Tractor trailers are a common sight on American highways. These vehicles play a critical part in carrying commerce from one city to another to meet the demands of the United States population. Trucks are essential to our country’s economy, but these huge vehicles can pose a severe risk to other motorists, especially when the trucker or another party is negligent.
Negligence can result in many types of truck accidents. If you suffered an injury in a truck crash recently, speak to a truck accident attorney today about your legal rights and options. They can identify who should be responsible based on the cause of your crash.
What Are The Most Common Truck Accidents?
There are many types of serious truck accidents that injure and kill thousands of Americans every year, and the following are only some examples of these terrifying collisions.
Jackknife Crashes
Commercial trucks consist of a trailer and cab connected by a coupling device. A jackknife crash occurs when the trailer and cab move in different directions and form a 90-degree angle. Jackknife truck crashes often happen when the truck driver brakes too suddenly or the brakes are improperly adjusted. Another common cause is using the brakes too firmly in bad weather. When it jackknifes, the long trailer may block adjacent lanes of traffic or overturn, often colliding with other vehicles and causing injuries.
Many jackknife crashes can be avoided if truck drivers were more careful in bad weather or use more care when braking. Drivers should be liable if their lack of care led to a jackknife and injuries to others.
Rollover Crashes
Rollover truck accidents are common due to a semi-truck’s high center of gravity. They happen when a trucker loses control of their rig on a turn, from a blowout, during braking, or if they hit a curb or object, causing the rig to overturn. In the worst case, the truck driver’s rig can overturn onto another vehicle, crushing it. This can lead to severe or fatal injuries.
Even when rollover accidents happen due to high winds, which no one can control, the driver is usually to blame for failing to slow down or take other precautions in dangerous weather conditions.
Unsecured Load Crashes
Commercial trucks carry tens of thousands of pounds of cargo. If the cargo isn’t loaded or secured correctly, it can shift inside the trailer, causing a driver to lose control. Cargo might also fall out of the truck, causing other drivers to swerve to avoid hitting the cargo.
In some unsecured load accidents, the company that loaded the rig can be at fault if they didn’t follow the correct loading procedures. A truck crash attorney can review the accident and company records to determine if the cargo loader is responsible.
Head-On Crashes
Head-on truck crashes are almost severe and deadly. They happen when the trucker loses control, crosses the median, and runs into another vehicle head-on. These accidents are rare but are usually fatal. Head-on crashes may occur because of driver fatigue at night, distracted driving, and intoxication. Some truckers might get lost and go the wrong way on a highway, leading to a head-on crash.
Rear-End Crashes
Trucks may weigh up to 80,000 pounds. If a truck slams into a passenger vehicle from behind, the resulting crash can be devastating. These accidents can be especially deadly for any passengers in the rear of the vehicle that the truck struck.
Some rear-end crashes happen because of improper braking or brake problems with the truck. If the truck had malfunctioning brakes, a truck crash lawyer can hold the maintenance company or parts manufacturer responsible if they were negligent. Other possible causes of rear-end crashes are poor weather, distracted driving, speeding, and driving under the influence.
Underride Crashes
An underride accident is where a passenger vehicle hits a truck trailer from behind or the side and slides under it. This may happen if the truck stops suddenly or the trucker doesn’t signal when turning. These crashes often cause severe or fatal injuries. Trucks in the US now have underride guards on the sides and rear of trailers to reduce the chances of smaller vehicles sliding underneath.
Blindspot Crashes
Blindspot truck accidents often happen because of lower visibility when the trucker cannot see another vehicle. Large trucks have larger blind spots on the sides and behind. It is the trucker’s job to check blind spots when changing lanes or turning carefully. You can reduce the chances of a blindspot crash by minimizing the time you spend on the sides of a commercial truck on the road. However, it is impossible to completely avoid truck blindspots, so truck drivers must do their duty to check for cars before changing lanes or turning.
Who Is At Fault For A Truck Accident?
You’re injured and out of work after a truck crash, so it’s important to figure out who is to blame so you can seek compensation. Determining fault in a truck crash means finding evidence to prove that a person, party, or company was negligent. A truck accident attorney will carefully look through the available evidence to find out who caused the crash. Then, they will attempt to negotiate a fair settlement with the at-fault party’s insurance company.
Several potential parties may be at fault in a truck accident. There can be more than one liable party:
Trucking Company
The carrier can be responsible for the truck crash if it was guilty of a negligent hiring practice, encouraging the driver to violate hour of service rules, or not properly maintaining the truck. Trucking companies can also be vicariously liable for the negligence of drivers of the company trucks, even in the absence of company negligence.
Truck Driver
The truck driver is often at fault for driving negligently. They may speed, change lanes improperly, drive distracted, lose control of the truck, drive drunk, etc. Most truck accidents involve holding the truck driver at fault for the crash, but the trucking company may also be at fault. Trucking companies must carry large commercial insurance policies, so it’s important to determine if they are partially liable for the accident.
Truck Maintenance Company
The truck maintenance company may be liable for a truck crash if it failed to maintain or repair the cab or trailer correctly. Commercial trucks have complex, heavy-duty parts, so maintenance of a commercial rig is critical to its safety. It is common for both the truck manufacturer and maintenance company to be liable in a truck accident.
Truck Cargo Company
Many don’t realize that the company that loads the truck may differ from the one that owns the truck. If the cargo loading company incorrectly overloads or misloads a trailer and there is an accident, the balance and weight can cause a crash.
Your attorney will review the accident evidence to determine if one or more of the above parties caused the accident. Generally, you and your attorney must prove that the trucker and employer owed you a duty of care, which was violated when the accident happened and injured you. You must also prove that your injuries stem from the accident and that you can be paid damages for your losses.
Should You Sue The Trucker Or Employer?
It depends. Many truck accidents have multiple liable parties.
A truck driver can be liable if they violated a law and you suffered an injury in the subsequent accident. However, their employer can be to blame, too; the legal theory of vicarious liability may be relevant. It means that if the truck driver was working when the crash happened, their employer or truck owner can be at fault, too.
Your truck crash lawyer will review all evidence and determine who to blame for the accident. It may be necessary to sue both the trucker, employer, and other third parties to ensure you receive maximum compensation.
Why Do You Need An Experienced Commercial Truck Accident Lawyer?
If a truck driver or trucking company injures you in a crash, you are at a major disadvantage without an attorney. The carrier and its insurance company will know you have no lawyer, so they will likely offer you a minimal settlement for your losses. Personal injury claims involving trucks are often complicated with serious injuries. It is best to be represented by an experienced truck accident attorney who can negotiate for the most money.
The insurance company also wants to limit its liability. It is common for the insurance company to try to blame the injured for the accident, at least partially. Sometimes, fault in truck accidents is simple but can also be complicated. Aggressive insurance company attorneys may try to blame you for the crash that injured you. That’s another huge reason to always retain a truck accident attorney in a crash.
Don’t Believe Common Truck Accident Myths
You may be seriously hurt after a truck crash, leading you to search online desperately for answers. There’s nothing wrong with educating yourself, but there are many truck accident myths. Don’t fall for the ones listed below. Instead, have a truck accident attorney review your case now for free.
The Insurance Company Will Fairly Pay You
If you think the trucking company’s insurance policy is looking out for you, you are mistaken. The insurance adjuster serves the insurance company, not you. They want to pay you a fraction of what you owe. If the insurance adjuster can get you to accept a $10,000 settlement when you deserve $250,000, they will. The value of a truck crash claim can be in the six or even seven figures, depending on the severity of injuries. A lot of money is usually at stake, so you should fight for the best chance by hiring a lawyer to represent you.
Trucking Companies Aren’t Liable For Their Employees’ Negligence
Wrong. Trucking companies are often liable for their employees' wrongdoings and the injuries caused by accidents. Whether the driver was distracted or speeding, if they injured you in a crash, the employer is probably on the hook. The vicarious liability legal theory states that an employer is liable for an employee’s actions if the employee worked when the accident happened.
Truckers Don’t Cause Accidents
Truck drivers are highly trained and must have a valid commercial driver’s license. They have more training than regular drivers. However, driving a truck safely requires skill, training, and experience. Making a simple left turn safely requires a lot of care and concentration. Trucking companies and truckers may be in a hurry to deliver goods, possibly leading them to cut corners and cause accidents.
Every Truck Driver Is Well Trained
Drivers must undergo training before getting their CDL. New drivers also may pair with experienced truckers for a few weeks before they drive on their own. However, some companies need to be more careful regarding training. These companies may be more likely to hire and poorly train dangerous drivers.
Limited Driving Hours Are Highly Enforced
Federal law requires truckers to take mandatory breaks after certain hours and days on duty. Truckers must document their driving time in an electronic logbook. But drivers can enter fault information in their logbooks. Some truckers keep two logbooks; one is to show the police, and the other is to show them their real driving times. Also, federal laws don’t apply to truckers who only drive intrastate, so it’s possible that a driver can greatly exceed the driving hours allowed under federal law.
Speak To A Truck Accident Attorney Now
Were you seriously hurt in a truck accident? Perhaps you have broken bones, head trauma, burns, cuts and scrapes, etc. You probably cannot work and cannot pay your growing pile of medical and other bills. How will you support your family and heal?
You need fair compensation to recover from your injuries and other losses. If another party caused your truck crash injuries, you shouldn’t have to pay out of pocket for anything. Speak to an experienced personal injury attorney in your community today. The consultation is free, and you won’t pay any out-of-pocket legal expenses.
For years, Galine, Frye, Fitting & Frangos has been fighting for the rights of our clients, recovering millions of dollars for accident victims and their families. We understand the complexities of your case and are here to guide you through every step.
