Truck accidents can be catastrophic, leading to severe injuries, significant property damage, and even fatalities. When a truck accident occurs, victims often face extensive medical bills, missed time at work, and long-term consequences.
If you’re involved in a truck accident, you may be entitled to seek compensation through a lawsuit. A Florida truck accident attorney can explain your rights and the types of damages you can receive and protect your rights as they fight for a just resolution on your behalf.
How Do Most Truck Accidents Happen?
Truck accidents can result from various factors, often involving a combination of human error, mechanical failure, and environmental conditions. Determining the cause of a truck accident is important for a case, as it can help establish liability. Some of the most common causes of truck accidents include:
Driver Fatigue
One of the leading causes of truck accidents is driver fatigue. Long-haul truck drivers often work extended hours to meet deadlines and earn higher pay. Fatigue can impair judgment, reaction time, and decision-making abilities, leading to dangerous situations on the road.
Distracted Driving
Like all drivers, truck drivers can be distracted by mobile phones, GPS devices, or in-cab technology, among other things. A distracted truck driver is more likely to miss important signals, such as stop signs, traffic signals, or vehicles slowing down, leading to serious collisions.
Driving Under the Influence
Commercial truck drivers are prohibited from driving under the influence of alcohol or drugs. However, some drivers may still engage in impaired driving, significantly increasing the likelihood of accidents.
Reckless or Aggressive Driving
Speeding, tailgating, and aggressive overtaking are common reckless behaviors that truck drivers often engage in. Large trucks require more time and space to stop, making aggressive driving especially dangerous.
Poor Truck Maintenance
Mechanical failure is another common cause of truck accidents. Failure to properly maintain or inspect the truck, including brakes, tires, and the engine, can lead to sudden malfunctions while on the road. It can cause the driver to lose control of the vehicle and cause a serious, or even fatal, accident.
Improper Loading or Unsecured Cargo
If the cargo on a truck is improperly loaded, it can cause the vehicle to become unbalanced or unstable. Unsecured cargo can shift during transport, leading to a rollover or collision with other vehicles on the road.
Inadequate Driver Training
Accidents are more likely to occur if a driver has not received adequate training on how to handle a large vehicle or how to deal with difficult driving conditions. Poor training can also include a lack of awareness of safety regulations, which are critical in the trucking industry.
Hazardous Road Conditions
Uneven roads, lack of signage, and large potholes are just some of the hazardous road conditions that can contribute to trucking collisions. Truck drivers may have a harder time navigating when roads are unsafe, which can result in collisions.
Injuries Common to Trucking Collisions
Given the size and weight disparity between commercial trucks and passenger vehicles, truck accidents often result in catastrophic injuries. Injuries from truck crashes can be life-altering and often require extensive medical treatment, which is costly and impacts the value of a case.
Common injuries sustained in truck accidents include:
Traumatic Brain Injuries
Truck accidents can cause severe head injuries, ranging from concussions to more serious traumatic brain injuries. These injuries can result in long-term cognitive impairment, memory loss, and even permanent disability.
Spinal Cord Injuries
Spinal cord injuries are another significant concern, particularly in high-impact truck accidents. These injuries can lead to partial or total paralysis, requiring extensive medical care and rehabilitation.
Broken Bones and Fractures
The force of a truck collision can cause broken bones, ranging from smaller fractures to compound fractures that require surgical intervention and rehabilitation.
Internal Injuries
Internal injuries to organs such as the liver, kidneys, and lungs can occur from blunt force trauma in a truck accident. These injuries can be life-threatening and often require immediate surgical treatment.
Burns
In some truck crashes, particularly those involving hazardous materials or fuel truck accidents, victims may suffer severe burns. These burns can cause lifelong scarring and disability.
Whiplash and Soft Tissue Injuries
Whiplash is common in rear-end collisions and can result in neck and back pain, headaches, and long-term discomfort. Other soft tissue injuries, such as torn ligaments or muscles, can also occur in trucking collisions.
Amputations
In particularly violent truck accidents, victims may lose limbs due to crush injuries or the force of the impact. Amputations can significantly alter a person’s life, leading to ongoing medical care and emotional distress.
Who Can Be Held Liable in a Truck Accident Case?
When pursuing a truck accident case, it’s crucial to identify the parties that may be liable for the accident, as they are financially responsible for your damages. Because truck crashes can be more complex, liability may fall on multiple parties, depending on the cause of the accident.
The Truck Driver
If the truck driver’s actions (such as driving under the influence, reckless driving, or fatigue) directly caused the accident, they can be held liable for the damages. Commercial truck drivers are expected to adhere to strict safety regulations, like hours of service regulations, and violating those rules can lead to fault.
The Trucking Company
In many cases, the trucking company that employs the driver may also be held responsible. Companies are required to ensure that their drivers are properly trained, follow safety regulations, and maintain their vehicles in good working condition. If the company failed in any of these areas, it could be liable for the accident.
Vehicle Manufacturers
If the truck accident was caused by a mechanical failure, such as defective brakes or faulty steering, the truck manufacturer or its parts may be held liable. In addition, other parties, like product designers and distributors, can be responsible.
Maintenance Providers
If a third-party service provider neglected or improperly performed the truck’s maintenance, that company may be held responsible for the accident. Proper inspection and maintenance are essential to preventing accidents caused by mechanical failures.
Cargo Loaders
If the truck was improperly loaded, causing the driver to lose control or the cargo to shift, the party responsible for loading the truck can be held liable. It includes third-party companies hired to load cargo or the trucking company itself.
Governmental Entities
In some cases, government entities may be liable for accidents caused by poorly maintained roads, inadequate signage, or hazardous road conditions. If a road defect caused the accident, a lawsuit may be filed against the relevant local, state, or federal agency.
Do You Need to File a Lawsuit to Obtain Compensation After a Truck Accident?
You may have multiple options when you’re hurt in a truck accident and wish to pursue compensation. You may or may not need to file a lawsuit based on the situation.
In some cases, you may have the option of filing an insurance claim against the at-fault party’s insurance or your own. If you can secure enough compensation with your insurance claim, you won’t need to proceed with a lawsuit. However, if you’re unable to get the financial recovery you need, or the liable party is uninsured, you might need to move forward with a lawsuit.
Following a commercial truck crash, consult a knowledgeable truck accident attorney as soon as possible. A lawyer can thoroughly review the details of your case to determine the best course of action. Should your situation require filing suit, your lawyer can handle all aspects of your case and work diligently to get you the compensation you deserve.
What Can You Sue for in a Truck Accident Case?
When you’re involved in a truck accident, there are several types of damages that you can sue for. These damages generally fall into two categories: economic and non-economic damages.
Economic Damages
Economic damages represent the financial losses you experience from your collision and injuries. These damages are often easier to substantiate, as evidence is more readily available, including medical records and bills, invoices, and pay stubs.
Medical Expenses
When injuries are severe, medical treatment can be costly. You can seek compensation for past and future medical expenses related to your injuries, including hospital stays, surgeries, rehabilitation, medications, and ongoing treatment.
Property Damage
Truck accidents often result in significant property damage, particularly to the victim’s vehicle. You can seek reimbursement for repairs or the replacement value of your vehicle if it was totaled, along with other personal property you may have lost.
Lost Earnings
If your injuries caused you to miss work or lose your job, you may be entitled to compensation for lost earnings. When injuries are permanent and affect your ability to earn a living, you can also claim future lost earnings.
Out-of-Pocket Expenses
Any other out-of-pocket expenses incurred due to the accident, such as transportation costs for doctor’s appointments, hiring help for household duties, or other related expenses, may be claimed as part of your economic damages.
Non-Economic Damages
Non-economic damages differ from economic damages, as they represent your non-financial, intangible losses. Proving these damages requires extensive evidence and documentation, as these losses typically have no defined value.
Pain and Suffering
Pain and suffering compensation is awarded for the physical pain and emotional impact caused by the accident. It includes both short-term pain during recovery and long-term pain if the injuries result in lasting impairment.
Emotional Distress
If your accident caused significant emotional trauma, such as post-traumatic stress disorder (PTSD), you may be entitled to emotional distress damages, which can help cover expenses stemming from your emotional state.
Loss of Enjoyment of Life
If the accident has left you unable to engage in activities you once enjoyed (such as sports, hobbies, or spending time with family), you can claim compensation for the loss of enjoyment of life.
Loss of Consortium
If a victim’s injuries affect their relationship with their spouse or family, the spouse or family members can claim loss of consortium. It compensates for the loss of companionship, support, and intimacy.
Punitive Damages
In rare cases, punitive damages may be awarded in truck accident suits. These damages are not meant to compensate the victim but to punish the defendant for particularly egregious behavior, such as drunk driving or gross negligence. Punitive damages are usually reserved for situations where the defendant’s conduct was malicious or reckless.
Advantages of Hiring a Truck Accident Lawyer to Handle Your Case
Truck accident cases are often more complicated than regular car accidents due to the multiple potentially liable parties, federal regulations governing truck drivers, and the high stakes involved. Therefore, when you want to get the most out of your lawsuit, you should not hesitate to get legal representation.
Hiring an experienced truck accident lawyer can offer several benefits, including:
Knowledge of Trucking Laws
Truck accident lawyers are familiar with the complex federal and state regulations that govern the trucking industry. They know how to investigate whether the trucking company, driver, or other parties violated these regulations.
Investigation and Evidence Gathering
An experienced lawyer will conduct a thorough investigation to gather evidence, including accident reports, driver logs, maintenance records, and witness testimony. It can strengthen your case and ensure you have all the evidence necessary to support your claims.
Litigation Support
When you need to file a lawsuit to pursue fair compensation, your truck accident attorney will be prepared to take your case to court. They will represent you in litigation and fight for full and fair compensation.
Maximizing Financial Recovery
A lawyer will identify all potential sources of compensation, including seeking damages from multiple liable parties. They will also ensure you do not overlook any potential claims, such as those for future medical expenses or long-term care.
Rely on a Skilled Truck Accident Attorney to Secure Proper Compensation
Truck accidents can result in severe, life-changing injuries and significant financial burdens for victims and their families. Working with an experienced truck accident lawyer increases your chances of securing fair compensation and ensures that your case is handled effectively from start to finish.
If you’ve suffered an injury in a truck accident, seeking legal assistance is the best way to protect your interests and achieve the justice you deserve. Consult with a seasoned Florida Personal Injury attorney right away to get started on your case.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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