Blog Post

How Trucking Accidents Differ From Other Car Accidents

Trucking accidents differ from other car accidents as they tend to be more complex, can lead to catastrophic and fatal injuries, and can be challenging to litigate. If you or a loved one suffered injuries and losses in an accident with a commercial truck, you could be entitled to compensation for your medical bills, wage losses, and property damage. However, insurance companies for the trucking industry often utilize manipulative tactics to attempt to deny victims’ claims. Chuck Franklin Law can help. Contact us today at 480-545-0700 or fill in our online form for free legal advice.

Common Reasons for Trucking Accidents

Data collected by the United States Department of Transportation (DOT) shows that accidents with trucks usually occur due to driver-related causes, including but not limited to:

• Driving under the influence of alcohol or drugs
• Drowsy driving and falling asleep at the wheel
• Excessive speed
• Generally distracted driving

However, not all truck accidents happen due to driver error. A smaller percentage of accidents with commercial trucks occur due to incorrectly loaded cargo, vehicle defects, or inadequate servicing and maintenance of the trucks. If you or a loved one suffered injuries and financial losses in a trucking accident involving a negligent driver or company, you could potentially file a lawsuit and recover compensation for your injuries and losses.

Trucking Accident Injuries Can Change Your Life

Not all car accidents are serious, with many involving “fender-benders” and no significant injuries. However, trucking accidents differ from other car accidents in one particular way: when a heavy, large, and powerful commercial truck collides with a small passenger car, the consequences are usually tragic. Car occupants could suffer catastrophic injuries and fatalities.

While a truck driver is relatively protected in their cab, car passengers bear the brunt of injuries in such accidents. According to the Insurance Institute for Highway Safety (IIHS), most truck accident fatalities are passenger vehicle occupants.

Accidents with commercial trucks can have devastating impacts on a victim’s home life and career, potentially causing severe injuries, such as:

• Traumatic brain injury (TBI)
• Neck and back injuries
• Internal organ damage
• Fractures and broken bones
• Amputations
• Burn injuries
• Spinal cord damage and paralysis

Who Is Liable for Your Damages in a Trucking Accident?

Another important way in which trucking accidents differ from car accidents is their complexity. While accident victims typically assume the truck driver is to blame and liable for their damages, there could be other defendants in a trucking accident lawsuit. While having several liable parties can complicate a case, it can provide victims with several potential avenues for compensation. Chuck Franklin Law can analyze the facts of your trucking accident and determine who is responsible, which could include:

Truck Driver

Human error can play a significant role in trucking accidents. Truck accidents can happen due to the carelessness or recklessness of a driver. An intoxicated, speeding or overly fatigued truck driver could be responsible for your accident.

Trucking Company

Generally, the trucking company has the responsibility for all operational aspects, including drivers and vehicles. A company could be partially or wholly liable for your damages if they:

• Hired negligently
• Failed to service and maintain trucks
• Denied drivers their mandatory breaks
• Falsified logbook entries
• Neglected driver training
• Violated any trucking regulations

There can be other reasons why a trucking company could be responsible for your accident.

Truck Manufacturer

Trucking accidents can and do happen due to defective vehicles. If the truck involved in your accident had a defect that contributed to the accident, you could have a case against the truck manufacturer or a part manufacturer.

Third-Party Vendor

Most trucking companies use third-party companies for some of their operational needs, for example, servicing and repairing vehicles. They may also be outsourcing the recruitment and training of drivers and cargo loading. Therefore, a negligent or reckless third-party vendor could be responsible for your accident.

Compensation You Could Receive in a Trucking Accident

Every trucking accident is unique. Therefore, it can be impossible to determine an average settlement amount for accidents with commercial trucks. However, if you or a loved one suffered significant injuries, you could qualify for various awards, such as:

• Medical costs and future healthcare expenses
• Loss of income and future loss of earning capacity
• Medical devices and accessories
• Mental and physical pain and anguish
• Reduced life quality
• Disability
• Modifications to your home and vehicle
• Out-of-pocket expenses

Depending on the facts of your trucking accident and the severities of your injuries, you could also recover other damages.

How an Attorney Can Help with Your Trucking Accident

Having a lawyer by your side can be important if you suffer injuries since truck accident claims can involve several defendants and be complex to litigate. An experienced trucking accident attorney can protect your legal rights and help you in several important ways:

• Offer legal advice
• Gather evidence to prove negligence
• Assess your damages and future expected damages
• Work with investigators and accident reconstruction professionals
• Provide expert witnesses if necessary
• Build a comprehensive case against the defendant(s)
• Negotiate an out-of-court settlement with the insurance company
• Represent your case strongly in court

An experienced truck accident lawyer at Chuck Franklin Law can handle your truck accident claim from beginning to end, fighting for what you need to get back on your feet after a painful and upsetting accident.

Chuck Franklin Law Can Fight for Your Rights

Standing up against a powerful trucking company can be daunting and overwhelming. Moreover, such companies often have teams of lawyers at their disposal, ready to fight any claims for compensation vigorously. However, you do not need to struggle on your own with fighting for what you deserve.

We know how to hold irresponsible trucking companies to account and can determine all liable parties in your accident. Get started with getting justice today by calling us at 480-545-0700, stopping by at our office, or contacting us online to schedule a free, no-obligation consultation.