Truck accidents are one of the most serious events that can occur on the roads of America.
If you or a loved one have been the victim of a truck accident, you have rights. It is important for you to be knowledgeable about these rights in order to protect yourself and get the compensation that you are owed.
Thankfully for victims, powerful protections are in place to give them the best possible chance at success. Knowing about the claims process and working with experienced truck accident attorneys can help you to handle truck accident cases with confidence and recover maximum compensation.
Read on for all the information you need to know…
Understanding Truck Accident Cases
Truck accident cases are unique.
For one, the size and weight of commercial trucks mean that when they collide with another vehicle, serious injuries or fatalities can occur.
The National Safety Council reports that fatal truck accidents have increased 49% in the last decade, which is a startling and tragic statistic.
The federal government also has regulations in place that set the standard for safe trucking practices. Hours of service rules, mandatory rest periods, electronic logging devices, etc.
The Federal Motor Carrier Safety Administration is the federal agency that maintains all of these regulations. If they are found to be violated by the defendant in a trucking accident case, this can help to strengthen the victim’s case.
Who Can Be Held Liable?
One of the more interesting things about truck accident cases…
In a typical car accident, the driver is often the only person who can be held liable. However, in a truck accident case there can be more than one liable party. Identifying who to hold accountable is key for getting the most compensation.
Potential liable parties include:
- The truck driver: Behaviors such as speeding, driving while fatigued or distracted can make the truck driver personally liable for the resulting damages.
- The trucking company: Employers can be held liable for the negligent acts of their employees.
- Truck manufacturers: Mechanical failures from defective parts can make manufacturers of those parts liable. Mechanical failure is a factor in 29% of truck accidents on average.
- Cargo loaders: Accident causation from improperly loaded cargo can make cargo loaders liable for jackknifing and rollover accidents.
- Government entities: A failure to maintain safe roads can make state or local governments responsible for an accident.
This is some pretty important information to know, wouldn’t you say?
Identifying every party who is responsible can help to increase the potential damages that a victim can recover. Your attorney will investigate the accident from every angle to find who is at fault.
Types of Compensation Available
Truck accident victims are entitled to damages. Here is everything that they can recover:
Economic Damages
These are monetary losses that can be quantified:
- Medical expenses, including future expenses
- Lost wages, and lost earning capacity
- Property damage
- Rehabilitation costs
- Home modification costs
Non-Economic Damages
These compensate for more intangible losses:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
Punitive Damages
In egregious cases where the defendant’s conduct was very reckless, a court may award punitive damages. This is money meant to punish the wrongdoer and deter similar conduct in the future.
A critical thing to know…
Truck accident settlements are generally much higher than in typical car accident cases. The reason for this is threefold. First, the injuries tend to be much more serious and long-lasting. Second, the insurance policies that get hit are commercial and carry larger coverage. Finally, the federal government’s regulations add another layer of complexity to these cases, which increases liability and results in more liability insurance getting involved in the claim.
The Lawsuit Process Explained
The process of filing a lawsuit for a truck accident can seem very daunting. However, having a clear understanding of the process can make things much more manageable.
Step 1: Investigation and Evidence Gathering
The first step will be a complete investigation of the accident and the surrounding circumstances. Your attorney will preserve black box data from the truck, driver logs, maintenance records, and employment history. The evidence is critical to the case and must be preserved quickly before it is destroyed or altered.
Step 2: Pre-Litigation Demand
In most cases, your attorney will send a demand letter to the insurance company before filing a lawsuit. This details the injuries, damages, and what the attorney is seeking in compensation.
Step 3: Filing the Lawsuit
Should negotiations not lead to a fair settlement offer, a formal lawsuit will be filed. This officially kicks off the process and sets deadlines for all future actions.
Step 4: Discovery
Discovery is where the two sides exchange evidence and information about the case. This can include depositions, document requests, and expert witness information.
Step 5: Settlement Negotiations or Trial
In the majority of truck accident cases, the case will settle before trial. However, if a fair deal cannot be reached, the case will go to court and either a judge or jury will decide the matter.
Something important to note…
Insurance companies are known to play hardball when it comes to truck accident claims. They have defense attorneys who are very skilled at trying to get plaintiffs to settle for as little as possible. That’s why it’s so important for the victim to have an experienced legal team that can fight back and provide them with equal representation.
Time Limits You Need to Know
Each state has a statute of limitations that places a time limit on how long a person has to file a personal injury lawsuit. If the statute of limitations passes, that person loses the ability to make a claim against the liable party.
In most states, the statute of limitations for personal injury is two to three years from the date of the accident. This can vary slightly depending on the state and the facts of the case.
Time is not something you want to waste. Evidence can be lost, witnesses may no longer be available or their memories will fade, and critical documents can be misplaced. The sooner you act, the better.
Wrapping This Up
Truck accident cases are more complicated than typical car accident cases, but this does not mean they cannot be navigated successfully.
In fact, truck accident victims have significant rights that are in place to protect them and allow them to recover the compensation they need and deserve. The most important part is understanding those rights and taking action to preserve your claim as quickly as possible.
To quickly recap the main points:
- Truck accidents often have multiple liable parties
- Economic, non-economic, and punitive damages can be recovered
- Federal trucking regulations play a major role in these cases
- Evidence preservation is key and must be done quickly
- Statutes of limitations apply and victims should not delay in taking action
The statistics are there to clearly show the severity of these types of accidents. With over 5,900 deaths reported in truck-related accidents in 2022 alone, ensuring that victims’ rights are protected is critical.
The best thing that you can do if you’ve been injured in a truck accident is to contact a legal service and schedule a consultation as soon as possible.
