Why Truck Accidents Can Happen? A Brief Guide
There are many reasons why truck accidents can happen. Unfortunately, these same factors can also lead to a truck accident involving a regular car. For instance, if for any reason a truck loses its brake, it can cause accidents that may involve both – a truck and nearby vehicles. Also, trucks can cause more damage in accidents as they are larger and heavier than cars. It’s the truck’s size and weight itself that could make the consequences severe.
That is why it is important to know what causes truck accidents for general road safety. This article will discuss major factors that lead to truck accidents and ways how one can deal with them if one encounters any one day. By being aware of these risks, we can take measures to protect ourselves and others when driving on the road.
Why Truck Accidents Can Happen?
Driver Fatigue
Truck drivers spend most of their time driving, covering long distances every day. Sometimes, they engage in continuous driving and overwork, which disrupts their sleep pattern and makes them tired during the day. Truck drivers are almost as likely to cause accidents as drunk drivers because fatigue affects their ability to drive safely. This tiredness makes them sleepy which increases the possibility of a truck accident.
Dangerous and Careless Driving
Even though truck drivers get professional training, they can still get road rage. One of the top reasons why truck accidents can happen is because truck drivers drive aggressively. Sometimes they may get very careless and change lanes quickly without being cautious. In some cases, truck drivers may intentionally attempt to cause an accident with other vehicles, especially when they feel provoked by the driver’s behavior. This can lead to dangerous yet common truck accident injuries.
Inexperience or Lack of Training
Sometimes commercial truck drivers are inexperienced or not properly trained. Due to their lack of knowledge, they are more likely to make mistakes on the road. The occurrence of the truck accident could have been prevented with proper training.
Mechanical Failures
One of the main reasons why truck accidents can happen is the lack of attention to small mechanical issues by commercial truck drivers. Even though these faults can be small, they can cause a lot of damage on the road. Sometimes the truck is not well maintained and some minor failures occur. Can you imagine a truck without brakes or steering performing as per expectations? Definitely no! Therefore, it is important for commercial truck drivers to service their trucks before they start driving on roads since this is one of the ways that increases safety.
What To Do After a Truck Accident?
If you ever get in a truck accident, it’s very important that you take the required measures to ensure that you are saved and protected legally. Here is what you need to do:
- Contact the police: It’s very crucial to contact the police immediately after a truck accident. The police have been sent to research properly and see the scene of an accident. Another aspect of this process is that they would write a report to tell what happened. These records are prime witness material that could help the defense to build their case.
- Seek medical attention: If you think you feel okay, it does not mean you are out of danger, therefore, do not hesitate to have yourself checked by a doctor ASAP. In accidents involving big trucks, some injuries might be disguised as whiplash or internal bleeding. These injuries might not be detected quickly or can be very severe. It’s thus important to have proper medical attention since such a case would give opportunity to qualified medical experts to make a full assessment of the patient.
- Hire a lawyer: After getting medical treatment, you should consider going for a truck accident attorney to process cases. They can talk you through your legal rights and show you the options with the process. This will assist you in recovering the cost of medical care, pain and suffering, and property losses.
What Compensation Can You Ask For?
When you take legal action against someone, it’s for getting compensation for the physical, emotional, and financial damage they cause. In many truck accident cases, your lawyer will ask for one or more of these types of payments:
- Payment for the pain and suffering you went through.
- Getting paid back for the money you spent on medical care.
- Money to help pay for future medical care you might need.
- Money for the income you missed out on because you couldn’t work.
- Getting money for the income you might miss out on in the future.
- Getting paid for things that were damaged or destroyed.
It would be best if the other party’s insurance could pay for everything. If that’s possible, your truck wreck lawyer will try to talk with the insurance company’s representatives to agree on a fair amount. But if they won’t agree, you might have to sue them in court to get your deserving compensation.
How Truck Accident Lawyers Establish Financial Responsibility?
Finding out who’s responsible for a truck accident can be a challenging task. However, having an experienced truck accident lawyer by your side can ease the entire process of investigating and determining who should pay for your damages.
Here are some potential parties your lawyer might hold accountable for your damages:
The Trucking Company
Companies that hire drivers of trucks can be held responsible for accident injuries. That may be the case if the driver is poorly trained, does not have an appropriate license, or is working for the company when the accident happened. Thus, any damage caused due to the driver’s actions but on the company’s rules or training, then the company will be to blame.
The Repair or Maintenance Facility
If the crash takes place because the vehicle wasn’t properly maintained or repaired, the facility accountable for that probably could be at fault. Trucks need frequent maintenance to remain safe. If that doesn’t happen, and this eventually results in an accident, the repair shop might be held accountable for the damages.
The Cargo Loader
What if the truck’s cargo wasn’t loaded well, and as a result caused the accident? The company that performs the loading process could be the responsible party. If the goods were not balanced correctly, not secured well, or shifted around during the journey, the carrier that loaded them may have to cover the costs of any resulting damage.
The Truck or Parts Manufacturers
However, sometimes the accident happens due to a defect in the truck or one of its parts. In that case, the truck-making company or the company that made the part installed could bear the responsibility. In case, there were problems in designing or building the truck, or if, for example, the brake or the tire part failed, the manufacturer could possibly be responsible for the damage.
Legal Perspective to Deal with Common Truck Accident Injuries
To deal with such accidents, you can immediately contact the best lawyers for truck accidents for legal advice. The following might be steps taken by a truck wreck lawyer:
- Investigation: A serious truck crash lawyer gathers proof like the police report, interviews witnesses, and consults experts to know what exactly transpired.
- Understanding Regulations: There are complex rules governing truck accidents. Such laws will be analyzed by an experienced truck crash injury attorney to check if anyone violated them resulting in the accident.
- Assessing liability: It is not easy to determine who caused a truck accident. Lawyers go through the actions of the truck driver, the company that owns it, and others to establish who should take responsibility.
- Computing Damages: A truck wreck lawyer sums up all kinds of injuries suffered by his clients including medical costs, lost salaries or wages, and suffering.
- Talking With Insurance Companies: Lawyers negotiate settlement amounts with insurance firms on behalf of their customers while avoiding court proceedings.
- Litigation: If insurers fail to settle amicably, the truck accident lawyer may proceed directly through courts to vindicate their clients’ rights.
What Evidence Proves Liability in Your Truck Accident Case?
Having a strong file of evidence is crucial for your truck accident case. The documents and the physical evidence can help you to achieve a settlement rather than going to a trial. Some evidence can be challenging to collect but don’t worry, you can always reach out to an accident attorney or a legal team. They can collect, organize, and present this evidence to the at-fault party and their representative on your behalf. Here’s what you may need:
The Truck Accident Report
The police report can be one the most crucial pieces of evidence to handle your case. It includes:
- Names and insurance info of everyone involved.
- Photos captured by the police at the accident site.
- Details about the weather and road conditions during the accident.
- Where the vehicles hit each other.
- Names and statements from people who saw the accident.
- Notes on what the drivers were doing at the time.
This report also covers possible causes, injuries, and vehicle damage, and often includes diagrams and narratives from the police.
Visual Evidence
Visual evidence like photos and videos can strongly support your case. It commonly includes:
- Videos from the truck or other vehicles.
- Images and videos were taken by people who saw the accident.
- Footage from nearby cameras that caught the accident.
- Your lawyer will gather and review this evidence to support your claims.
Medical Evidence
Your medical records and bills show:
- How the accident caused your injuries.
- Details about how serious your injuries are.
- The money spent on your treatment and future medical expenses until you recover fully.
Proof of Income
You deserve compensation for any income you lost because of your injuries. This includes:
- Wages from full-time or part-time jobs.
- Money lost if you own a business.
- Income from freelance or consulting work you missed out on.
Witness Statements
Eyewitness accounts are very helpful. Your lawyer will:
- Talk to people who saw the accident.
- Get opinions from experts, like doctors and truck industry specialists, to support your case.
- By gathering all this evidence, your lawyer can build a strong case to prove who is responsible and get you the compensation you deserve.
Why Should I Hire a Truck Accident Lawyer?
Hiring a truck accident lawyer after your collision can be crucial for protecting your interests and seeking justice. A lawyer’s role depends on your specific needs and the details of your accident, but you can rely on them to help you pursue the compensation you deserve and hold the responsible party accountable.
Here’s how a truck accident lawyer can help you in handling your case:
Safeguarding Your Rights
- A lawyer will explain your rights as an accident victim and how the laws apply to your case.
- They will send a letter to the trucking company to make sure all possible evidence is saved.
- They will ensure that all legal deadlines are met and start working on your case promptly to gather fresh evidence.
Conducting a Thorough Investigation
- The lawyer will conduct a thorough investigation to understand how the accident happened and who is at fault.
- They will collect evidence such as police reports, witness statements, and any available video footage.
- The lawyer may also work with accident reconstruction experts to strengthen your case.
Documenting Injuries and Losses
- Your lawyer will gather all medical records and bills to document the extent of your injuries.
- They will also collect proof of income losses, property damage, and other expenses related to the accident.
- This comprehensive documentation helps in calculating the full extent of your damages.
Navigating the Claims Process or Going to Trial
- Your lawyer will negotiate with the at-fault party’s insurer to seek a fair settlement on your behalf.
- They will handle all communications with insurance companies, ensuring your statements are not used against you.
- If a settlement cannot be reached, the lawyer will represent you in court to pursue the compensation you deserve.
Securing the Compensation You Deserve
- Your lawyer will use their knowledge of commercial vehicle accident law to advocate for the highest possible compensation.
- They will aim to recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
- By representing your best interests, they help to secure a payout that covers all your losses and helps you move forward.
How to Find the Best Lawyers for Truck Accident Cases?
To make sure that you find a serious truck crash lawyer for your case, you can search online for “truck accident lawyers near me” and review the list. You can also find the best lawyers for truck accidents by considering their specific experience, and their understanding of trucking regulations. You can further search for reviews, and testimonials and and even request a free initial consultation to discuss more. You can even specify the location when searching, such as “truck accident lawyer Kansas City”. This will help you to extract more accurate results and find the best lawyers for truck accidents.