Because of a semi-truck’s massive size and destructive potential, the owners and drivers of commercial trucks are required to follow and observe very specific safety protocols, rules and regulations to prevent a truck accident that can be devastating for others on the road.
If you or someone you love has suffered an injury in a truck accident, do not hesitate to contact Roden Law’s truck accident attorneys. We have the skills and resources truck accident victims need to bring a claim against the party at fault for their accident. Our accomplished personal injury attorneys will fight for your legal rights and work to help you obtain the compensation you need. We have recovered millions in verdicts and settlements for clients who were injured in accidents caused by negligence. Because we are dedicated to our clients’ best interests, our attorneys work only on a contingency fee basis. This means we do not charge upfront legal fees for our services and you only have to pay us if we recover compensation for you. There is no risk to schedule a free, no-obligation consultation to find out if you have a case that entitles you to compensation.
Call 1-844-RESULTS if you were injured in a truck accident.
Obtaining Compensation After a Truck Accident
A truck accident involving a semi-truck or tractor-trailer can result in significant damages for the victims involved. Often, our truck accident attorneys will review a claim to determine the types of compensation the claimant is entitled. This can include economic damages and non-economic damages.
The most common type of compensation that truck accident victims can obtain is economic damages, which is meant compensate a victim for the financial losses he or she suffered after the crash.
Economic damages reimburse the injury victim for:
- Past and future medical expenses
- Lost wages or income
- Loss of earning capacity
- Assistive medical equipment
- Property damage
Our attorneys will review your financial losses from the crash and your injuries to reach an accurate figure for compensation you may be owed. This will include assessing your medical bills, paychecks, and the cost to repair or replace your vehicle or personal property that was damaged in the crash.
Under certain circumstances, truck accident victims may be entitled to “non-economic damages.” This is additional compensation for the pain and suffering the victim and his or her loved ones endured after the crash, such as:
- Pain and suffering
- Emotional distress, such as depression or post-traumatic stress
- Loss of enjoyment of life
- Loss of reputation or humiliation
- Loss of companionship
However, non-economic damages can only be obtained through a personal injury lawsuit and are not available through an insurance claim. Your truck accident attorney will need to build a credible case that proves the at-fault party’s negligence caused your injuries to recover this type of compensation.
Complete a Free Case Evaluation form to schedule a free consultation.
Parties that Can Be Held Liable for a Truck Accident
One of the most difficult aspects of obtaining compensation after a truck accident is determining which party is liable for the accident. This is because there are often several parties involved in a commercial trucking operation that can be at fault for an accident.
Depending on the circumstances of your accident, a skilled truck accident attorney may be able to help you pursue compensation from multiple parties such as the:
- Truck’s driver
- Trucking company
- Vehicle’s manufacturer
- Truck driver’s employer
- Owner of the vehicle
- Loader or shipper of the vehicle’s cargo
Our truck accident lawyers have a strong understanding of the commercial trucking industry and the obligations of the parties involved. To prove the at-fault party is liable for the accident, we will examine four possibilities:
- Did the other party owe you a duty of care to ensure your safety?
- Did the other party breach its duty of care by failing to act in a practical manner?
- Are your injuries directly linked to the other party’s breach of duty?
- Did you suffer damages as a result of the other party’s actions?
If we determine these factors were present in your claim, you may have a case against the at-fault party.
For a free legal consultation, call 1-844-RESULTS.
Building a Case to Support Your Claim
Additionally, our truck accident attorneys will review the events that occurred before and during the crash to build your case. We will also investigate each stage of the operation associated with the truck involved in your accident.
During our investigation, our truck accident lawyers will review the:
- Condition of the truck before the crash
- Maintenance reports conducted by the trucking company or vehicle’s owner
- Truck driver’s record for past drug and alcohol or driving violations
- Trucking company’s policies and hiring procedures
- Qualifications of the driver involved in your accident
- Driving pattern of the truck’s driver before the accident
- Driver’s toxicology reports to determine if he or she was impaired by drugs or alcohol
- Vehicle’s “black box” for the speed it was traveling in before the crash
If you believe your truck accident was caused by another’s negligence, you may have a case that entitles you to compensation. Our truck accident attorneys will diligently pursue all leads to help you recover the compensation you deserve.
Schedule a free consultation by calling 1-844-RESULTS.
Common Causes of Truck Accidents
Motor vehicle accidents that involve large trucks are especially dangerous. Tractor-trailers are much larger and weigh much more than standard passenger vehicles and are capable of creating much more catastrophic traffic accidents.
The Federal Motor Carrier Safety Administration (FMCSA) conducts regular studies to analyze the major causes of truck accidents to better inform and prepare truck drivers and hopefully reduce the number of future accidents. It has determined that some of the leading causes of truck accidents includes:
According to the FMCSA, a commercial truck accident is 10 times more likely to be caused by the vehicle’s driver than any other factor, including weather, mechanical error or poor road conditions. Some ways drivers cause truck accidents include:
Truck drivers spend most of their days on the road and must meet strict deadlines. However, some truck drivers push themselves too far without adequate rest. Fatigued driving can cause a truck driver to fall asleep at the wheel, drift into other lanes, or impair their judgment and ability to make split-second decisions.
To address the problem of fatigued driving, the FMCSA created the hours of service rule to limit the number of hours a truck driver is allowed to operate a vehicle in a single shift. Additionally, truck drivers are required to log each hour they spend driving a vehicle.
Distracted driving is a serious issue for all motorists. However, drivers of large commercial vehicles, like semi-trucks and tractor-trailers are strictly prohibited from engaging in any distractions while driving.
Additionally, the FMCSA’s regulations ban texting by commercial drives while operating a vehicle. Commercial drivers must also refrain from using handheld phone or electronic devices while on duty.
Poor Driving Decisions
Truck drivers are obligated to follow the same traffic laws as other motorists. Additionally, operating a large vehicle, like a semi-truck or tractor-trailer, requires safe handling and control from the driver.
However, many truck accidents are caused by poor decisions made by the truck’s driver, such as:
- Failing to signal a turn
- Aggressive driving
- Reckless driving
- Inattention to the roadway
- Failing to brake for approaching traffic
- Neglecting to check the truck’s blind spots
- Making too wide of a turn
- Failing to anticipate upcoming hazards or changes in traffic
Driving a semi-truck or tractor-trailer requires a higher level of knowledge, experience, skills and physical abilities than needed to drive a passenger vehicle.
Before a driver can obtain a commercial driver’s license (CDL), he or she must hold a commercial learner’s permit and pass a skills and knowledge test that demonstrates his or her ability to operate a large truck. Our truck accident lawyers will review the driver’s record to determine if he or was qualified to operate the truck involved in your accident.
Driving Under the Influence
Unfortunately, drug and alcohol use is a factor in many accidents involving commercial vehicles.
The FMCSA strictly prohibits drivers from consuming drugs or alcohol during work hours. Unfortunately impaired driving is a significant factor in many collisions involving commercial semi-trucks and tractor-trailers.
Trucking companies are required to perform extensive background checks on candidates before making a hiring decision. If a driver has a history of drug and alcohol violations, the driver can lose his or her CDL and is not allowed to operate high-risk vehicles.
Additionally, commercial drivers are supposed to be periodically screened for drugs and alcohol by their employer and after an accident involving significant property damage, injury or death. If a driver refuses to submit to a drug or alcohol test, he or she can be held liable for an accident.
Truck owners and trucking companies have a responsibility to inspect each vehicle to ensure it is safe and ready for road use.
However, many truck accidents are caused by mechanical failures, such as:
- Steering failure
- Transmission breakdown
- Inadequate or defective headlights, turn signals, or brake lights
- Brake system failure
- Defective or worn out tires
- Engine malfunction
An experienced truck accident lawyer will know to review the vehicle inspection logs recorded by the truck’s owner. Additionally, truck drivers are required to perform a driver vehicle inspection report at the end of each shift. These documents, or lack of, may help determine if your truck accident was the result of negligent maintenance.
Complete a Free Case Evaluation form if you were involved in a truck accident.
Why You Need a Truck Accident Lawyer
Trucking companies have large teams of defense lawyers that are specifically employed to fight truck accident claims.
This is because trucking companies and their insurance companies often do not want to pay out the money victims deserve for their injuries and suffering after a car accident. Often, a trucking company’s insurer and attorneys discredit injury claims by making the victim seem at fault or distancing themselves from the driver or vehicle.
However, our truck accident attorneys are familiar with the commercial trucking industry and the insurance companies that represent trucking companies. We know their tactics and will work to help ensure your claim is protected and your compensation is secured.
At Roden Law, our attorneys are skilled negotiators with a proven record of successfully representing injury victims. We will work with the at-fault party’s insurance company and attorneys to recover the most amount of money possible for your claim. Every negotiation and decision will be in your best interest and we will openly communicate with you throughout the entire process. Our truck accident attorneys will not accept any outcome that does not reflect justice and compensation you deserve.
Call 1-844-RESULTS to consult with a truck accident attorney.
Contact Our Truck Accident Attorneys
If you were injured in a truck accident and believe another party is at fault, do not hesitate to contact our reputable truck accident lawyers for review of your claim.
At Roden Law, we are willing to fight for the rights of our clients and will pursue all options available to help you recover the compensation that truly reflects your pain and loss.
We will provide you with a free, no-obligation consultation to discuss your claim and the circumstances behind your truck accident. If we determine that you have a strong case against the at-fault party, we will dedicate our skills and resources to providing you with quality legal representation. All of our services will be provided at no upfront cost and you will only have to pay if we recover compensation for your case. If you do not recover, you do not have to pay us.