While tractor-trailers transport goods and services all over the country, being involved in an accident with one can drastically alter the trajectory of your life. From the sustaining injuries to the associated losses and more, a victim of a semi-truck crash deserves strong legal representation. If you have been hurt, a truck accident lawyer from Thomas Law Offices is prepared to help you take action.
Accident victims have the right to pursue injury claims when someone else’s negligence contributed to their crash. Depending on who the at-fault party is, the claim can be complicated. Fortunately, our attorneys are well-versed of the best practices for seeking compensation for our clients. To provide you with an understanding of what the claims process could look like for you, we will start by exploring the trucking industry in the United States.
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The Trucking Industry in the United States
Nearly every product purchased in the United States is transported on a tractor-trailer at some point. According to the American Trucking Association, the trucking industry hauled 80.7% of the nation’s total freight bill in 2022. The industry’s gross revenue also saw a significant rise, reaching $940.8 billion.
An accident involving a semi and a passenger vehicle differs significantly from a crash between two passenger vehicles for several reasons. First, commercial freight trucks weigh upwards of 80,000 pounds or more, which is twenty times the weight of a car. Consequently, the severity of the injuries is likely to be greater. Additionally, the property damage is expected to be more extensive. Consequently, the victim could face higher medical bills, an extended period away from work, and substantial property losses.
Types of Tractor-Trailer Accidents
While there are some similarities between the types of car accidents and tractor-trailer crashes, certain accidents are unique to trucks due to their size. We have had clients come to us after a variety of accidents, including the following:
- Jackknife. A jackknife accident occurs when a trucker loses control of their vehicle, and the trailer swings up in front of the cab to form a V or L shape. These accidents most often happen when a driver brakes hard and quickly, but they can also happen if cargo has been improperly loaded.
- Rollover. Large trucks, due to their higher center of gravity, are more susceptible to tipping over. When a rollover occurs on a busy highway, multiple vehicles could be involved. The situation can become even more dangerous if the truck is hauling hazardous chemicals.
- Blind Spot. Due to their size, commercial vehicles have blind spots in front of them, behind them, and on each side. Both truckers and drivers need to be aware of the vehicles around them. If a truck is unaware of a vehicle in its blind spot and attempts to merge, the two vehicles could strike each other from the side.
- Wide Turn. If you have ever noticed uneven turning lanes, they are designed to ensure that truck drivers have enough space at intersections to turn safely. When a truck driver is not paying attention to the road or simply expects other smaller vehicles to yield to them, they are more likely to cause an accident while they are turning—regardless of how fast they are traveling.
- Underride/Override. Underride and override accidents rank among the deadliest truck crashes. An underride accident occurs when a vehicle strikes the rear of a truck and becomes trapped underneath it. In an override accident, the tractor-trailer essentially drives over the top of the vehicle in front of it.
No matter what type of accident you’ve been involved in, our attorneys are here for you and ready to help you pursue a claim.
Who Do You Hold Accountable for a Truck Accident?
If you have been involved in a tractor-trailer crash and are seeking compensation for losses that you know were not your fault, you have the right to file a claim. When you do so, you will need to have compelling evidence of fault. While every situation is different, you may be pursuing a claim against the truck driver, trucking company, or truck manufacturer.
The Truck Driver
When you initially pursue a personal injury claim after a truck accident, the first party you will investigate when determining fault is the truck driver. Some of the most common reasons for truck accidents include the following:
- Distracted Driving. If a truck driver is in an unfamiliar area and is more focused on their GPS or cellphone than than on their surroundings, they run the risk of getting into an accident.
- Driving Under the Influence. Commercial truck drivers are not supposed to drive under the influence of alcohol or drugs, but unfortunately, incidents happen. Substances distort the mind’s ability to properly perceive one’s surroundings, which is how accidents occur.
- Fatigued Driving. Truckers are often on the road for long periods of time. There are, however, limits to how long a driver can be on the road. If that is not followed, fatigued driving can be just as dangerous as drunk driving.
- Speeding. Boredom, distraction, and tight deadlines contribute to truck drivers speeding. Because of the size of tractor-trailers, truckers are more at risk of losing control when traveling at high speeds.
In the event another negligent action contributed to your crash, our lawyers can investigate to determine what happened and how to prove you are owed compensation.
Truck No-Zone
A truck no-zone refers to the blind spots around a truck, where the driver’s visibility is either completely obstructed or limited. The size and shape of the truck impair the driver’s line of sight, creating areas around the truck that are not clearly visible. A semi-truck has the following no-zones:
- Behind the truck’s cab on the left side
- Behind the truck’s cab on the right side
- Directly in front of the truck’s cab
- Directly behind the truck (trucks don’t have rearview mirrors)
Drivers of smaller vehicles should avoid truck no-zones, as they are invisible to the truck driver and may hinder safe maneuvering.
The Trucking Company
While truckers are responsible for ensuring they operate commercial vehicles safely, trucking companies are responsible for putting the right drivers behind the wheel and maintaining their vehicles.
Companies are expected to adhere to specific hiring practices regarding age, driving record, and experience. If a company attempts to hire someone who is underqualified in order to pay them less, and that driver gets into an accident, the company can be held accountable.
In addition to hiring the right truck drivers, trucking companies are responsible for maintaining their vehicles. This means ensuring all components are working properly and addressing any issues promptly. Bald tires, a broken steering mechanism, or improperly loaded cargo can quickly cause a crash—especially if a driver does not know how to correct the big rig before colliding with another vehicle.
The Auto Parts Manufacturer
Companies that manufacture parts for tractor-trailers are expected to ensure the auto parts they release meet expected quality standards. This means ensuring that the parts will not wear down prematurely or unexpectedly fail. However, some negligent companies may attempt to cut corners to save money.
To prove a defective product was the result of your truck accident, your lawyer will need to get to the root of the cause of your crash and trace the product back to its original designer, manufacturer, and seller. Then, they will be able to determine at what stage the defect occurred.
Maximize Your Compensation After a Semi Wreck
The compensation you are eligible for after a crash depends on a number of factors including the severity of your injuries, your ability to return to work, the mental anguish you have endured, and the factors related to your crash.
When your lawyer is valuing your case, the first thing they will look at is your economic losses. These are directly calculable, as they are based on real numbers. Your medical expenses, lost wages, and property damage are included. In some instances, your lawyer can determine what you are owed for future medical bills or, if you cannot return to work, diminished earning capacity.
Once your lawyer has determined your economic losses, they can work on figuring out what you are owed in terms of non-economic losses. Non-economic damages are harder to calculate, as they are based on more subjective forms of suffering. For instance, if your injuries have significantly disrupted your life, you may be eligible for greater non-economic damages compared to someone whose recovery only lasted a few weeks.
Thomas Law Offices Can Help
Tractor-trailer accidents can result in serious or even fatal injuries. At Thomas Law Offices, we believe victims deserve the chance at full and fair compensation. If you’ve been involved in a crash, you need help from a truck accident lawyer.
When we begin evaluating your situation, we will tell you honestly if we think you have a valid claim. If you do and you decide to proceed, we will guide you through the process and fight for your rights to a fair settlement. If need be, we wil not hesitate to take your case to court. To learn more, contact us today.