How to Recover Damages After Truck Accidents

Every year, commercial trucks move about 11 billion tons of freight on America’s roadways. These goods are vital to the U.S. economy–but they’re also heavy, as are the over 14 million commercial trucks that carry them. Truck accidents are dangerous and can result in significant, life-altering injuries, or worse, along with extensive property damage.

This is one of the reasons why trucking is such a highly regulated industry at both the federal and state levels. Often, these truck accident laws and regulations come into play after a crash as police and insurance companies make their fault determinations. If you were in an accident with a commercial truck, there are some unique factors that can affect your claim for damages.

Here’s a look at common types of accidents involving trucks, the injuries and damages that can result, and legal issues you may face when seeking to recover your losses.

[Read: Common Car Accident Injuries: Overview]

What Causes Truck Accidents?

More than other drivers on the road, truckers must be aware of the vehicles around them and constantly anticipate challenges on the roadway. The weight of their truck gives them a slower stopping time, its length requires them to make wider than normal turns and its shape creates blind spots all around.

But that’s just the start–truckers must also factor in other things like:

— Inclement weather and windy conditions

— Poor visibility

— Debris on the roadway

— Mechanical failures

— Tire blowouts

— Hazardous materials in transport

— Level of fatigue

— Inattentive or reckless driving on the roadway

While these are all constant factors at play as trucks traverse the roadways, one traffic study by the Federal Motor Carrier Safety Administration (FMCSA) identified the following top five causes of accidents involving trucks:

1. Brake problems

2. Interruption of the traffic flow

3. Prescription drug use

4. Traveling too fast for conditions

5. Lack of familiarity with the roadway

What Are Some Examples of Truck Accidents and Injuries?

While there are many reasons why a truck accident can happen, there are some specific types of accidents common to trucks. Here are a few examples:

Wide turn: Before making a tight right turn, a truck may need to swerve left to make the turn without driving off the road. This can damage cars to the left of the truck or cars that may try to squeeze in on the right thinking that the truck is merging left.

Jackknife: This is when a truck’s trailer swings around, creating a 90-degree angle with the truck. This can happen when roads are wet or icy or when the truck brakes too suddenly. This can cause serious damage to vehicles in multiple lanes and even lead to underride collisions.

Underride: This is when smaller vehicles collide with the truck and get trapped under the side or back of the truck. These accidents can happen when trucks suddenly brake and are rear-ended from behind or when visibility is poor. As some of the most serious types of truck accidents, underrides can result in serious injuries and fatalities.

Rollover: This happens when a truck slides and begins to roll over on its side. This can be caused by poor weight distribution, an overloading of freight, a high-speed turn or collisions with debris or medians near the roadway. Like a jackknife, this type of accident can affect multiple lanes and drivers, and can also spill freight or hazardous materials on the roadway.

Any type of accident involving a truck can lead to serious and sometimes fatal injuries for those involved. Consider just a few of these common truck accident injuries:

— Head injuries

— Back, neck and spinal cord injuries

— Neurological injuries like traumatic brain injury or paralysis

— Severe whiplash

— Broken bones and internal organ damage

— Dismemberment of limbs or decapitation

— Psychological and neurological injuries, including PTSD or emotional distress

How Do You Recover Damages With a Truck Accident Negligence Claim?

Ensuring the safety of yourself and others is always an important first step, especially after a truck accident. After that, fully documenting the scene can be critical in helping you prove a negligence claim and recover your damages.

In car accidents, negligence refers to the legal liability that’s created when a driver takes unreasonable actions resulting in property damage or injuries to others. In these claims, a car accident victim must prove key elements–that an at-fault driver had a duty to drive in a reasonable manner, but breached that duty by taking unreasonable actions that ultimately caused property or personal injury damages to others.

While you may experience car accidents that result in little to no damage, truck accidents can be quite serious. But to recover those damages–ranging from physical injuries to lost wages–you’ll need to establish all of the elements of negligence. Here’s a look at a few key ones, along with other legal issues that may arise.

[Read: How to Settle a Car Accident Claim Without a Lawyer]

Duty

With the added risks that their vehicles bring to the roadway, truckers have a duty to comply with a broader range of vehicle laws and regulations–and to be more careful than the average driver. If you believe there was truck driver negligence in your case, consider working with an attorney for truck accident victims who can investigate questions like:

Did the truck driver comply with all required break and rest periods? While state regulations may also apply, under FMCSA hours of service (HOS) regulations, many truck drivers are limited to 11 hours of driving in a day, but only after having 10 consecutive hours of off-duty time and a 30-minute break after eight cumulative hours. The driver may not drive after being on duty–whether driving or not driving–for 14 hours. Some exceptions to these requirements do exist.

Was the driver current on all of their certifications? A truck driver is required to pass a DOT medical exam, which is valid for up to 24 months. They must also be current with their baseline Entry-Level Driver Training, as well as any other specialized training requirements–like hazardous materials training–which may apply.

Did the truck pass all required inspections? Trucks must undergo regular inspections to ensure operability of safety mechanisms and other key vehicle components like braking systems, steering mechanisms, coupling devices and lighting systems. Trucks are also subject to roadside inspections, which may identify violations related to the truck or driver.

Was the truck in excess of the weight limits for their load? There are a number of size and weight limit laws for trucks, and these can vary by state.

Breach, Causation and Damages

While you’re not required to prove the violation of a specific trucking regulation to establish that a truck driver breached their duty–any act of careless or otherwise unreasonable driving can suffice–these additional regulations provide more ways to extend liability to the truck driver. Some states may even view the violation of a truck safety law or regulation as negligence per se, or an automatic breach of a truck driver’s duty to others on the road.

However, it isn’t enough to establish a breach. You must also show causation between a breach and the resulting damages. For example, if you’re able to show that a truck was carrying a load that exceeded weight limits resulting in a rollover that damaged your vehicle, you can make the causal connection between the breach–exceeding weight limits–and your property or personal injury damages.

Proving the negligence elements of breach and causation are often fact-specific and will depend on the available evidence. As you look at evidence at the scene and what is later uncovered in a police report or insurance investigation, one key source you don’t want to overlook is a truck’s black box, also known as its event data recorder (EDR). An EDR can capture key data before and during a crash, which may end up supporting your claim, such as:

— Vehicle speed and force of impact

— Engine RPM

— Brake activation

— Steering wheel activity

— Seat belt use and airbag deployment

Liability of Others

One other important distinction between truck accidents and car accidents is the involvement of a commercial trucking company responsible for insuring and maintaining their truck and training and supervising their drivers. A truck accident claim will typically go through the trucking company and its insurer, both of which could also be named defendants in a subsequent truck accident lawsuit. This normally falls under the legal doctrine of respondeat superior, which makes an employer legally responsible for the actions of an employee acting within their scope of employment.

Depending on the legal tests used in a state and on whether the driver is an independent contractor instead of an employee, respondeat superior may not always apply. These are important doctrines and distinctions that are shaped by state laws and that can significantly impact your ability to recover your damages.

Given the nature of truck accidents, there may also be a number of drivers who share fault–like a driver who cuts off a truck, causing it to swerve and hit your vehicle. States have different approaches to comparative fault situations. Most states assign a fault percentage to every at-fault driver, then reduce the driver’s recovery by their percentage of fault, as long as it is less than half.

Some states will bar a driver from recovering damages if they share any fault. If you’re filing a claim against an at-fault truck driver in one of these states, expect the truck company’s adjuster to be focused on any evidence that may show some fault on your part.

[READ: Car Accident Lawsuit Basics]

Truck Accidents and Damages Can Be Complicated–Get Legal Help Today

With all of the complex factors and laws involved in a truck accident claim, having an experienced truck accident lawyer to guide you through the process can make all the difference. Connect with one today to see how you can get the compensation you deserve.

[What Does Hiring a Lawyer Cost?]

More from U.S. News

Should I Sue After a Car Accident? 5 Factors to Consider

Delayed Symptoms After Car Accidents: Legal Overview

Car Accident Demand Letter: Overview and Template

How to Recover Damages After Truck Accidents originally appeared on usnews.com

Federal News Network Logo
Log in to your WTOP account for notifications and alerts customized for you.

Sign up