Runaway trailer truck accidents occur when the trailer of a truck detaches or loses control, creating a dangerous situation on the road. These accidents typically occur when truck drivers and trucking companies behave negligently. If you sustained injuries in a runaway trailer truck collision, the skilled legal team at Shunnarah Truck Accident Lawyers can help. First, we will evaluate your accident circumstances and determine your claim filing eligibility. We can then file a claim or lawsuit on your behalf pursuing the compensation you need.
For a free case evaluation and legal consultation with a skilled runaway trailer truck accident attorney, please call us at (205) 957-4995 or contact us online today.
How Do Runaway Trailer Truck Accidents Due to Negligence Happen?
Runaway trailer truck accidents often result from a combination of factors related to the truck’s mechanical condition, the actions of the truck driver, or the practices of the trucking company.
One common cause of runaway trailer accidents is brake failure. Trucks are equipped with complex braking systems that need regular maintenance. If a truck’s brakes are worn out or poorly maintained, the driver may lose control of the trailer, especially when going downhill. The brakes may overheat or fail, causing the trailer to speed out of control. In these situations, the truck driver and the trucking company can be responsible for failing to ensure the brakes are in good working order.
Another factor that can lead to runaway trailers is improper loading. If the cargo in the trailer is not evenly distributed or is improperly secured, it can shift during transit. This shifting weight can cause the trailer to sway, tip over, or detach from the truck entirely. Truck drivers are responsible for checking that the cargo is properly loaded and secured before hitting the road. However, if the trucking company does not provide adequate training or fails to enforce safety protocols, they too, may share the blame for an accident.
Speeding is also a significant contributor to runaway trailer accidents. When a truck is traveling too fast, especially on steep or winding roads, the driver may lose control of the trailer. High speeds can make it difficult to maneuver the truck, and if the driver must brake suddenly, the risk of a trailer becoming detached increases. Trucking companies are responsible for setting realistic delivery schedules without pressuring drivers to speed or take unnecessary risks.
Finally, poor road conditions, such as ice, rain, or potholes, can make it difficult for truck drivers to maintain control of their trailers. While truck drivers must exercise caution and adjust their driving to the conditions, trucking companies are responsible for ensuring their vehicles are equipped to handle adverse weather, such as by providing snow tires or chains.
Common Injuries in a Runaway Trailer Truck Accident
Runaway trailer truck accidents are extremely dangerous and can lead to severe physical and mental injuries for those involved. The force of these accidents often results in catastrophic injuries, both physically and mentally.
Physical Injuries
One of the most common physical injuries in runaway trailer truck accidents is traumatic brain injury (TBI). When a person’s head is violently struck during a collision, it can cause the brain to move within the skull, leading to bruising, bleeding, or even permanent brain damage. Victims of TBIs often face long-term challenges, including memory loss, difficulty concentrating, and changes in personality.
Another frequent injury is spinal cord damage. The impact of a runaway trailer can crush or sever the spinal cord, leading to partial or complete paralysis. Even less severe spinal injuries can cause chronic pain, loss of mobility, and a significant reduction in quality of life.
Broken bones are also common in these types of accidents. The immense force exerted by a runaway trailer can easily fracture or shatter bones, especially in the arms, legs, and ribs. These injuries can require surgery and long-term rehabilitation to heal properly.
Internal injuries are another serious consequence of these accidents. The blunt force trauma from the collision can damage internal organs, such as the liver, spleen, or lungs. These injuries may not be immediately apparent but can be life-threatening if not promptly treated.
Mental Injuries
Beyond the physical damage, victims of runaway trailer truck accidents often suffer from significant mental health issues. Post-traumatic stress disorder (PTSD) is a common outcome. The shock and terror of the accident can leave lasting psychological scars, leading to nightmares, flashbacks, and severe anxiety. Victims may also develop a fear of driving or being on the road, which can limit their ability to return to normal life.
Depression and anxiety are also prevalent among accident survivors. The trauma of the accident, combined with the stress of dealing with injuries, medical bills, and lost income, can lead to overwhelming feelings of hopelessness and despair.
How to Prove a Runaway Trailer Truck Collision
Proving the legal elements of a runaway trailer truck collision is essential to holding the responsible parties accountable and securing compensation for the victims. To succeed in a legal claim, you must establish four key elements: duty of care, breach of duty, causation, and damages.
- Duty of Care – The first element you need to prove is that the truck driver and trucking company owed a duty of care to other road users. A duty of care is a legal obligation to act in a way that avoids causing harm to others. In the context of a runaway trailer accident, truck drivers are required to drive safely and follow all traffic laws. Trucking companies are responsible for ensuring their vehicles are well-maintained, and their drivers are properly trained. This duty of care is fundamental to operating large commercial vehicles on public roads.
- Breach of Duty – Once you establish that a duty of care existed, you must demonstrate that the truck driver or trucking company breached this duty. A breach occurs when a party fails to meet the expected standard of care. For example, if the truck driver was speeding, driving recklessly, or failed to inspect the trailer properly before the trip, this can be considered a breach. Similarly, if the trucking company neglected to maintain the truck’s braking system or failed to train the driver adequately, they may have breached their duty of care.
- Causation – The third element is causation, which involves proving that the breach of duty directly caused the runaway trailer collision. In legal terms, this means showing that the accident would not have occurred if the truck driver or trucking company had not breached their duty of care. For instance, if faulty brakes led to the trailer’s detaching and causing a collision, you will need to prove that the lack of maintenance directly resulted in the brake failure and subsequent accident.
- Damages – Finally, you must prove that you suffered actual damages as a result of the runaway trailer collision. Damages can include physical injuries, medical expenses, lost income, property damage, and emotional distress. To establish damages, you can provide medical records, bills, and testimony demonstrating how the accident affected your life.
Litigating a Runaway Trailer Truck Accident Case
Litigating a runaway trailer truck accident case involves several steps, each designed to build a strong legal argument and secure compensation.
- Initial Consultation and Investigation – The first step in litigating a runaway trailer truck accident case is an initial consultation with the attorneys at Shunnarah Truck Accident Lawyers. During this meeting, we will gather information about the accident, the injuries sustained, and the potential parties at fault. Once we agree to take the case, we will begin a thorough investigation. This includes collecting evidence such as police reports, eyewitness statements, photographs of the accident scene, and any available video footage. We can also consult with accident reconstruction experts to determine how the runaway trailer accident occurred.
- Filing the Lawsuit – Following the investigation, we will draft and file a complaint, formally beginning the lawsuit. The complaint outlines the details of the accident, the legal basis for the claim, and the damages being sought. We will serve the at-fault parties (defendants) – typically the truck driver, trucking company, or other involved parties – with the complaint and give them a deadline to respond.
- Discovery Phase – The discovery phase is a crucial part of litigation where both sides exchange information and evidence. This can include written questions known as interrogatories, requests for documents, and depositions – where witnesses and involved parties give sworn testimony. Discovery allows each side to understand the other’s arguments and gather the evidence to support their case.
- Settlement Negotiations – Before going to trial, many cases go through settlement negotiations. During this stage, we will discuss a potential settlement with the defendant’s attorney. The goal is to reach an agreement on compensation without the need for a trial. If the defendant’s attorney offers a fair settlement, the case will be resolved at this stage.
- Trial – If we cannot reach a settlement, the case will proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury. We must prove the elements of your case, such as negligence and damages. After hearing the evidence, the judge or jury will decide the outcome and determine the amount of compensation, if any, to award.
- Post-trial – If the trial results in a favorable verdict, you may receive compensation. However, the defendant may choose to appeal the decision, which can extend the litigation process.
Recovering Damages for Injuries in a Runaway Trailer Accident Case
Recovering damages for injuries sustained in a runaway trailer accident is vital for helping victims rebuild their lives. When a runaway trailer detaches from a truck or goes out of control, it can cause severe harm to anyone in its path. If you have suffered an injury in such an accident, you may be entitled to various types of compensation, known as damages.
Economic Damages
Economic damages are meant to cover the financial losses you have incurred due to the accident. These are tangible costs calculated with relative certainty. One of the most common types of economic damages is medical expenses. This includes the cost of hospital stays, surgeries, doctor visits, physical therapy, and any future medical care you may need due to your injuries. In addition, you may recover lost income if your injuries prevent you from working. This includes the income you lost while recovering, and any future earnings you may miss out on if you cannot return to your job. Property damage is also included in economic damages, covering the cost of repairing or replacing your vehicle or other belongings damaged in the accident.
Non-Economic Damages
Non-economic damages are designed to compensate you for the more subjective, non-financial effects of the accident. These damages are harder to quantify but are just as important. One significant type of non-economic damage is pain and suffering. This compensates you for the physical pain and discomfort you have experienced due to your injuries. Emotional distress is another form of non-economic damage. It covers the psychological repercussions of the accident, including anxiety, depression, and trauma. Victims of severe accidents may also receive compensation for loss of enjoyment of life, which accounts for how their injuries have diminished their ability to enjoy everyday activities and hobbies.
Punitive Damages
In some cases, you may also be entitled to punitive damages. These are awarded in situations when the defendant’s conduct was particularly reckless or egregious. Punitive damages intend to punish the wrongdoer and deter similar behavior in the future rather than compensate for a specific loss.
Our experienced truck accident attorneys can navigate the process and ensure you receive the justice and compensation you deserve.
Speak with an Experienced Truck Accident Lawyer Today
If you recently suffered injuries in a runaway trailer truck accident, the skilled legal team at Shunnarah Truck Accident Lawyers is here to help. We can thoroughly evaluate your claim and pursue the damages you deserve for your accident-related losses.
For a free case evaluation and legal consultation with a knowledgeable truck accident attorney, please call us today, at (205) 957-4995 or contact us online.