Truck Accident Lawyer

Truck accidents present a distinct set of challenges and complexities that distinguish them from a typical car accident. The sheer size and weight of commercial trucks can result in catastrophic damage, serious injuries, and even fatalities. 

Addressing the legal dimensions of a truck accident requires a comprehensive understanding of federal and state regulations governing the trucking industry, as well as the intricate dynamics of liability that can involve multiple parties, including the truck driver, the trucking company, and even manufacturers of truck parts. 

An experienced truck accident lawyer is essential to navigate these multifaceted issues, ensuring that victims receive the justice and compensation they are entitled to. 

The Role of a Truck Accident Attorney

When involved in a truck accident, hiring Rosenfeld Injury Lawyers ensures you have experienced advocates fighting for the maximum compensation you deserve. 

Our dedicated team understands the complexities of truck accident claims and works tirelessly to secure damages for medical expenses, lost wages, pain and suffering, and other related costs. With a proven track record of successful settlements and verdicts, we provide personalized legal strategies to achieve the best possible outcomes for our clients.

Here’s how a truck accident lawyer from Rosenfeld Injury Lawyers can help with your case. 

Investigating the Accident

A trucking accident lawyer plays a critical role in thoroughly investigating the circumstances surrounding the accident. This includes:

• Gathering Evidence: Collecting all pertinent information, such as police reports, black box data, and witness statements to build a strong case.
• Preserving Evidence: Ensuring that crucial evidence, like photos of the accident scene, videos, and truck company vehicle inspections, remain intact and are not tampered with or lost.
• Analyzing Data and Determining Liability: Utilizing their knowledge and experience in trucking regulations and accident reconstruction to determine who is at fault for the accident.

Identifying Liable Parties

Accurately identifying who is responsible for the trucking accident is critical. Potentially liable parties can include:

• Truck Driver: Our accident lawyers will assess whether truck driver error, fatigue, or intoxication contributed to the incident.
• Trucking Company: We will investigate the practices of truck companies, including maintenance records and hiring policies, to pinpoint negligence or oversight on the part of the truck company.
• Cargo Loaders: Our truck accident lawyer will determine if cargo was properly loaded and secured according to safety standards.
• Truck Manufacturers: An accident lawyer will examine whether a defect in the truck or its components led to the accident.
• Government Agencies: A truck accident lawyer will evaluate whether road conditions or signage contributed to serious or fatal truck crashes, potentially implicating local or state agencies.

Negotiating with Insurance Companies

Truck accident attorneys are skilled at handling insurance claims and negotiations with the insurance company. Here’s how we help:

• Dealing with Tactics of the Insurance Company: A truck accident lawyer will navigate through policy details and preventing the insurance company from employing tactics that may reduce settlement amounts.
• Fighting for Maximum Compensation: Our truck accident lawyers advocate for the victim’s rights to ensure they receive the full compensation from the insurance company for their truck accident injuries.

Filing a Lawsuit and Litigating in Court

If negotiations with the insurance company do not lead to the desired outcome, the personal injury lawyer will move forward with legal action and filing truck accident lawsuits.

• Representing Clients in Legal Proceedings: A truck accident lawyer will provide strong representation in court, aiming to prove the extent of liability and negligence.
• Proving Negligence and Liability: Using the gathered evidence and professional insights, our truck accident lawyers will work to demonstrate the fault of the responsible parties to secure a favorable verdict or settlement.

The Prevalence and Severity of Truck Accidents

Truck accidents remain a critical issue on American roads, posing significant risks to all road users. The data outlined below highlights the alarming prevalence and severity of these incidents across the United States.

• A total of 5,936 people died in large-truck crashes in 2022.
• The number of deaths increased by 2% from 2021.
• There has been a 49% increase in truck accident fatalities over the last 10 years.
• The majority of deaths in large-truck crashes are occupants of other vehicles (70%).
• Truck occupants account for 19% of motor vehicle fatalities.
• Non-occupants, primarily pedestrians and bicyclists, make up 11% of the deaths.
• The number of injuries from large-truck crashes increased by 3.9% from 2021, totaling 161,000.
• Most injuries occurred to occupants of other vehicles (73%).
• Non-occupants sustained 1% of the injuries [1]

Types of Truck Accident Cases We Handle

Truck accidents can occur in a variety of ways. Understanding the different types of truck accidents is crucial for recognizing the potential causes, consequences, and the legal implications involved. Some of the most common types of truck accidents include:

Jackknife Accidents

When a truck’s trailer swings out to form a 90-degree angle with the cab, it is known as a jackknife accident. This dangerous situation often results from sudden braking, causing the truck to lose control and potentially collide with other vehicles on the road. Jackknife accidents can lead to serious injury and extensive property damage, necessitating a thorough investigation by personal injury lawyers to determine liability. 

Underride Accidents

In underride accidents, smaller passenger vehicles collide with the rear or side of a truck and slide underneath it. These accidents are particularly hazardous due to the potential for severe or fatal injuries to the occupants of the smaller vehicle. 

Override Accidents

Override accidents occur when a truck runs over a smaller vehicle, typically during sudden stops or rear-end collisions. This type of accident often results in significant damage and serious injuries to the occupants of the smaller vehicle. Contributing factors include the size and weight disparity between the truck and the smaller vehicle, as well as potential driver error or mechanical failure. 

Rear-End Collisions

Rear-end collisions involving trucks are particularly dangerous due to the significant force exerted upon impact. These accidents can cause catastrophic damage and severe injuries, especially for the occupants of the smaller vehicle. 

Common causes of these accidents involving commercial vehicles include driver fatigue and distracted driving. Implementing strict adherence to safety regulations and improving driver training can significantly reduce the occurrence of rear-end collisions.

Head-On Collisions

Head-on collisions involving trucks are among the most severe types of traffic accidents, often resulting in devastating outcomes. These collisions occur when a truck and another vehicle travel toward each other and collide head-on, typically at high speeds. Factors contributing to head-on collisions include driver fatigue, impaired driving, and overtaking errors. 

Wide Turn Accidents

Wide turn accidents occur when a truck makes a large turn, often swinging into adjacent lanes or onto sidewalks. These incidents can trap or collide with other vehicles, leading to significant damage and injuries. Contributing factors typically include the truck’s size, driver inexperience, and failure to signal or check blind spots. Improved driver training and adherence to turn signals can help mitigate these accidents.

Blind Spot Accidents

These accidents occur when a truck driver is unable to see other vehicles in the truck’s extensive blind spots, leading to collisions during lane changes or turns. These blind spots, often referred to as “no-zones,” are located directly behind, along the sides, and in front of the truck. Effective measures to prevent such accidents include the use of advanced mirror systems, blind spot detection technology, and comprehensive driver awareness training.

Cargo Spills

Cargo spills occur when improperly secured or overloaded truck cargo becomes dislodged and falls onto the roadway. These spills can create hazardous conditions, leading to traffic disruptions or secondary accidents. Common causes include inadequate securing mechanisms, abrupt turns or stops, and poor loading practices. Enforcing stricter regulations on cargo securing processes and regular inspections can significantly reduce the incidence of cargo spills.

Tire Blowouts

Tire blowouts are sudden failure of a truck’s tires, often resulting in the driver losing control of the motor vehicle. These incidents can be caused by factors such as under-inflation, overloading, or wear and tear of the tires. Tire blowouts pose a significant danger to both the truck and other road users, as they can lead to serious accidents. Regular maintenance checks and proper tire management practices are essential to minimize the risk of blowouts.

Understanding the types of truck accidents is crucial for mitigating their frequency and severity. If you or a loved one has been injured in a truck accident, it is important to seek professional legal guidance to ensure your rights are protected and you receive the compensation you deserve.

Common Causes of Truck Accidents

Truck accidents can occur as a result of various factors. Below are some of the specific causes of truck accidents:

Driver Error

Driver error is a leading cause of trucking accidents, encompassing a range of behaviors and mistakes that can significantly compromise road safety.

• Driver Fatigue: Long hours on the road can lead to driver fatigue, significantly impairing reaction times and decision-making abilities, increasing the likelihood of accidents.
• Distracted Driving: Distractions, such as cell phone usage, eating, or other in-cab activities, divert a driver’s attention from the road, leading to potentially catastrophic accidents.
• Impaired Driving: Driving under the influence of alcohol, drugs, or even certain prescription medications impairs coordination and judgment, severely increasing the risk of accidents.
• Inexperience: Inexperienced drivers may lack the skills necessary to handle large trucks, especially in challenging driving conditions, which can lead to accidents.
• Speeding and Reckless Driving: Excessive speeding and other forms of aggressive driving behavior reduce the driver’s ability to react to unforeseen obstacles or changes in traffic conditions, heightening the risk of an accident.

Trucking Company Negligence

Negligence on the part of trucking companies can also be a significant contributor to truck accidents, as these companies are responsible for ensuring their vehicles and drivers adhere to safety standards and regulations. Here’s how truck companies can be negligent, resulting in a truck wreck and personal injury: 

• Inadequate Driver Training: Insufficient training programs can leave drivers unprepared for handling emergencies or the specific demands of truck driving, leading to increased accident rates.
• Hours-of-Service Violations: Ignoring regulations on maximum driving hours can lead to fatigue and decreased alertness among commercial truck drivers, escalating the chances of accidents.
• Improper Vehicle Maintenance: Failure to maintain trucks properly can result in mechanical failures that contribute to accidents. Regular maintenance and inspections are crucial for ensuring vehicle safety.
• Negligent Hiring Practices: Hiring unqualified or inadequately vetted drivers raises the risk of accidents and can be considered negligence by trucking companies. Proper background checks and stringent hiring standards are essential for ensuring driver capability and reliability.

In some cases, both the driver and truck companies can be liable. Our personal injury lawyers can help you make this determination. 

Vehicle Defects and Malfunctions

Vehicle defects and malfunctions are another critical factor that can cause truck accidents, often stemming from manufacturing flaws or substandard parts. Common issues include:

• Brake Failure: Malfunctioning brake systems reduce a truck’s stopping capability, which can lead to rear-end collisions or other serious accidents.
• Tire Defects: Defective or poorly maintained tires can result in blowouts that cause the driver to lose control of the vehicle, increasing the risk of accidents.
• Steering Problems: Issues with the steering mechanism can make it difficult for the driver to maneuver the truck, especially in emergency situations, leading to accidents.
• Trailer Hitch Issues: Faulty trailer hitches can cause trailers to detach from the truck, creating extreme hazards for other road users and potentially leading to severe accidents.

Road and Weather Conditions

Road and weather conditions play a crucial role in influencing the safety and operability of trucks, often exacerbating the potential for accidents through factors such as:

• Poorly Maintained Roads: Potholes, uneven surfaces, and other road defects can destabilize trucks, causing drivers to lose control.
• Adverse Weather: Severe weather conditions – like rain, ice, snow, and fog – can reduce visibility and road traction, creating challenging driving environments that increase the risk of accidents. Proper training and equipment are vital for safely navigating these conditions.

For those affected by truck accidents—no matter what the cause was—seeking professional legal assistance is essential. After vehicle accidents, the injured party should contact our truck accident lawyers to receive legal support in navigating the complexities of truck accident claims.

Protecting Your Rights After a Truck Accident

Understanding the necessary steps after a truck accident is crucial to protecting your rights and building a strong case. Immediate and well-planned actions can significantly impact the outcome of your claim. Here’s what you should do after a truck accident to support your semi-truck accident claim or truck accident lawsuit: 

Contacting Authorities and Getting Medical Attention

The first step is to contact the authorities and seek medical attention. Ensuring that a police report is filed and a medical exam is conducted is essential for documenting the incident and injuries. These reports serve as foundational evidence that may support your claim in legal proceedings for your commercial truck accident case.

Gathering Evidence

Collecting all available proof from the accident scene is imperative for truck accident cases. This includes taking photographs, obtaining witness statements, and preserving any physical evidence. Accurate and thorough documentation can be invaluable in demonstrating negligence and liability in your case.

Contacting a Truck Accident Attorney

Consulting a truck accident attorney from a reputable law firm as soon as possible can make a substantial difference in the trajectory of your claim. Truck accident attorneys, such as those at Rosenfeld Injury Lawyers, bring a wealth of experience in dealing with the complexities of these cases.

We will guide you through the legal process, advocate for your rights, and work tirelessly to secure the compensation you deserve.

Commonly Liable Parties in Truck Accidents

Identifying the parties responsible for a truck crash is a critical component of a successful claim. Multiple entities can be held liable, each contributing to the cause of the accident in different ways. Understanding who can be held accountable and how each party’s actions may lead to liability is essential in pursuing justice and securing adequate compensation. Here are some commonly liable parties in commercial truck accidents:

A Truck Driver

Truck drivers can be held liable for truck and car accidents due to their direct control of the vehicle. Factors such as truck driver fatigue, distracted driving, impaired driving, and failure to adhere to traffic laws and federal trucking laws can significantly increase the likelihood of an accident. When a truck driver’s negligence or recklessness is determined to be the cause of the accident, they can be held responsible for the resulting damages.

Other Motor Vehicles

Other motorists on the road can also contribute to truck accidents. For instance, sudden lane changes, speeding, or inappropriate braking by other vehicles can create hazardous situations that may lead to collisions involving commercial trucks. In such cases, drivers of other motor vehicles may share liability for the car accident if their behavior caused the semi-truck to lose control or crash.

Bad Weather and Road Conditions

Adverse weather conditions and poor road maintenance are often significant factors in truck accidents. Trucking companies and local municipalities can sometimes be held liable if it’s proven that they failed to take necessary precautions, such as maintaining equipment or ensuring roads are safe for travel, contributing to the accident.

In any of these truck accident cases, thorough investigations are crucial in determining liability and ensuring that responsible parties are held accountable.

Seeking Compensation After a Truck Accident

Navigating the aftermath of a truck accident often involves seeking compensation for the damages incurred. Victims of truck accidents may be entitled to various types of damages, depending on the specifics of the incident and the extent of their losses.

Types of Damages

When pursuing a claim, it is essential to understand the various types of damages that victims can seek compensation for. The most common types include:

• Medical Expenses (Past, Present, and Future): Medical bills are usually the most immediate concern following a truck accident. These costs can encompass emergency room visits, hospitalizations, surgeries, medication, rehabilitation, and any necessary ongoing medical care. Compensation should cover both the current and anticipated future medical needs related to the accident.
• Lost Wages and Earning Capacity: Truck accidents can lead to significant time away from work, resulting in lost wages. Additionally, if the injuries sustained limit the victim’s ability to work going forward, compensation may include lost future wages and loss of earning capacity. This calculation often takes into account the individual’s career path, age, and health prior to the accident.
• Pain and Suffering: Pain and suffering refer to the physical discomfort experienced as a result of the accident. These damages are more subjective and require thorough documentation and expert testimony.
• Emotional Distress: Beyond physical pain, truck accident victims may also experience severe emotional trauma. Compensation can be sought for conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD), which may require psychological treatment.
• Disability and Disfigurement: When a truck accident results in permanent disabilities or disfigurement, the victim may be entitled to additional damages. These can include costs for adaptive equipment, home modifications, and the profound impact on the victim’s quality of life.
• Wrongful Death (In Fatal Truck Accident): In tragic cases of fatal truck accidents, surviving family members may pursue wrongful death claims with the help of truck accident lawyers. Compensation can cover funeral and burial expenses, loss of companionship, and financial support the deceased would have provided.

Proving Damages

Proving damages requires substantial evidence that truck accident lawyers can help you obtain. Documentation and evidence needed for a strong truck accident case generally includes the following:

• Medical Records: Detailed medical records are essential to establish the extent and nature of injuries sustained. These records should comprehensively outline treatment plans, surgeries, medications, and rehabilitation efforts.
• Expert Testimony: Expert opinions from medical professionals or vocational experts, for example, can provide authoritative insights into the victim’s condition and the long-term impact of the injuries on their life and career.
• Financial Documentation: Financial documentation, such as pay stubs, tax returns, and employment records, can be used by truck accident lawyers to substantiate claims for lost wages and diminished earning capacity. These records are critical in calculating the economic impact of the accident on the victim’s life.

Proving Negligence in Truck Crash Claims

Establishing negligence in truck accident cases is essential to securing compensation in semi-truck accident claims. The process involves demonstrating that the truck driver or another party was responsible for the accident and your injuries. The four elements of negligence that must be proven by the trucking accident law firm and the injured party are:

1. Duty of Care: The plaintiff must show that the truck driver or trucking company (or other defendant) had a legal obligation to ensure the safety of others on the road. This includes following traffic laws, adhering to commercial trucking industry regulations, and maintaining the truck in a safe and operable condition.
2. Breach of Duty: It must be demonstrated that the defendant breached this duty through their actions or omissions. Examples specific to trucking accidents include driving while fatigued, failing to properly secure cargo, or negligent truck maintenance.
3. Causation: The plaintiff and their truck accident lawyer must establish a causal link between the defendant’s breach of duty and the injuries sustained. This means proving that the truck driver’s or trucking company’s negligence directly resulted in the accident and the subsequent injuries. For instance, showing that improper loading led to a cargo spill that caused a multi-vehicle collision.
4. Damages: The plaintiff must prove that they suffered actual damages – like medical expenses, lost wages, and pain and suffering – as a result of the accident. Specifically, this could involve presenting medical bills, evidence of missed work, and documentation of physical and emotional trauma experienced due to the truck accident.

Statute of Limitations for Truck Accidents

The statute of limitations for filing a lawsuit following a truck accident varies significantly by state. This legal deadline sets the maximum time after an accident within which affected parties must initiate legal proceedings. Generally, the statute of limitations ranges from one to six years, depending on the state where the accident occurred.

It is critical for victims to be aware of these varying deadlines, as failing to file within the legally allotted time can result in forfeiture of the right to seek compensation. Keep in mind that this does not relate to claims with an insurance company. Those have different deadlines and generally should be filed sooner.

Given the complexity and diversity of state laws, consulting with experienced legal professionals as soon as possible is highly advised to ensure that personal injury claims are filed on time and in accordance with specific state regulations. 

Contact a Skilled Truck Accident Lawyer Today!