Truck Accidents

While car accidents can be dangerous enough on their own, accidents involving commercial trucks have a greater potential for serious injuries or even death because of the tractor-trailer’s large size. Injuries from commercial truck accidents can be severe.

Truck accident cases and wrongful death laws are different in every state. If you suffered severe injuries or lost a loved one in a large truck crash, talk to a truck accident attorney for legal advice.

How Are Semi Truck Accidents Different Than Regular Car Accidents?

According to the National Highway Traffic Safety Administration (NHTSA), there were almost 5,800 people killed in traffic crashes with large trucks in 2021. Of those fatal crashes, 72% of the victims were occupants of other vehicles. Federal Motor Carrier Safety Administration (FMCSA) statistics show the rate of fatal truck crashes has increased by 27% over the last decade.

Motor vehicle accidents involving big rigs are different than passenger car accidents. Semi-trucks weigh much more than smaller vehicles and can do more damage. Trucks take longer to stop and are more difficult to maneuver. Top-heavy trailers are at risk of rollover in an accident. The height of the rear of a trailer can also put it at the same level as the windshield of a passenger vehicle in a rear-end accident.

The most common reason for these dangerous accidents is driver error. Common causes of truck accidents include:

• Truck driver fatigue
• Impaired driving
• Distracted driving
• Speeding
• Tailgating
• Overloaded trailers
• Lack of truck maintenance

Who Is Responsible In A Truck Accident?

In a typical car accident, the person responsible for the accident is often one or both drivers involved. However, when a commercial truck is involved, who is at fault may depend on the cause of the accident. There are several parties who may be liable, including:

• Truck driver
• Other drivers
• Driver’s employer
• Truck owner
• Trucking company
• Truck manufacturer
• Party responsible for loading the truck

Even if the driver caused the accident, their employer could also be held liable. Under vicarious liability, an employer is financially responsible for damage caused by a negligent employee. An employer could also be responsible for a lack of proper training, negligent hiring, or lack of supervision.

If an accident was caused by a faulty part, the manufacturer may be held responsible. Under a product liability claim, the manufacturer or vendor can be liable for injuries caused by a defective product.

Proving Fault In A Truck Crash

Proving fault in a truck accident can be difficult. The trucking industry knows serious injury accidents can be expensive. The trucking company and their insurance company may try to blame the other driver for causing the accident.

You and your lawyer will need to prove that the other party was negligent. In some car accident claims, there may be multiple parties at fault. When this happens, a jury can decide who was negligent and their percentage of fault.

Using an example, a semi-truck driver had too many hours of service without enough sleep and was speeding down a hill. The truck owner didn’t properly maintain the truck equipment and had a tire blowout. In this case, the driver, employer, and truck owner may all share liability for the accident.

When Is the Trucker At Fault?

Many commercial trucks are now outfitted with black boxes similar to the ones used in airplanes that record data like speed, speed patterns, and when the driver used the brakes. This can help prove negligence on the part of the driver or the employer.

When Another Driver Is At Fault

Trucking accidents can also be caused by other drivers. Driver error is the most common cause of all car accidents, including accidents with big rigs. Drivers may cause an accident by driving recklessly in front of a semi, tailgating the tractor-trailer, or driving under the influence of alcohol.

When the Trucking Company Is At Fault

The trucking company can be at fault for their driver’s negligence. Some trucking accidents involve truck companies failing to follow state and federal safety regulations. Other truck accidents may involve failure to perform proper maintenance or properly load a trailer.

Compensation for Commercial Truck Accidents

A personal injury lawyer can advise you on how much you might be able to recover in a truck accident claim. Along with the cost of property damage and medical bills, people may also be able to collect damages for pain and suffering, lost wages, and lost earning capacity.

If you lose a loved one in an accident, you may be able to collect damages for their loss. The specific types of damages that can be collected can depend on state laws. A truck accident lawyer can help you determine what damages to seek and how to get a settlement to pay for your losses.