Trucking Accident Lawyer
According to the Federal Motor Carrier Safety Administration (FMCSA), nearly half a million trucking accidents occur each year in the United States. The results of these heavyweights colliding with passenger vehicles are often catastrophic.
According to the Insurance Institute for Highway Safety (IIHS), the 5,000 trucking accident fatalities that occur yearly, more than 97% of the time, it is the driver of the noncommercial vehicle who is killed. A total of 4,014 people died in large truck crashes in 2020. The number of people who died in large truck crashes was 28 percent higher in 2020 than in 2009. The number of truck occupants who died was 35 percent higher than in 2009 (IIHS).
What are the Leading Causes of Truck Accidents?
Despite the increased size and impact of truck accidents, truck drivers sometimes can drive recklessly. They oftentimes drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted.
Poorly Maintained Trucks
Trucks are often driven thousands of miles per week and if they are not properly cared for, they can become dangerous quickly. While worn brake pads or a cracked windshield should not be neglected if they occur on smaller vehicles, they can be the cause of a major traffic accident on a truck.
Defective parts on a truck may not be the fault of the driver, but they can turn deadly. Trucking companies or manufacturers may also be liable for your injuries, especially if they do not regularly service trucks for maintenance.
Improperly Loaded Cargo
Loading the beds of commercial trucks must be done carefully and in accordance with the law. If they are loaded improperly, the contents on the truck may spill out onto the road and cause accidents, injuries, or even death.
What is Considered a Trucking Accident?
When referring to truck accidents, lawyers generally refer to crashes caused by large commercial type trucks. Commercial trucks are vehicles used for the transport of commercial goods or property and are driven by professional truck drivers for compensation. While pickups and large SUVs may be considered trucks by the general public, cases referred to as “trucking accidents” are for larger commercial vehicles.
The most common types of trucks involved in these kinds of accidents include:
Garbage & dump trucks
Postal trucks, U-Hauls, Fed Ex & UPS trucks
What About Medical Care After a Trucking Accident?
Medical Treatment: The most important thing a victim can do in the event of a crash with a commercial vehicle is to seek medical attention and follow the doctor’s orders to the letter. Never try to resolve a personal injury claim with the trucking company before you have a clear idea of the extent of your injuries.
Follow-Up Testing and Care: For those who have survived a trucking accident, follow-up treatment and care should not be overlooked. Getting proper care after hospitalization in both testing and treatment should always be a top priority for the accident victim.
Can I Get Treatment When I Have No Health Insurance?
Getting the proper care for your injuries after an accident should be your primary concern. If we accept your case, we will work to help you get the medical care you need even if you do not have health insurance.
Don’t hesitate to call our skilled trucking accident lawyers at (305)486-7468 if you have questions and concerns about your health insurance coverage, or if you are simply looking to explore all your options. We will walk you through the process and guide you every step of the way to ensure you receive the proper medical attention.
How Long do Trucking Accident Lawsuits Take?
Here is a general overview of the trucking claims process:
Once the insurance company for the trucking business and the claims department learn about the accident, they will immediately send a team of investigators to the scene of the crash to gather evidence and interview witnesses. They do this to defend a personal injury, or any wrongful death claim brought against them.
The victim of the incident should contact a qualified trucking accident lawyer as soon as possible after the crash, so they can try to counter the efforts of the defendant’s insurance company and preserve any valuable evidence. The longer you wait the less likely it will be for evidence to properly preserved for use at trial.
Also, the victim or any person involved in the truck accident should NOT speak with any investigators working on behalf of the insurance company, before consulting an attorney. You deserve to know what your rights are before you make any statements that could jeopardize your right to recovery.
It is known that insurance companies take advantage of those not represented by a lawyer. Especially in the case of a severe truck wreck, insurance companies quickly contact accident victims seeking to force them into an early settlement, thereby paying only pennies on the dollar.
A common trick that insurance adjustors usually do is to say something like “we accept responsibility” to give a notion to the victim or the injured party that the insurance company will willingly pay reasonable compensation. Do not be fooled by these tactics.
Cases of severe injury or wrongful death due to trucking accidents usually end up in litigation. It seems a trial setting frequently provides the incentive for many insurers to re-evaluate the damages of the injured party, especially when faced with a significant jury verdict. Make sure that any trucking accident lawyer you speak with is comfortable litigating your case until you are given just compensation.
How is Fault Determined in Trucking Accidents?
Before you can be awarded damages for your trucking accident injuries, it is necessary to prove who or what caused the collision. While truck driver negligence is the primary factor in most cases, other causes of liability need to be examined. Uncovering fault can sometimes be complicated because there could be several parties who share in the blame. A commercial truck driver who owns and operates the truck, could be liable for negligence if they operated the truck under unsafe conditions or if they failed to maintain the vehicle properly. Trucking companies, truck part manufacturers, and cargo loading companies can also share liability for your injuries. Our skilled trucking accident lawyers will zealously investigate each aspect of your case, ensuring that all responsible parties are held accountable.
What if I was partially at fault in the accident?
Even if you were partially at fault in a trucking accident, you do not necessarily lose all rights to compensation. You may still be eligible to recover damages depending on the specifics of the case, and the law that applies in your State. Speak with one of our qualified trucking accident lawyers and find out if you are entitled to compensation. You may simply click the link below or call (305) 486-7468.
How is Compensation Determined Following a Truck Accident?
Like other personal injury lawsuits, the types of compensation available to those affected as the result of a trucking accident falls into two categories: economic damages and non-economic damages.
Economic damages compensate a trucking accident victim for the following:
Current Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices, and appointments with approved medical professionals.
Future Medical Expenses: Compensation for extended medical attention and future medical care.
Lost Wages: Compensation for the wages lost between the time of injury and the conclusion of the lawsuit.
Loss of Earning Capacity: If the victim can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available.
Non-economic damages compensate the victim and/or family for non-financial, intangible losses, including:
Pain and Suffering: This includes compensation for the physical pain suffered because of injuries sustained in the crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of this award.
Mental Anguish: Compensation for emotional pain stemming from a truck accident, including fright, embarrassment, nervousness, worry, grief, and other forms of emotional distress caused by the trucking accident.
Loss of Consortium: Compensation awarded to a spouse or minor children because of the loss of services, assistance, aid, society, and companionship/care of a loved one.
In addition to economic and non-economic damages, punitive damages may be awarded if the defendant’s actions causing the injury were willful, malicious, or reckless. Punitive damages serve to punish the offender and dissuade similar behavior in the future.
How Can our Trucking Accident Lawyers Help You?
Because of the intricacies of insurance company methods and the web of regulations involved, trucking accident claims can be some of the most difficult cases to litigate. At The G Law Group, our skilled trucking accident lawyers relish the challenge and are fully committed to pursuing the maximum compensation possible for our clients. If you have been injured in a trucking accident, contact our top-rated trucking accident lawyers at (305) 486-7468 or click the link below to schedule a free consultation. There is absolutely no obligation, and we do not charge a penny in attorney’s fees unless we obtain compensation for you.