Have you or someone you love been injured in an accident involving a commercial truck? You may have the right to collect financial compensation. Contact Burg Simpson for a free case evaluation.
Every year, around 500,000 truck accidents are reported in the United States. The number of commercial truck accidents is around 6.5% of total accidents reported in our country annually. Around 28% of auto accidents involving trucks end in injuries. More than 4,000 every year are fatal truck accidents.
Being involved in a truck accident can profoundly impact your life. There is a significant chance that you will have to undergo some form of medical treatment. Many truck accident victims have to go through surgery and spend months going back and forth to therapy and rehabilitation. In addition, these accidents often result in significant lost wages and towering medical expenses. Unfortunately, many people who get injured in truck accidents do not know where to go for help.
If you were hurt in a truck accident, it is important that you have a skilled legal team in your corner to ensure you are able to get justice. Reaching out to our truck accident lawyers at Burg Simpson right away can make all of the difference when it comes to your ability to get justice.
Common Causes of Serious Trucking Accidents
Truck accidents take place for a variety of reasons. In most cases, some form of negligence played a role in the accident occurring. Some of the most commonly cited reasons for commercial trucking collisions include:
- Driver fatigue: Truck drivers are frequently under pressure to work excessive hours. In spite of regulations mandating rest periods for truck drivers, some drivers simply don't ignore them. Unfortunately, fatigued driving is the cause of more than 50,000 injuries and over 600 deaths every year in the United States.
- Distracted driving: Driving while distracted can be incredibly dangerous for any driver. For those behind the wheels of larger semi-trucks, it can be disastrous. Distractions, such as food or cell phones, can take the attention of a driver off the road and cause them to miss other vehicles, signs, or important cues on the road ahead.
- Intoxicated driving: The Federal Motor Carrier Safety Administration (FMCSA) mandates that commercially licensed drivers must not have a BAC higher than 0.04%. This is half of the blood alcohol concentration limit of 0.08% for all other motorists. Drivers of commercial trucks are not allowed to consume alcohol within four hours of getting behind the wheel. Unfortunately, there are many instances where inebriated drivers have caused truck crashes.
- Reckless driving: Reckless driving actions can lead to tractor trailer accidents. This can include truck drivers who tailgate, weave between lanes, or even travel at too high a speed.
- Poor vehicle maintenance: Adequate truck maintenance is critical to ensure the tractor-trailer's safe operation. Truck companies failing to perform routine maintenance on their vehicles can lead to accidents due to brake failure or other problems that are wholly preventable.
- Inclement weather conditions: Inclement weather conditions can severely impact a driver's ability to maintain control of their vehicle. When the road is icy or wet, a truck can lose traction and skid out of its lane. Heavy fog and heavy rain conditions can severely impact a driver's line of sight while behind the wheel and lead to serious accidents.
- Poor cargo loading: When trucks are not loaded correctly, it can result in the cargo trailer tipping over and spilling out. A semi truck's trailer load can easily weigh in at tens of thousands of pounds. Improper loading increases the risk of the load falling off the vehicle or of the truck tipping, jackknifing, or crashing due to an off-center distribution of weight.
- Road hazards: Road hazards can cause serious commercial motor vehicle accidents to occur. When there are hazards on the road, truck drivers may have to take evasive actions in order to avoid striking them. Swerving, skidding, or evening rolling over can result from road hazards, which can be detrimental for truck drivers and other vehicle operators sharing the road.
- Drivers who are not properly trained to operate the vehicles: Truck drivers are required to undergo testing and training routinely. When they fail to do so, they are more likely to engage in actions that can directly lead to truck accidents taking place. Inadequate training can leave drivers unaware of how dangerous some of the actions they engage in while behind the wheel truly are.
- Negligent hiring practices: When a trucking company hires a new driver, it is important that they confirm that the truck driver is adequately trained to operate the vehicle. They must also verify that the driver has the correct license to operate the vehicle. When truck companies fail to verify that the driver is qualified to operate the vehicle, they can be held liable for negligent hiring practices.
Any type of driver error can have devastating consequences for others sharing the road. Regrettably, these acts of negligence can lead to several types of truck-involved car accidents that bring with them life-changing injuries.
Common Injuries From Truck Accidents
The aftermath of a truck accident can be traumatic for everyone involved. You can never adequately prepare yourself for the possibility of sustaining injuries so severe that they require ongoing medical attention. Having to deal with the towering costs of care and the loss of wages adds insult to injury.
Burg Simpson's truck accident attorneys have assisted thousands of clients in obtaining compensation after suffering injuries in accidents involving large trucks. Some of the most frequently reported injuries among our clients who have been involved in truck accidents include:
- Cuts and abrasions
- Back injuries
- Neck and soft tissue injuries
- Permanent scarring
- Broken bones
- Traumatic brain injuries (TBIs)
- Loss of limbs
- Internal organ damages
- Burn injuries
- Spinal cord injuries
- Head injuries
Unfortunately, these and other serious injuries can result from any type of truck accident. In addition to physical pain and suffering, we often see injury victims left with serious mental and emotional injuries as well. These include:
- PTSD (Post-traumatic Stress Disorder)
- Loss of life enjoyment
- Much more
If you are an injured party in a truck accident that was caused by driver error or another act of negligence, you should take legal action right away. You have the right to hold those who caused your truck accident accountable by filing a truck accident claim.
Having a better understanding of the type of truck accidents that are commonly reported can help you better understand the cause of your crash and who is responsible for it. Below we have outlined some of the most commonly occurring types of truck crashes.
Common Types of Truck Accidents
Truck accidents are reported every day in the United States. Many of these crashes have life-changing consequences for those involved. Even though no two accidents are alike, there are several types of crashes with commercial vehicles that we see take place far too often. Some of the most common types include:
- Rollover truck accidents: Statistics show that rollover truck accidents account for between 4% and 5% of total fatal trucking accidents in the United States each year. These accidents are often caused by drivers speeding around curved roads or having improperly loaded cargo.
- Rear-end collisions: Around 20% of trucking accidents reported each year are rear-end collisions. These accidents often involve brake failure, drivers who are distracted, and other acts of negligence. When semi-trucks crash into the rear ends of other vehicles, it causes severe damage and destruction.
- Head-on collisions: A head-on collision is one of the deadliest types of truck crashes that occur. When a semi-truck crashes head-on into a second vehicle, it can cause severe damage and death. Those who survive head-on truck and car accidents are often left with severe injuries that require life long care.
- Jackknife truck accidents: Statistics from the FMCSA show that around one out of every twenty truck accidents involves a jackknife. These accidents can result in entrapment and serious injuries for those involved.
- T-bone accidents: T-bone accidents account for roughly 13% of truck and car accidents reported every year in the United States. These accidents can be especially devastating when semi-trucks are involved. T-bones with semi-trucks can result in vehicles getting trapped under their trailers or completely overturning.
- Sideswipe accidents: Truck accidents involving sideswipes account for around 10% of total truck accidents reported annually. These accidents are often a result of drivers who fail to adequately signal before switching lanes. Additionally, they can occur as a result of drivers who fail to maintain a single lane of travel.
- Wide-turn accidents: These accidents occur when the truck driver makes a wide left turn. The trailer of the truck can enter into other lanes and strike other vehicles nearby. These accidents can be incredibly devastating and leave other motorists on the road with serious injuries that require immediate and ongoing medical care.
After an accident, an experienced truck accident lawyer from Burg Simpson can help you protect your legal rights by taking action against the responsible party or parties. Our dedicated truck accident attorney will investigate your crash and help with determining liability so you can take legal action against all those who are responsible for your injuries and damages.
Liable Parties in a Truck Accident
Those who suffer injuries in truck accidents can pursue legal action against the responsible party. Large truck accidents can be far more complex from a legal standpoint due to the fact that several parties can be held liable for the damages that you have suffered. Identifying who is liable for your accident can help ensure that you get the maximum compensation possible for your losses.
Several parties are routinely identified in these accident claims. Potentially responsible parties for your accident include:
- Truck drivers: If the truck driver acted negligently while behind the wheel, they could be held liable for any damage they caused. Some common factors in large truck accidents caused by driver behaviors include distracted driving, drivers who are impaired, and drowsy drivers.
- Trucking companies: If the truck company did not properly vet the drivers that they have operating trucks for them, they could be held liable for any serious injury or fatal crashes that occur. Furthermore, if a trucking company was found to be negligent in maintaining their vehicles, they can also assume liability if the accident was caused by something that could have been prevented with adequate maintenance, such as brake failure.
- Manufacturers: If manufacturers of large commercial trucks use defective or malfunctioning parts, and these defects are determined to be the cause of a truck accident, the manufacturer can be held liable for any resulting damages.
- Maintenance companies: If semi-truck crashes are found to be caused by inadequate maintenance, the company that was in charge of maintaining the tractor-trailer can be sued for compensation.
- Truck owners: If truck drivers use vehicles that other parties own, the party who owns the vehicle can be held liable in some instances. Generally, a truck owner assumes liability for an accident if they allowed a person to operate their vehicle that was not licensed or experienced to do so.
A thorough investigation will be needed to determine who is liable for your injuries and damages. In order to prove liability, you will need to demonstrate that the elements of negligence were present at the time of your crash. This includes proving:
- The duty of care: Every motorist on our roads has a responsibility to act in a way that does not impact the lives of those around them. As a driver, you owe a duty of care to other drivers on the road to drive carefully and in a way that does not endanger others.
- The breach of the duty: Once you've established that the defendant had a duty of care to you, you must show that they breached that duty by engaging in some type of reckless action. This may indicate that they were speeding, drinking and driving, or otherwise acting maliciously or irresponsibly behind the wheel.
- The breach caused the crash: You must next show that the truck-involved car accident was a result of the breach of the duty of care. In other words, you must show that the accident would not have happened if the defendant hadn't been driving recklessly.
- The crash caused damages: Finally, you must show that the truck accident was the cause of the damages that you have suffered. Our truck accident lawyers at Burg Simpson will collect and present evidence that damages were sustained. This mostly consists of things like medical bills, documentation of lost wages, and other evidence.
Seeking guidance from a knowledgeable personal injury attorney at Burg Simpson early on can help ensure you can get justice after your truck accident. It is undeniable that truck accident cases tend to be more complex, which is why it is crucial to have an experienced truck accident lawyer by your side through the legal process.
Truck Accidents are More Complex
Semi-truck accidents are much more complicated than other types of automobile collisions. In these kinds of cases, multiple defendants may share responsibility for the victim's losses. The size and weight of semi-trucks compared to other vehicles on the road add an extra layer of complexity. The total weight of a loaded semi-truck can exceed 80,000 pounds. As a result, victims of collisions with these massive motor vehicles are at a much higher risk of suffering catastrophic or fatal injuries due to the force of the impact.
Due to the fact that several parties can be liable, and the fact that more generous insurance company policies generally cover commercial vehicle drivers, the amount of compensation that a victim is able to recover is often significant. Having a strong and knowledgeable truck accident lawyer by your side throughout the legal journey can provide you with the best chance to get the maximum compensation possible for your case.
What Damages are Available after a Truck Accident?
Being involved in a commercial truck accident can have a severe impact on your life. In many cases, injury victims are left with physical and emotional pain and suffering. To make matters worse, they often face significant financial consequences as well. After being hurt in an accident with a truck, remember that you have the right to file a truck accident lawsuit against those who are responsible.
Your truck accident case can help you recover compensation for various damages that you face after your commercial motor vehicle crash. This can include financial compensation for:
- Lost wages: Lost wages from time off work to attend medical appointments, care for injuries, and recovery are compensable for those hurt in semi-truck accidents. To determine the total amount you are eligible for, the number of hours you missed from work while recovering from your injuries is multiplied by your hourly wage. You may also be able to recover any lost money from bonuses or other earnings you would have been entitled to had you been able to work.
- Lost earning capacity: When an accident involving a commercial truck leaves a person unable to return to work, that person is entitled to financial compensation for their loss of future earnings. In order to accurately calculate the amount of lost earnings, it is usually based on the person's career before they were injured, their level of education, promotion potential, inflation, and other factors. This can get complicated, which is why it is so important to work with one of the nation’s best truck accident lawyers. At Burg Simpson, we know how to source the best experts to help establish evidence for your total lost earning capacity.
- Medical bills: The victims of negligent and reckless drivers are entitled to full and fair compensation for all of their medical expenses, both past and future. Compensation for medical care, diagnostics, medications, therapy, and other related expenses are commonly requested in personal injury cases filed by victims of commercial truck accidents.
- Property damage: When a semi-truck crashes, the involved vehicles usually incur severe damage. In some cases, vehicles may be destroyed beyond repair. To get their clients back on the road as soon as possible, our experienced truck accident attorneys work tirelessly to secure full and fair compensation to cover the costs of replacing their vehicles and address any other property damage that occurred.
- Pain and suffering: When involved in an accident with a semi-truck, victims frequently sustain physical and emotional harm. This is why personal injury law allows those injured in truck accidents to seek compensatory damages by filing a personal injury lawsuit against the liable party. The amount of compensation you can recover for your truck accident case will be determined by the impact that your injuries, medical care, and other aspects of your crash have impacted your life.
- Loss of enjoyment of life: Being harmed in a serious commercial vehicle accident can impact nearly every aspect of your life. Many victims are unable to get back to their normal way of life. For this reason, they have the ability to seek compensation for the loss of enjoyment of life that their accidents and injuries have caused.
- Loss of consortium: If your accident has caused strains in your relationship with your spouse, children, or others close to you, a claim for the loss of consortium is possible. This type of damage can compensate an affected party for the loss of love, relations, and support that they experienced in the aftermath of a truck accident.
Filing a truck accident lawsuit as quickly as possible after your accident is critical. A statute of limitations applies to all personal injury cases, which applies to truck accidents. The statute may vary depending on which state you were in when the accident occurred, so check with an attorney as soon as possible after the crash.
Our semi-truck accident lawyers at Burg Simpson can meet with you for a free consultation as soon as possible to discuss your case and to get started on helping you make a full and fair financial recovery after being hurt in a truck accident due to the negligence of another motorist.
A Personal Injury Attorney Can Help
An experienced truck accident lawyer can help to determine who is liable for your crash and hold them accountable. Although there is a two-year statute of limitation for those injured in truck accidents to take legal action in most cases, waiting even a few months can result in lost evidence, which can negatively affect your ability to prove your case. For this reason, it is important that you seek legal guidance by scheduling a free consultation as soon as possible with a seasoned legal team in your area.
For decades, our dedicated and knowledgeable truck accident lawyers at Burg Simpson have represented victims and families across the nation who have been affected by major crashes involving commercial trucks. Our team will do everything in our power to ensure your family is able to hold the negligent motorist accountable for your injuries and damages.
For a free consultation and to get started on your case, reach out to our truck accident lawyer
today by calling 888-895-2080. Our lawyers handle truck accident cases on a contingency fee basis, so you never have to pay any lawyers' fees or other costs upfront. Call now to get started on your road to justice.