to get ahead of other traffic to arrive at their final destination ahead of schedule, thereby reaping financial bonuses and benefits.

However, when trying to move ahead, truck drivers may speed or resort to other reckless driving maneuvers, including weaving in and out of traffic, cutting off other vehicles in traffic, tailgating other vehicles, and failing to use their turn signals at the proper times. Unfortunately, all these aggressive driving maneuvers may lead to a truck accident that causes other drivers and passengers to suffer injuries.

Additionally, some truck accidents happen when drivers become fatigued at the wheel. To obtain a financial bonus, a truck driver might try to complete their journey without stopping to nap. As a result, they may become sleepy or disoriented while on the road.

If a truck driver falls asleep at the wheel and loses control of their truck, they may cause an accident. Even if the driver does not fall asleep at the wheel, they may still experience a lack of concentration, which prevents them from operating their vehicle carefully and safely.

Finally, some truck accidents happen when drivers get behind the wheel after having too much to drink. An intoxicated truck driver might experience blurred vision, dizziness, or nausea. Additionally, they may experience numerous mental impairments, including lack of concentration, delayed reaction time, delayed reflexes, lack of coordination, and an inability to judge distances between their truck and other vehicles. As a result, they may cause a severe accident or series of collisions.

If you suffered injuries in a truck accident that a negligent truck driver or trucking company caused, seek the legal help that you need right away. A skilled truck accident attorney in your area can investigate your accident circumstances, review all your legal options with you, and file a claim for monetary compensation and damages.

Truck Accident Injuries

In accidents in which a large truck strikes a smaller passenger vehicle, bicycle, motorcycle, or pedestrian, the individual on the receiving end usually suffers the more severe injuries.

The injuries that a truck accident victim suffers will usually depend on the type of truck accident, the force of the collision, the number of vehicles involved, and the accident victim’s bodily movements during the crash.

Some of the most common injuries that truck accident victims may suffer in an accident include open lacerations, bruises, rib fractures, broken bones, soft tissue neck and back injuries, eye injuries, traumatic head and brain injuries, permanent cognitive impairments, internal bleeding, internal organ damage, mouth and teeth Injuries, facial contusions, complete and incomplete paralysis injuries, and spinal cord damage.

Upon sustaining injuries in a truck accident, consult a medical professional as quickly as possible and complete your entire medical treatment regimen.

That way, you increase your chances of obtaining a full recovery from your accident-related injuries. You also show the truck driver’s or trucking company’s insurer that you suffered severe injuries in your accident that warrant significant monetary compensation.

While you complete your medical treatment, your truck accident attorney can investigate your accident circumstances further, gather important documents on your behalf, and assemble those documents into a settlement demand package. You need that demand package when your attorney negotiates with the insurance company for a favorable monetary settlement offer in your case.

The Burden of Proof in Truck Accident Cases

In a truck accident claim or lawsuit, the injured accident victim must establish their legal burden of proof to recover monetary compensation and damages.

First, the accident victim must demonstrate that the truck driver violated one or more traffic laws or motor carrier regulations or that they otherwise operated their vehicle in a careless, distracted, or intoxicated manner. Then they must show that their injuries occurred due to the truck driver’s negligence.

Evidence You May Introduce to Show That a Truck Driver Was at Fault in Your Accident

Sometimes, the truck driver or trucking company’s insurer might dispute fault for your accident. In other words, the insurance company may claim that you caused or contributed to your accident somehow.

To demonstrate the truck driver’s liability, your lawyer can:

• Obtain a copy of the police investigation report, which details how the accident happened, including whether or not the police officer issued a traffic citation to the truck driver and, if so, for what
• Retain an accident reconstructionist who can speak with witnesses, review police reports, review video camera footage of the accident, visit the accident scene, and determine how the accident occurred and who caused it.
• Speak with witnesses who saw the accident firsthand and may testify at a discovery deposition or civil jury trial to support your case.

Your truck accident lawyer will do everything possible to obtain the evidence necessary to satisfy your legal burden of proof and establish that the truck driver or trucking company was fully responsible for your accident.

Truck Accident Monetary Damages

Victims of truck accidents may recover monetary damages for their accident-related losses.

First, they may pursue compensation for economic losses, such as medical expenses, loss of earning capacity, and lost income. They may also recover monetary damages for their intangible losses, including pain, suffering, inconvenience, mental distress, loss of life enjoyment, loss of spousal consortium, and loss of the ability to use an injured body part.

Your attorney will work to maximize the monetary recovery you receive for all the injuries you suffered in your truck accident.

Speak with a Truck Accident Lawyer Near You Today

Following a truck accident, you must consult an experienced personal injury lawyer as quickly as possible. A knowledgeable truck accident attorney can handle every step of the legal process for you, from filing a claim to negotiating with insurance company adjusters to litigating your case to a favorable resolution in court.

The Federal Motor Carrier Safety Administration, or FMCSA, promulgates various rules that trucking companies and truck drivers must follow. Many FMCSA regulations address weight limits for large vehicles and the proper ways for loading and unloading cargo and securing it to the trailer. Others regulate truck driver conduct on the road or a company’s inspection and maintenance of a fleet.

FMCSA regulations exist to keep everyone safe when driving alongside large commercial vehicles. Semi-trucks and similar vehicles can cause devastating damage and injuries when they crash, so the government implements stricter rules for the trucking industry to follow. When drivers, trucking companies, or another similar party commits serious FMCSA violations, accidents and severe injuries to others may result.

If you suffered injuries in a truck accident that a negligent trucking company or truck driver caused, you need to retain a skilled truck accident lawyer in your area who can handle your personal injury claim or lawsuit. Truck accident claims are often much more complicated than car accident cases, so you want to hire a law firm with experience handling commercial vehicle crashes.

A skilled truck accident lawyer can investigate the circumstances of your truck accident and, if necessary, retain an experienced accident reconstructionist who can testify in your case. Your lawyer can also file a personal injury claim with the trucking company’s insurer and seek favorable settlement compensation on your behalf.

Finally, if the insurance company does not offer you the fair monetary damages you need, your attorney can file a truck accident lawsuit in the court system to seek favorable financial recovery for your injuries.

Unlike insurance companies that are never on your side, your truck accident attorney will be your advocate throughout all the legal proceedings in your case. Your lawyer can answer all your questions and handle every aspect of your personal injury claim or lawsuit.

Motor Carrier Violations That Lead to Accidents

Trucking companies and their employee truck drivers have a duty to follow all FMCSA regulations. Those regulations pertain to safe driving and the tasks that trucking companies and truck drivers must perform before heading out on a road trip.

In short, FMCSA regulations pertain to:

• Cargo and weight limits for large trucks and tractor-trailers
• Overhead and undercarriage lighting for tractors and trailers
• Checklists for pre-trip inspections that truck drivers must perform before they head out on a trip
• Truck rear guards and other safety devices on large trucks
• Methods for properly loading and unloading cargo from the trailer
• Methods for properly securing loose cargo onto the trailer, ensuring that it does not fall into the road while the truck is in motion

When trucking companies and truck drivers fail to follow these regulations, the chances of causing a severe accident increase dramatically. For example, if the trucking company or truck driver does not follow the prescribed weight limits or loads cargo onto the truck improperly, the trunk may become top-heavy.

As a result, the truck’s center of gravity might become offset, causing the truck to roll over in the middle of the road when speeding down the hill or around a sharp curve.

Additionally, serious accidents may happen when trucking companies and truck drivers fail to properly load and secure cargo on the trailer. If the truck’s cargo comes loose while the vehicle is in motion, it might roll out into the middle of the road, causing a multi-vehicle pileup.

Loose cargo, such as logs, may also impale the front windshield of an oncoming vehicle, leading to permanent injuries and fatalities for the vehicle occupants.

If you suffered injuries in a recent truck accident that resulted from a trucking company’s or truck driver’s failure to follow FMCSA regulations, you have legal rights and options that you can consider.

Your attorney can file a personal injury claim against the trucking company’s insurer and negotiate a favorable settlement offer that fully and fairly compensates you for all your accident-related injuries.

Legally Proving That a Trucking Company or Truck Driver Was Negligent

To legally establish that a trucking company or truck driver was negligent under the circumstances, the truck accident victim must satisfy their legal burden of proof.

In the case of a trucking company, they must establish that the company violated one or more FMCSA regulations, such as by failing to insist that their drivers perform pre-trip inspections or failing to ensure that employees loaded cargo onto the truck and secured it properly.

Next, the accident victim must establish that the truck accident happened as a direct result of the trucking company or truck driver’s negligent actions or inactions. Finally, the accident victim needs to show that as a direct result of the truck accident, they suffered one or more physical injuries and damages.

Experts can be beneficial when it comes time to prove the legal elements of a truck accident claim or lawsuit. For example, an accident reconstructionist can establish that the trucking company was fully or partially to blame for the accident. On the other hand, a medical expert can causally relate one or more physical injuries that the accident victim suffered to the truck accident.

Injuries in Truck Accidents

When a sizable big rig or tractor-trailer strikes a smaller passenger vehicle, it is almost always the driver or passengers riding in the passenger vehicle who suffer the most severe injuries.

Truck accidents often occur at high speeds and with a significant amount of force, causing the victim’s body to move about the inside of their vehicle, potentially striking various parts of the car like the headrest or steering wheel.

The various physical injuries that a truck accident victim suffers will depend upon the speeds of the vehicles, the force of the collision, the directions of the vehicles, and other accident-related factors.

Some of the most common injuries that result from truck accidents due to trucking company and truck driver negligence include internal bleeding, internal organ damage, traumatic brain injuries, mouth and jaw injuries, eye injuries, open lacerations, bruises, soft tissue neck and back contusions, rib fractures, bone fractures, complete and incomplete spinal cord injuries, paralysis injuries, and death.

Following your truck accident, it is crucial that you follow through with your medical treatment regimen, that you attend all your medical appointments on time, and that you do not discharge yourself early from medical care.

By continuously treating your injuries and completing your treatment regimen, you show the insurance company that your injuries are severe and that you took your medical treatment seriously. After you complete your medical treatment, your lawyer can begin advocating for the fair settlement compensation you deserve to recover in your legal matter.

Filing a Claim with the Insurance Company

If you suffered injuries in a trucking accident that resulted from a trucking company or truck driver’s negligence, your attorney can file a legal claim and pursue the monetary recovery you deserve.

To submit a claim, your lawyer will assemble a settlement demand package for the insurance company adjuster to review. This demand package will include a demand letter for monetary settlement with essential documents, such as expert reports, medical treatment records, medical bills, photographs of property damage, and injury photographs.

If the trucking company’s insurer accepts fault for your accident, then settlement negotiations for monetary compensation may begin. Throughout this process, your attorney typically makes an opening settlement demand to which the insurance company will respond. Negotiations then proceed back and forth until the parties either settle the case or reach a roadblock.

In settlement negotiations, you should know that insurance companies are not on your side. Despite what they allege in their advertisements, insurance companies are not interested in helping accident victims or offering them favorable monetary damages for their injuries and losses.

Instead, insurance companies are interested only in their bottom line and want to try to save themselves as much money as possible. They attempt to achieve this goal by paying as little compensation as possible to injured accident victims.

Your attorney will aggressively advocate for you during all settlement negotiations with insurance company representatives. Moreover, if the insurance company does not increase its offer significantly after several rounds of negotiations, your attorney can file a lawsuit and litigate your case in court and pursue an efficient result on your behalf.

Litigation Following a Truck Accident

The litigation phase of a truck accident case begins when a personal injury attorney files a lawsuit in court. However, even after filing a lawsuit, the parties may still decide to resolve their case via settlement.

During litigation, the parties will partake in discovery, continue exchanging documents, submit to depositions, and attend a settlement conference with the court. If the case remains unresolved by the end of the litigation process, the parties may take their case to a civil jury trial for a jury to determine the outcome.

Instead of taking a case to trial, the parties may pursue alternative dispute resolution, such as mediation or binding arbitration, to resolve their case out of court.

Your truck accident lawyer can explore potential legal options for your case and will work towards obtaining the highest monetary recovery for you.

Collecting Monetary Damages for Truck Accident Injuries

If you can establish the legal elements of your truck accident claim or lawsuit, you may be eligible to recover various categories of monetary compensation. Your attorney will fight for your legal rights so you obtain the most compensation available via settlement or litigation.

Common monetary damages of truck accident cases include compensation for past and future pain and suffering, loss of spousal consortium, lost earnings, loss of earning capacity, lifetime care costs, permanent disfigurement or disability, lost quality of life, loss of use of a body part, mental anguish, and medical expenses.

Speak With a Truck Accident Lawyer About Your Legal Matter Today

If you recently suffered injuries in a truck accident, you need to retain an experienced personal injury attorney to represent you as quickly as possible. Your lawyer can handle every step of the claims filing and litigation processes and work hard to maximize the total settlement or litigation compensation you recover in your case.

Request A Free Consultation Today!

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.

Request A Free Consultation

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. — Auto Accident Lawyers – 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.

Request A Free Consultation

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. — Auto Accident Lawyers – Tampa Office

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

Phone: 813-725-5606