Home » Truck Accidents and Back Injuries

When a large commercial truck strikes a smaller passenger vehicle, serious injuries –  including debilitating back injuries – may occur. These accidents typically happen when truck drivers are careless, fatigued, or distracted while behind the wheel.

If you suffered a back injury in a recent truck collision, the skilled legal team at Shunnarah Truck Accident Lawyers is ready to help. We can handle your case from start to finish by filing a claim on your behalf, aggressively negotiating with insurance companies, or litigating your case to a favorable conclusion in the state court system.

For a free case evaluation and legal consultation with a knowledgeable truck accident attorney, please call us at 866-455-3629 or contact us online for more information.

Types of Truck Accidents Where Victims May Suffer Back Injuries

Truck accidents can be incredibly dangerous and often result in serious injuries. One of the most common injuries victims suffer in these accidents is back injuries. These accidents may result from either the truck driver’s negligence or the trucking company’s negligence.

Types of Truck Driver Negligence

• Distracted Driving – Truck drivers can become distracted by their phones, GPS, or other devices while driving, preventing them from watching the road attentively.
• Fatigued Driving – Truck drivers often have to drive long hours, and if they do not get enough rest, they can become fatigued. This can slow their reaction times and make them more likely to cause an accident.
• Speeding – Driving above the speed limit is dangerous for any vehicle but especially risky for large trucks. A speeding truck can easily lose control, leading to severe accidents and back injuries for the victims.
• Impaired Driving – Driving while under the influence of drugs or alcohol is extremely dangerous. An impaired truck driver is much more likely to cause an accident, resulting in serious injuries – including back injuries.

Types of Trucking Company Negligence

• Improper Maintenance – Trucks require regular maintenance to ensure they are safe to drive. If a trucking company fails to properly maintain their trucks, it can lead to mechanical failures and accidents.
• Overloading – Trucking companies may overload their trucks to maximize profits. However, an overloaded truck is harder to control and more likely to cause an accident.
• Inadequate Training – Truck drivers need proper training to handle large vehicles safely. If a trucking company does not provide adequate training, it increases the risk of accidents.
• Violating Hours of Service Rules – Truck drivers are legally required to take breaks and limit their driving hours to prevent fatigue. If a trucking company pressures drivers to ignore these rules, it can lead to fatigued driving and accidents.

Common Types of Back Injuries in a Trucking Accident

Truck accidents can cause severe back injuries. Sometimes, they result from negligence by the truck driver or the trucking company. These injuries can have long-lasting effects on victims’ lives. Some of the most common types of back injuries in commercial trucking accidents include:

• Herniated Discs – One common back injury is a herniated disc. This occurs when the soft, jelly-like center of a spinal disc pushes through a crack in the tougher exterior casing. In a truck accident, the strong collision force may cause this displacement. A herniated disc can lead to severe pain, numbness, and weakness in the limbs. It often requires extensive medical treatment, including physical therapy, medication, and sometimes surgery.
• Spinal Fractures – Spinal fractures are another serious injury that can result from a trucking accident. These fractures occur when the bones in the spine (vertebrae) break or collapse. The force of a collision can exert extreme pressure on the spine, leading to fractures. Spinal fractures may cause severe pain, limited mobility, and, in extreme cases, paralysis. Treatment often involves immobilization with braces or casts, surgery, and lengthy rehabilitation.
• Compression Fractures – A type of spinal fracture, compression fractures happen when the vertebrae are compressed due to the sudden force of a truck accident. These fractures often occur in the lower back and can cause severe pain and deformity. Victims may need to undergo significant medical treatment, including bed rest, physical therapy, and surgery.
• Spinal Cord Injuries – Spinal cord injuries are among the most severe types of back injuries resulting from truck accidents. These injuries occur when the spinal cord is damaged, potentially leading to partial or complete paralysis below the injury site. Truck accidents can cause such injuries due to the intense force exerted on the body. Treatment is extensive and can include surgery, rehabilitation, and ongoing medical care.
• Soft Tissue Injuries – Soft tissue injuries, such as sprains and strains, are common in trucking accidents. These injuries affect the muscles, ligaments, and tendons in the back. While they may not be as severe as spinal fractures or herniated discs, they can still cause significant pain and discomfort. Treatment often involves rest, physical therapy, and pain management.

Proving that a Back Injury Resulted from a Truck Driver’s or Company’s Negligence

Proving that a back injury resulted from a truck driver’s or trucking company’s negligence is a critical step in seeking compensation. It involves gathering evidence and demonstrating that the injury directly resulted from the accident due to someone else’s negligence. Here’s how you can legally prove such a claim.

• Establishing the Legal Duty of Care – First, you must show that the truck driver or trucking company had a duty of care towards you. This means they were legally obligated to act in a reasonably safe manner to avoid causing harm. Truck drivers must follow traffic laws, drive safely, and avoid distractions. Trucking companies must ensure that their vehicles are properly maintained and their drivers are well-trained. They must also follow all state and federal motor carrier regulations. 
• Breaching the Duty of Care – Next, you need to prove that the truck driver or company breached their duty of care. This may involve showing that the driver was speeding, distracted, or driving under the influence. For trucking companies, it may involve demonstrating that they failed to maintain their vehicles, overloaded their trucks, or did not adequately train their drivers.
• Causation – Proving causation is essential. You must show that the breach of duty directly caused the accident and your back injury. This often requires detailed evidence, such as:
• Accident Reports – Police reports can provide vital details about the accident, such as the conditions at the time and statements from eyewitnesses.
• Medical Records – These records are vital in proving that your back injury is directly linked to the trucking accident. Medical records should detail the severity of the injury and the treatment you received.
• Expert Testimony – Doctors or medical experts can testify about the nature of your back injury and how it relates to the accident. Accident reconstruction experts can also explain how negligence caused the accident.
• Damages – Finally, you must prove that the injury caused you to suffer damages. This can include medical bills, lost income, pain and suffering, and reduced quality of life. Documenting these damages is crucial. You should keep all receipts, medical bills, and records of any time missed from work. Testimony from family members or friends about how the injury has affected your life can also be helpful.

Settling or Litigating a Truck Accident Case

Deciding whether to settle or litigate a truck accident case involving a back injury is a significant decision. Careful consideration of several factors is required to determine the best course of action.

Understanding Settlement

A settlement is an agreement between you and the trucking company (or their insurer) to resolve the case without going to trial. In a settlement, you agree to accept a certain amount of money in exchange for dropping the lawsuit.

Benefits of Settling

• Quicker Resolution – Settling can resolve your case faster than going through a lengthy trial process. This can be beneficial if you need money quickly to cover medical bills and other expenses.
• Less Stress – Trials can be stressful and emotionally draining. Settling allows you to avoid the anxiety and uncertainty of a courtroom battle.
• Guaranteed Compensation – You know exactly how much you will receive when settling. In contrast, a trial outcome is uncertain, and there is always a risk that you may receive less than expected – or even nothing at all.

Drawbacks of Settling

• Possibly Lower Compensation – Settlements can sometimes offer less money than you can receive from a favorable court verdict. If the insurance company’s offer is too low, settling may not be in your best interest.
• No Admission of Fault – Often, settlements do not require the negligent truck driver or trucking company to admit fault. This means they may not take responsibility for the accident.

Understanding Litigation

Litigation involves taking your case to court and having a judge or jury decide the outcome. This process can be lengthy and involves several stages, including discovery, pre-trial motions, and the trial itself.
Benefits of Litigating

• Potential for Higher Compensation – If you win your case, a court verdict can sometimes award more money than a settlement offer.
• Public Record of Fault – A trial can establish a public record of the truck driver or trucking company’s negligence, which can be satisfying for some victims.

Drawbacks of Litigating

• Longer Process – Trials can take months or even years to conclude. During this time, you may have to wait to receive compensation.
• Higher Costs – Litigation can be expensive due to legal fees, court costs, and other expenses. 

Making the Decision

Ultimately, deciding whether to settle or litigate depends on your individual circumstances. At Shunnarah Truck Accident Lawyers, we can provide advice based on the specifics of your situation. You should consider factors like the strength of your case, the severity of your back injury, and your financial needs. Weighing the pros and cons of each option will help you make an informed decision that is best for you.

Financial Compensation for Back Injuries in a Truck Accident

When you suffer a back injury in a truck accident, you may be entitled to various types of compensation to cover your losses and hardships. Here’s a look at the different kinds of compensation you may recover in such a case.

• Medical Expenses – Medical expenses are often the most significant type of compensation available. This includes all costs related to treating your back injury, such as hospital bills, surgery, physical therapy, and medications. You can also claim future medical costs if your back injury requires ongoing treatment or special medical equipment.
• Lost Wages – If your back injury prevents you from working, you can recover compensation for your lost income. This includes the income you missed while you could not work and any future lost earnings (i.e., if your injury affects your ability to work in the long term). To prove lost income, you’ll need documentation from your employer and evidence of your earnings before the accident.
• Pain and Suffering – This type of compensation is intended to address the effects the injury has on your quality of life. While it can be harder to quantify than medical expenses or lost income, it is an essential component of many back injury claims.
• Emotional Distress – In addition to physical pain, you may experience emotional distress, such as anxiety, depression, or loss of enjoyment in life. Compensation for emotional distress acknowledges the psychological effects of your back injury and can provide relief for the mental suffering you’ve endured.
• Loss of Consortium – If your injury affects your relationship with your spouse or partner, you can claim compensation for loss of consortium. This covers the loss of companionship, intimacy, and support that your injury caused in your relationship.
• Punitive Damages – In some cases, you may be awarded punitive damages if the truck driver’s or trucking company’s conduct was especially reckless or malicious. These damages are meant to punish the wrongdoer and deter similar behavior in the future. They are not commonly awarded but can be significant in cases of extreme negligence.

Call an Experienced Truck Accident Attorney Right Away

If you suffered a back injury in a recent truck collision, the experienced legal team at Shunnarah Truck Accident Lawyers is ready to help. We will aggressively represent you throughout the proceedings and work to secure the compensation you need.

For a free case evaluation and legal consultation with a skilled truck accident attorney, please call us at 866-455-3629 or contact us online.