Truck Accidents: FAQ

Tractor-trailer accidents can be devastating and cause more damage than regular auto accidents. Big rig accident victims can suffer serious injuries, leaving them unable to work or earn a living.

Truck accident injury victims are often unsure where to turn for help. If you’ve been in an accident with a commercial truck, the following frequently asked questions can help you understand your rights. Contact a personal injury attorney for legal advice if you have other questions about your trucking accident claim.

What Qualifies as a Commercial Truck?

A commercial truck is a vehicle used to transport commercial goods during the course of business. Typically, commercial trucks:

• Need a commercial driver’s license (CDL) to operate
• Have a specific purpose
• Are larger than standard vehicles

Types of trucks that are commercial motor vehicles (CMVs) include delivery trucks, tanker trucks, and 18-wheelers.

What Are the Common Causes of Truck Accidents?

According to the Federal Motor Carrier Safety Administration (FMCSA), there were about 415,000 crashes involving large trucks in 2020. The trucker or other drivers can cause these truck accidents.

Driver error is the most common cause of crashes between commercial trucks and passenger vehicles. Federal laws limit how many hours truck drivers can work consecutively. Failure to follow time-off laws can result in fatigue, increasing the risk of accidents.

Drivers must also take drug tests to hold a CDL. Driving under the influence of drugs and alcohol can lead to crashes. Other contributing factors include:

• Distracted driving
• Speeding
• Improperly secured cargo
• Defective vehicles or equipment

Passenger vehicle motorists can also cause truck accidents by driving in the truck driver’s “no-zones” (blind spots), drunk driving, or reckless driving. Truck drivers have more difficulty responding to these situations because braking is slower in large trucks. Truck accidents can also be caused by defective or malfunctioning parts and even improper loading techniques.

What Is a Truck ‘No-Zone’?

A truck’s “no-zone” refers to the areas where a truck driver has blind spots or limited visibility. Typically, this exists along the sides of the trailer and behind the truck. Drivers are less likely to see another vehicle directly behind the truck when there is a short distance between the two vehicles. Other limited or zero visibility areas include the left and right rear quarters.

Are Truck Accidents More Likely to Cause Injuries Than Passenger Cars?

A commercial truck can weigh over 80,000 pounds when fully loaded. A passenger vehicle typically only weighs around 3,000 pounds. Because of the size difference, commercial trucks can potentially cause a lot of damage to smaller vehicles and can cause more serious injuries or deaths to passenger vehicle occupants.

Can I Get Compensation for Missed Days of Work After a Truck Accident?

A successful personal injury claim may include compensation for the income you lost from work. To win the compensation, you’d need to prove that the driver, employer, manufacturer, or another party was negligent in causing your injuries. If your injuries from the accident are severe enough to keep you from working in the future, the payment may even cover the loss of earning capacity.

Can I Sue the Trucking Company for My Injuries?

Your ability to sue the trucking company for your injuries may depend on whether the driver was an employee. If an employee-employer relationship exists, the trucking company can generally be legally responsible for the truck driver’s negligence. Employers can be vicariously liable for employee negligence.

Where this becomes problematic is when the truck driver is an independent contractor. There are several factors for the court to consider if the driver is a contractor or employee.

Can the Shipping Company Be Responsible for a Truck Carrying Hazardous Materials?

In some cases, injury victims can hold the shipper of hazardous materials legally responsible for injuries. The potential for an accident that causes very serious injuries increases simply because of the type of freight. The shipper must inform the driver or the trucking company that the cargo transported is dangerous. Failure to do so can lead to the shipper being liable for injuries.

What if I Was Partially at Fault for a Truck Accident?

In states where fault determines liability, the degree of fault for the accident can affect the award you receive in a personal injury case. Contributory and comparative negligence differ depending on the state where the accident occurred.

A few states follow a contributory negligence model. This means that if any fault for the accident falls on the injured party, the victim can’t collect any compensation.

Other states use the comparative negligence rule. This means that, even if injured parties are partly responsible for the accident, they can often still file claims for damages. The percentage of fault they hold must be under a set limit, which varies by state. Their award is also generally reduced by their percentage of fault. For example, if the plaintiff is 5% at fault for an accident, the compensation award drops by 5%.

Should I Meet With a Truck Accident Lawyer?

If you suffered injuries in a truck accident, consider talking to a truck accident attorney as soon as possible. You and your loved ones need money to cover your medical bills, future medical expenses, property damage, and lost wages. A personal injury lawyer can significantly improve your chances of recovering compensation in your truck accident case.