Home » Truck Accidents and Whiplash and Neck Injuries

Forceful collisions may result when truck drivers and trucking companies violate traffic laws or motor carrier regulations. Unfortunately, these accidents can cause debilitating injuries, including those involving the neck and upper back. Common neck injuries may include whiplash, vertebrae fractures, and other serious medical complications that require ongoing treatment.

If you suffered injuries in a recent truck collision, you want a skilled team of attorneys representing you throughout your case. At Shunnarah Truck Accident Lawyers, we will promptly evaluate your case, file a claim on your behalf, and work to pursue the compensation you deserve.

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

Injured In A Truck Accident?

Types of Truck Accidents that Cause Whiplash and Neck Injuries

Trucking accidents can have devastating consequences, especially when they lead to serious injuries like neck or whiplash injuries. These accidents often result from various types of negligence by truck drivers or trucking companies.

One common cause of trucking accidents is driver fatigue. Truck drivers often work long hours and may not get adequate rest, leading to fatigue. When a truck driver is tired, their reaction times slow down, and they may not be fully aware of their surroundings. This can result in rear-end collisions, where a truck crashes into the vehicle in front of it. The force of such collisions often causes occupants of the front vehicle to suffer neck injuries or whiplash as their heads are violently thrown forward and then backward.
Another common type of truck driver negligence is distracted driving. Truck drivers may engage in activities like texting, eating, or adjusting the radio while driving. Distracted truck drivers are less likely to notice sudden changes in traffic, leading to accidents. For instance, a distracted truck driver may fail to notice that traffic ahead has slowed or stopped, causing a rear-end collision. The sudden crash can lead to whiplash injuries for those in the vehicles involved.
Speeding is another critical factor. Truck drivers under pressure to meet tight delivery schedules may exceed speed limits. High-speed accidents are particularly dangerous because the force of impact is significantly greater. When a speeding truck collides with another vehicle, the occupants are at a higher risk of sustaining severe neck injuries due to the increased force exerted on their bodies during the collision.

Negligence isn’t limited to truck drivers; trucking companies can also be at fault. For example, mechanical failures can occur if a trucking company fails to maintain its vehicles properly. Faulty brakes or worn-out tires can prevent a truck from stopping in time to avoid an accident. These maintenance issues can lead to high-speed crashes or rear-end collisions, both of which commonly cause neck injuries and whiplash.

Finally, improper cargo loading is a form of negligence by trucking companies. Overloaded or unevenly loaded trucks are harder to control and more likely to tip over or jackknife. When this happens, serious accidents and injuries – including neck injuries – can occur.

Categories of Whiplash and Neck Injuries that Truck Accident Victims Can Suffer

Whiplash and neck injuries are common consequences of truck accidents, often resulting in significant pain and long-term issues for victims.

One of the most common neck injuries from truck accidents is whiplash. Whiplash occurs when the accident victim’s head is suddenly jerked forward and then backward, causing the neck to move rapidly beyond its normal range of motion. This sudden movement can strain or tear the muscles, ligaments, and tendons in the neck. Symptoms of whiplash include neck pain, stiffness, headaches, and sometimes dizziness or blurred vision. While some cases of whiplash are mild and resolve within a few weeks, severe cases can lead to chronic pain and long-term disability.
Another category is cervical sprains and strains. These injuries involve damage to the soft tissues in the neck. A cervical sprain affects the ligaments, while a cervical strain affects the muscles and tendons. These injuries can result in pain, swelling, and limited range of motion in the neck. Like whiplash, cervical sprains and strains can range from mild to severe, with recovery times varying based on the injury’s extent.
Herniated discs in the cervical spine are also a significant concern following a truck accident. The force of a truck collision can cause the discs between the vertebrae to rupture or slip out of place, pressing on nearby nerves. This condition, known as a herniated disc, can lead to intense pain, numbness, and weakness in the neck, shoulders, and arms. In some cases, surgery may be required to alleviate the symptoms and prevent further nerve damage.
Fractures of the cervical vertebrae are another severe type of neck injury. These fractures can occur when the victim’s neck is subjected to extreme force, such as in a high-speed truck collision. A fractured vertebra can be life-threatening if it damages the spinal cord. Symptoms include severe neck pain, swelling, and difficulty moving the neck. Immediate medical attention is crucial for cervical fractures, as improper handling can exacerbate the injury and lead to paralysis.
Lastly, nerve damage in the neck, often a result of severe trauma, can cause long-term issues like chronic pain, tingling, and weakness in the affected areas. This damage can occur directly from the collision or indirectly from other injuries like herniated discs or fractures pressing on the nerves.

Proving a Neck or Whiplash Injury Following a Truck Accident

Proving a neck or whiplash injury in a commercial trucking accident involves gathering strong evidence and following a clear legal process. To establish a successful claim, victims must demonstrate that their injury resulted directly from the accident due to the truck driver’s or trucking company’s negligence. Here’s how to do it:

Medical Documentation – The most crucial step is to seek ongoing medical attention immediately after the accident. A prompt medical examination ensures that injuries are diagnosed and treated early, creating a clear medical record. Medical reports, diagnostic tests (like X-rays, MRIs, and CT scans), and doctor’s notes provide concrete evidence of the injury. These documents should detail the nature of the injury, its severity, and the recommended treatment plan. Consistent follow-ups with healthcare providers are essential to show ongoing medical care and the persistence of symptoms.
Accident Report – Obtaining a copy of the police report filed at the scene of the accident is vital. This report often includes crucial details such as the accident’s date, time, and location and statements from involved parties and witnesses. The police report can also indicate if the truck driver violated any traffic laws, such as speeding or distracted driving, supporting the claim of negligence.
Witness Statements – Witnesses can provide unbiased accounts of the accident. Gathering statements from people who saw the accident can help corroborate your version of events. These witnesses may include other motorists, pedestrians, or bystanders who observed the truck driver’s actions leading up to the collision.
Expert Testimony – In some cases, expert witnesses such as medical professionals or accident reconstruction specialists may be necessary. Medical experts can explain the extent of your injuries and how they directly resulted from the accident. Accident reconstruction specialists can analyze the accident scene, vehicle damage, and other evidence to recreate the events leading to the collision, providing a clear picture of how the accident occurred.
Photographic Evidence – Photographs of the accident scene, vehicle damage, and visible injuries can be powerful evidence. These images illustrate the accident’s effect and the physical harm caused. Pictures taken immediately after the accident and during recovery can show the injury’s progression and severity.
Personal Testimony – Your own account of the accident and its aftermath is also crucial. Keeping a detailed journal documenting your pain, medical treatments, and how the injury affects your daily life can provide a personal perspective on the effects of the injury.

Negotiating with the Truck Driver or Trucking Company’s Insurer in a Neck Injury Case

When you suffer a neck or whiplash injury in a commercial trucking accident, negotiating with the truck driver or trucking company’s insurer can be a complex process. Having skilled truck accident attorneys on your side can make a significant difference. Here’s how the skilled attorneys at Shunnarah Truck Accident Lawyers can effectively negotiate on your behalf:

Gathering Strong Evidence – Our lawyers will collect all necessary evidence to build a strong personal injury case. This includes medical records, accident reports, witness statements, and any photographic evidence of the accident and injuries. They also may consult with medical and accident reconstruction experts to provide additional support for your claim. A well-documented case is crucial for effective negotiation, as it demonstrates the legitimacy and severity of your injuries.
Calculating Damages – Determining the full extent of your damages is essential. Our lawyers will calculate your current medical expenses, future medical costs, lost income, pain and suffering, and any other relevant damages. By presenting a comprehensive view of your losses, we can make the insurance company understand the full effect of the injury on your life.
Communicating with the Insurer – Dealing with insurance companies can be challenging, as they often aim to minimize payouts. Our lawyers will handle all communications with the insurer, ensuring your rights are protected. They will present the evidence and make a strong case for why you deserve fair compensation. By negotiating directly with the insurer, our lawyers can counter any lowball offers and argue for a settlement that truly reflects the extent of your injuries.
Using Legal Knowledge and Experience – Insurance companies have experienced adjusters who know how to reduce claim amounts. Our lawyers bring their own skill and knowledge of personal injury law to the table. We understand the tactics insurers use and are prepared to counter them. Our experience in similar cases allows us to anticipate challenges and respond effectively.
Negotiating Fair Settlements – The goal of our lawyers is to secure a fair settlement that covers all of your damages. We will negotiate aggressively on your behalf, using the evidence and legal arguments to push for the maximum compensation possible. If the insurer is unwilling to offer a fair settlement, our lawyers are prepared to take your case to court.
Keeping You Informed – Our lawyers will keep you informed of any developments throughout the negotiation process. We will explain your options and advise you on the best course of action, ensuring that you are comfortable with the decisions being made.

Recovering Fair Compensation for a Neck or Whiplash Injury in a Truck Collision

Suffering a neck or whiplash injury in a truck collision can have significant physical, emotional, and financial effects. Fortunately, victims can seek various types of compensation to help cover their losses. Here are the main types of recoverable compensation for such injuries:

Medical Expenses – One of the most immediate and substantial costs after a truck accident is medical treatment. This includes expenses for emergency room visits, hospital stays, surgeries, diagnostic tests like X-rays and MRIs, physical therapy, and follow-up appointments with doctors. Costs for medications, medical devices, and any required long-term care are also covered. It’s essential to keep all medical bills and records as proof of these expenses.
Lost Wages – If your injury prevents you from working, you can claim compensation for lost income. This includes the income you missed out on during your recovery period and any future earnings (i.e., if the injury results in a long-term or permanent disability). For example, if you cannot return to your previous job or have to work fewer hours, you can seek compensation for the difference in your earning capacity.
Pain and Suffering – Neck and whiplash injuries can cause significant pain and discomfort. Compensation for pain and suffering addresses the physical and emotional distress you experienced. This type of compensation can be more challenging to quantify, but it takes into account factors like the severity of your pain, the duration of your recovery, and the effects on your overall quality of life.
Emotional Distress – Trucking accidents can also lead to emotional and psychological issues, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress covers the effects of these mental health challenges on your life. Documenting visits to mental health professionals and any treatments received can support this claim.
Lost Quality of Life – If your injury significantly affects your ability to enjoy daily activities and hobbies, you can seek compensation for your lost quality of life. This considers how the injury affects your ability to participate in activities you once enjoyed, such as sports, hobbies, or spending time with family and friends.