Causes of Truck Accidents
Gregg Hollander | September 16, 2024 | Truck Accidents
Roadways are the embodiment of controlled chaos, and the slightest lapse in judgment or unexpected hazard can cause an accident. Trucks are especially prone to collisions, as they are unusually complicated vehicles whose weight and many components demand frequent inspection and caution by the truck driver.
Some common causes of truck accidents include driver error, negligence by trucking companies (which comes in many forms), defects in the truck (or another motor vehicle), and dangerous road conditions. Those involved in truck accidents should hire a seasoned truck accident attorney to identify the cause and fight for a fair financial recovery.
Common Truck Accident Causes: Drivers, Defects, Dangerous Roads, and More
The cause of your accident will be critically important to any insurance claim or lawsuit you pursue. In fact, it can dictate whether you receive compensation from others and how much compensation those parties owe you.
Your attorney will consider that the liability and cause of your truck accident can lie with:
- A truck driver: More than 120,000 trucks were involved in accidents that caused at least one injury in 2022. In many of those accidents (if not most), a driver did something to cause the collision. A truck driver who speeds, fails to maintain a safe distance from other vehicles, drives while impaired, or engages in any other dangerous act can be liable when a collision happens.
- A vehicle manufacturer: As you can tell from looking at them, trucks have more components than the typical passenger vehicle. This means there are more opportunities for defects, and the slightest defect can lead directly to a catastrophic accident. Your attorney may sue any vehicle manufacturer whose negligence contributed to your truck collision.
- A trucking company: A trucking company can be liable when its employees (including drivers) cause an accident. Many failures by trucking companies can also lead to collisions.
- A municipality: Municipalities are often liable for the safety of roadways. Maintaining safe driving conditions requires constant attention and immediate responses to hazards, and failures in this respect can cause truck accidents.
- Another party: Your lawyer must investigate the unique circumstances of your truck accident to determine why the collision happened. They will identify any party whose negligence caused the accident or who is otherwise liable for your damages.
Truck drivers and trucking companies are held to a high standard, as they should be. The heaviest trucks weigh up to 80,000 pounds, meaning they are life-threatening hazards when drivers, trucking companies, and other responsible parties act carelessly.
Allow a lawyer to determine whose failure led to your accident. Your attorney will then create a case in which they demand fair compensation for you.
Negligence Is the Common Theme Between the Many Causes of Truck Accidents
As your lawyer evaluates your accident and establishes liability, they will look for signs of negligence. There are two types of negligence in particular that attorneys must consider when handling truck accident cases, which are:
Negligence by Truck Drivers
Whenever a truck hits another vehicle, it’s natural to wonder if the truck driver is responsible. After all, motorist error is (by far) the most likely cause of any given accident.
A truck driver may be liable for an accident resulting from:
- Tailgating
- Speeding
- Merging into an occupied lane
- Disregarding traffic lights, stop signs, yield signs, and other signals
- Driving while tired (which is a common problem among drivers on the road for many consecutive hours)
- Driving too fast for road or weather conditions
Truck drivers must also inspect their vehicles regularly, ensure that cargo is secured, and respond immediately to warning lights and other indications of possible defects. Your attorney will examine the truck driver’s actions and identify any negligence on their part.
Negligence by the Trucking Company
Whether or not a truck driver was negligent, your lawyer will also evaluate the actions (and possible failures) of the truck driver’s employer. Some types of negligent by trucking companies that can contribute to accidents include:
- Hiring drivers or other employees who are unfit for any reason (whether they lack credentials, have health issues, or have other shortcomings)
- Failing to closely monitor drivers’ habits and discipline those who endanger others
- Failing to monitor drivers’ use of drugs (including illicit and prescribed drugs) and alcohol
- Not ensuring all vehicles and cargo trailers are roadworthy
- Not leveraging technology, including cameras and speed-limiting devices, to reduce the likelihood of accidents
Truck accident lawyers can quickly recognize instances of negligence by trucking companies. Allow an attorney to investigate your collision and hold any negligent trucking company accountable.
Know What to Do After Your Truck Accident
Though truck accidents vary in their severity and every victim faces unique circumstances, there are two steps that every truck accident survivor should take:
- See a doctor as soon as possible: Injuries resulting from truck accidents are not always immediately obvious, with whiplash being an example of an injury that can take some time to present symptoms. It’s wise to assume you have suffered an injury and seek a doctor’s services as soon as possible. Explain that you have been in a collision and insist on a thorough evaluation.
- Hire a truck accident lawyer with a history of results: Whether or not you believe you have suffered injuries, speak with a truck accident attorney. Consultations are free, so there is no risk in contacting law firms serving your area.
A law firm will gather the facts of your accident, explain whether you have grounds for a claim or lawsuit, and may offer its services. A truck accident attorney can be particularly helpful if you have suffered an injury, as injuries can significantly increase the cost of a traffic accident.
Has Your Loved One Passed Away Because of a Fatal Truck Accident? Do This.
Trucks far outweigh most other vehicles on the road. This weight disparity means that death is always a possibility when a truck accident occurs. If you have lost a loved one, you are likely more than occupied with your grief, but you are also entitled to a fair legal outcome.
You should consult an attorney following a fatal truck accident. A law firm can be a priceless resource after a tragic loss. Your lawyer will lead a wrongful death case on your behalf, which should allow you to focus the necessary time and attention on your mourning process.
Truck Accident Lawyers Handle the Fight for Justice (While You Focus on You)
Once you hire a law firm, expect your attorney to manage every detail of your case. Though truck accident attorneys create customized plans for each case they handle, your lawyer will likely:
Obtain All Relevant Evidence (Including from Any Liable Trucking Company)
A trucking company that you are suing may have evidence that favors your case, including:
- Data from the truck’s onboard computer (known as a black box)
- Service records
- The driver’s employment records
- Photographs of damage to the truck
A truck accident lawyer can file a legal letter demanding such evidence. Your lawyer will also secure any video footage, witness accounts, and other evidence supporting your case.
Secure Proof of Your Recoverable Damages
Your legal team will show how your accident has affected you and may secure:
- X-rays, photographs, MRIs, and other images of your injuries
- Doctors’ documentation of your injuries and symptoms
- Medical bills
- Bills related to the repair or replacement of your vehicle
- A mental health professional’s diagnosis of post-traumatic stress disorder (PTSD) and any other pain and suffering you endure
Your lawyer will secure documentation for every accident-related damage you’ve experienced.
Deal with Insurers (and Everyone Else Involved in Your Case)
Insurance companies may quickly emerge as part of your case. Trucking companies almost always have robust insurance, but insurance companies may:
- Blame you for the truck accident
- Claim that certain injuries happened before the accident
- Estimate your losses at a lower-than-fair value than
- Extend a lowball settlement
- Refuse to negotiate in good faith
Insurance providers are for-profit companies, often leading them to engage in bad-faith tactics. A truck accident lawyer will deal with such tactics so you don’t have to, and so that insurance providers cannot undermine your claim.
Establish Their Settlement Target (and Negotiate Hard for Your Financial Recovery)
Your attorney will calculate the exact financial value of your losses. Your legal team will present their settlement demands to any liable insurance companies.
An experienced attorney can negotiate confidently. If insurance companies that owe you money do not take your lawyer’s demands seriously, your legal team can initiate a lawsuit on your behalf.
Guide You Through Any Necessary Lawsuit and Trial
Many truck accident victims receive fair settlement offers from insurance companies, accept the offer, and move on. In other cases, insurance companies refuse to offer a fair settlement, leading the accident victim to file a lawsuit against liable parties.
If you and your legal team decide to file a lawsuit, trust your attorney to lead you through the legal process. Whether your lawyer negotiates a settlement or takes your case to court, they will demand fair compensation for you.
Damages That May Be Part of Your Truck Accident Claim or Lawsuit
You will hire a lawyer to obtain fair compensation for your damages—there will be no ambiguity about the mission. This means your lawyer will gain an in-depth understanding of those damages, which may include:
- Medical costs
The sheer force of a truck colliding with your vehicle is likely to cause injuries. In order to diagnose and treat your accident-related injuries, you may need emergency services, hospitalization, imaging services, and many other forms of medical care.
Your attorney will document all your medical care, determine if you will need future medical services, and demand fair compensation from liable parties.
- Pain and suffering
The experience of a truck accident can be traumatic. You may face post-traumatic stress disorder (PTSD), nightmares, physical pain, and other difficulties related directly to the accident.
Injuries can also cause pain and suffering. Chronic pain, loss of physical abilities, depression, scarring, and other injury-related challenges can qualify as pain and suffering (and entitle you to compensation).
- Professional harm
You deserve fair compensation for any lost income, diminished earning capacity, lost bonus opportunities, and other professional damages resulting from your truck accident. A lawyer will include these damages in their settlement demands.
- Property expenses
If your vehicle, clothing, phone, or other property became damaged during the truck accident, your legal team will seek compensation for repairing or replacing the property.
Some Questions to Consider After Your Truck Accident
You will have the chance to ask a truck accident lawyer (or a law firm’s team member) questions during your free consultation. In the meantime, you should consider some of the questions that truck accident victims often have for their attorneys:
When Should I Hire My Truck Accident Lawyer?
Don’t wait to hire your attorney. Truck accident attorneys are always available, and you should research firms serving your geographic location. You can find an attorney through online research, recommendations from those you trust, and local ads.
What Happens If I Wait to Hire My Lawyer?
Waiting to hire your truck accident lawyer may:
- Cause you to miss the deadline for filing a lawsuit (known as the statute of limitations)
- Weaken your case, especially if useful evidence is lost because you wait to hire a lawyer
- Prevent you from securing all the compensation you deserve
Find a qualified law firm and let your attorney start fighting for the compensation you deserve today.
How Long Will My Case Take?
There is no means of projecting your case’s timeline. However, you can be sure your lawyer will work to obtain a fair settlement or jury verdict as soon as possible.
Hire Your Truck Accident Lawyer as Soon as Possible
Allow a lawyer to use their experience, financial resources, and legal training in your favor. Truck accident cases are unique and can be challenging in several ways. You do not have to face this overwhelming situation alone. Let a personal injury lawyer lead your insurance claim or lawsuit while you recover from your injuries.