When truck drivers speed, fail to yield the right-of-way, or commit other traffic law violations, serious accidents can happen. Similarly, trucking accidents may occur when the companies that employ these drivers fail to follow motor carrier regulations or do not properly train their drivers.
If you suffered injuries in a recent trucking accident, you may be eligible to file a personal injury claim for compensation. However, filing such a claim and negotiating with the insurance company is extremely difficult to accomplish on your own.
The knowledgeable trucking accident attorneys at Shunnarah Truck Accident Lawyers can file a claim or lawsuit on your behalf and fight for the justice and compensation you need.
For a free case evaluation and legal consultation with an experienced truck accident claim attorney, please call us at (205) 957-4995 or contact us online right away.
Types of Injuries in Truck Collisions
Trucking accidents can lead to serious injuries. The sheer size and weight of trucks mean that the impact can be devastating when they crash.
Physical injuries are common and often severe. Some of the most typical ones include broken bones, especially in the arms, legs, and ribs. Many victims also suffer from spinal cord injuries, which can result in paralysis. Traumatic brain injuries (TBIs) are another major concern, as they can cause long-term cognitive issues and disabilities. Whiplash, a neck injury due to sudden jerking movements, is also common, especially in rear-end collisions. In addition, internal injuries like organ damage and internal bleeding can occur, sometimes without immediate symptoms, making them especially dangerous.
Besides these physical injuries, mental and emotional injuries are also prevalent. Victims may develop post-traumatic stress disorder (PTSD), especially if the accident was particularly frightening or traumatic. Symptoms of PTSD can include flashbacks, nightmares, and severe anxiety. Depression and anxiety are also common, as the aftermath of the accident can lead to significant lifestyle changes, such as loss of mobility, chronic pain, or the inability to return to work. Emotional distress from the trauma and ongoing pain can affect relationships and overall quality of life.
How Do Truck Accidents Happen?
Trucking accidents can happen for many reasons, but negligence on the part of the truck driver or trucking company is a major factor in many cases. There are several common ways this negligence can lead to serious accidents.
Driver fatigue is one of the leading causes. Truck drivers often work long hours, sometimes driving for more than the legal limit without taking the necessary breaks. Fatigue can slow reaction times, impair judgment, and even cause a driver to fall asleep at the wheel, leading to devastating crashes.
Another common form of negligence is distracted driving. Like any other motorists, truck drivers can be tempted to use their phones, eat, or adjust the radio while driving. However, due to trucks' size and weight, even a momentary distraction can have serious consequences, causing the driver to miss important signals or fail to react to changes in traffic conditions.
Speeding and reckless driving are also significant problems. Truck drivers may feel pressured to meet tight deadlines, leading them to drive faster than is safe, especially in adverse weather conditions or on unfamiliar roads. Speeding reduces a driver’s ability to stop quickly and increases the severity of a crash when it happens.
Improper cargo loading is another way trucking companies can be negligent. Trucks that are overloaded or have unevenly distributed cargo are harder to control and more likely to tip over, particularly when turning or making sudden maneuvers. Trucking companies are responsible for ensuring that their vehicles are loaded safely, but when they fail to do so, accidents can result.
Poor vehicle maintenance is also a frequent cause of trucking accidents. Trucks are complex machines that require regular inspections and maintenance. Negligence in maintaining brakes, tires, lights, or other critical systems can lead to equipment failure on the road. For instance, if the brakes fail, the truck driver may not stop in time to avoid a collision.
Finally, inadequate driver training is a serious issue. Trucking companies are responsible for ensuring their drivers are properly trained to safely handle their vehicles. When companies cut corners on training, drivers may not know how to respond to hazardous situations, leading to accidents.
Steps for Filing a Truck Accident Claim
Filing a truck accident claim with an insurance company can be a complex process, but at Shunnarah Truck Accident Lawyers, we can navigate it more easily. We will start by gathering the necessary evidence to support your claim. This includes accident reports, witness statements, photographs of the scene, medical records, and any other documentation that can help to establish the truck driver or trucking company’s negligence.
Once we have compiled the evidence, we will prepare a detailed demand letter. This letter outlines the facts of the case, the extent of your injuries, the medical treatment you have received, and the effect the accident has had on your life. The demand letter also specifies the compensation we seek on your behalf. This is based on the total of your medical expenses, lost earnings, property damage, and an assessment of your pain and suffering.
After we send the demand letter, the negotiation process begins. Insurance adjusters are skilled at minimizing payouts, so it is crucial to have experienced legal representation during this stage. We will handle all communications with the insurance adjusters, ensuring your rights are protected and you are not pressured into accepting a lowball offer.
Our goal during negotiations is to secure a fair settlement that fully compensates you for your losses. We will use the evidence we have gathered to counter any attempts by the insurance company to downplay your injuries or reduce the value of your claim. If the insurance company is unwilling to offer a reasonable settlement, we are prepared to take your case to court and present your case to a jury.
Throughout the process, we will keep you informed and involved, explaining your options and advising you on the best course of action. Our experience handling truck accident claims means we know the tactics insurance companies use and how to counter them effectively. With us advocating on your behalf, you can focus on your recovery while we work to obtain the compensation you deserve.
Proving a Truck Accident Claim or Lawsuit
In a truck accident claim or lawsuit, you must prove several key elements to show that you are entitled to compensation. Here are the main legal elements of proof:
- Duty of Care – You must show that the truck driver or trucking company had a duty to drive safely. All drivers, including truck drivers, have a legal responsibility to follow traffic laws and drive safely to avoid causing harm to others.
- Breach of Duty – Next, you must prove that the truck driver or trucking company failed to meet this duty of care. This means showing that they acted negligently or recklessly. Examples of a breach can include speeding, driving while fatigued, or failing to maintain the truck properly.
- Causation – You must establish that the breach of duty directly caused the accident. This involves proving that the actions or negligence of the truck driver or trucking company were the main reason the accident happened. For example, if a truck driver’s drowsiness caused them to drift into your lane and crash, you need to show that their fatigue was the direct cause of the accident.
- Damages – Finally, you must prove that you suffered damages from the accident. This includes physical injuries, property damage, medical expenses, lost income, and emotional suffering. You must provide evidence such as medical records, repair bills, and witness statements to support your claim for damages.
To win a truck accident lawsuit, you must convincingly demonstrate each of these elements. Gathering strong evidence, such as accident reports, witness testimony, and expert opinions, can help build a solid case. At Shunnarah Truck Accident Lawyers, we can collect and present this evidence effectively to support your claim.
Litigation Options for Truck Accident Cases
When dealing with a trucking accident case, you have several litigation options to consider, depending on your goals and the specifics of your case. Here are the main options:
- Taking the Case to Trial – This is the traditional route whereby the case is presented before a judge and jury in a courtroom. Going to trial can be lengthy and costly, but it may be necessary if we cannot negotiate a fair settlement. At trial, both sides present evidence, call witnesses, and make arguments. The jury or judge then decides the outcome and the amount of damages. Trials offer a chance for a verdict that can provide substantial compensation if the case is strong, but they also come with risks, such as the uncertainty of how the jury will rule.
- Mediation – Mediation is an alternative dispute resolution (ADR) method where a neutral third party, called a mediator, helps both sides reach a mutually acceptable settlement. The mediator does not make decisions but facilitates communication and negotiation between the parties. Mediation is usually less formal and less expensive than a trial. It can be a good option if both parties are willing to compromise and find common ground. The goal is to resolve the dispute without going to court.
- Binding Arbitration – In binding arbitration, a neutral third party, known as an arbitrator, hears both sides of the case and makes a decision that is legally binding. Unlike mediation where the parties can reject the mediator’s suggestions, both sides. must accept arbitration decisions. This process is generally faster and more private than a trial but can be less flexible. Arbitration can be useful if you want a quicker resolution and are willing to accept the arbitrator’s decision without the option of appealing.
- Settlement Negotiations – Often, cases resolve through settlement negotiations between the parties involved. This process involves direct discussions or written offers and counteroffers. If both sides can agree on compensation without going to trial or ADR, the case can be resolved more efficiently.
Each option has its pros and cons, and the best choice depends on your case’s specifics, the evidence available, and your willingness to negotiate or go to court.
Available Damages in Truck Accident Claims and Lawsuits
In a trucking accident claim or lawsuit, you can seek compensation to cover the damages you have suffered. These damages are generally divided into economic and non-economic categories. Here is a breakdown of each:
Economic damages are tangible and measurable financial losses that result directly from the accident. They include:
- Medical Expenses – This covers all costs related to treating injuries from the accident, such as hospital bills, surgery costs, medication, physical therapy, and ongoing medical care.
- Lost Income – If you had to miss work due to your injuries, you can receive compensation for the income you lost during this period. This also includes any future lost earnings if your injuries affect your ability to work long-term or permanently.
- Property Damage – This includes the cost of repairing or replacing your vehicle or other personal property damaged in the collision. It also covers any other related expenses, such as rental car costs while your vehicle is being repaired.
- Out-of-Pocket Expenses – Any additional costs you incur directly because of the accident, such as transportation to medical appointments or home modifications needed due to injuries, can be included.
Non-economic damages are more subjective and harder to quantify but still represent important aspects of your loss. They include:
- Pain and Suffering – This compensation addresses the physical pain and emotional distress the accident and your injuries caused. It reflects how the accident has affected your overall quality of life.
- Emotional Distress – This covers the psychological repercussions of the accident, including anxiety, depression, and PTSD. It acknowledges the mental and emotional toll beyond physical injuries.
- Loss of Enjoyment of Life – If your injuries prevent you from participating in activities you once enjoyed or affect your ability to enjoy life as you did before the accident, you may be eligible for compensation for this loss.
- Loss of Consortium – If the accident affects your relationships with your spouse or family, such as loss of companionship or support, you may be entitled to compensation for these effects.
Speak with an Experienced Truck Accident Lawyer Today
At Shunnarah Truck Accident Lawyers, we understand the injuries, pain, suffering, and inconvenience that accident victims frequently experience. We can handle every step of the claims filing and litigation processes for you so that you can concentrate on your recovery.
For a free case evaluation and legal consultation with a knowledgeable truck accident lawyer, please call us at (205) 957-4995 or contact us online today.