Steven A. Bagen | October 2, 2024 | Truck Accidents

Truck driving on a winding mountain road at dusk, surrounded by rocky cliffs and dimly lit by fading daylight.

Flatbed truck accidents often result from negligence by either a truck driver or a trucking company. Drivers may drive while fatigued, speed, or fail to secure the load properly, making them negligent. You can hold trucking companies at fault if they don’t maintain their trucks, overload them, or hire unqualified drivers.

Both types of negligence can lead to dangerous accidents, causing serious injuries and property damage – making it important for victims to seek appropriate legal recourse.

If you suffered injuries in a recent flatbed trucking accident, an experienced Gainesville Truck Accident Lawyer in your area can review the accident circumstances with you and determine your legal options. Your personal injury attorney can then file a claim or lawsuit for the compensation you need.

 

FLATBED TRUCK ACCIDENT GUIDE

Common Categories of Flatbed Trucking Accidents

Flatbed truck accidents can lead to severe consequences, especially when they result from negligence by a truck driver or trucking company.

Several common categories of flatbed truck accidents arise from such negligence.

  • One of the most frequent causes is improper loading. Flatbed trucks often carry oversized or unsecured cargo, and if the load is not properly balanced or tied down, it can shift or fall onto the road while the truck is in motion. This can cause serious accidents, as vehicles following behind the truck may not have enough time to avoid the falling debris. Trucking companies and drivers are responsible for ensuring that loads are securely fastened before driving.
  • Another common type of flatbed truck accident involves mechanical failures, such as brake or tire malfunctions. Flatbed trucks are large and heavy, requiring regular maintenance to stay in safe working order. When trucking companies neglect proper inspections and repairs, mechanical failures can occur, leading to accidents. If brakes fail, for example, a truck driver may be unable to stop in time to avoid a collision – especially on highways.
  • Driver fatigue also contributes to flatbed truck accidents. Truck drivers often work long hours, and if they fail to get enough rest, their reaction times and decision-making abilities can become impaired. This negligence can result in crashes, especially if the driver falls asleep behind the wheel or is too tired to respond to changing road conditions.
  • Speeding or reckless driving is another common factor in flatbed truck accidents. Large trucks take longer to stop and are harder to control than smaller vehicles, especially at high speeds. When drivers operate their trucks recklessly, such as by speeding or making sharp turns, they increase the likelihood of losing control, which can cause serious accidents.
  • Lastly, poor driver training is a key factor in flatbed truck accidents. Trucking companies are responsible for ensuring that their drivers are properly trained to handle the unique challenges of operating flatbed trucks. If a driver is inexperienced or inadequately trained, they may not know how to properly handle the vehicle in hazardous conditions, increasing the risk of an accident.

In all of these cases, negligence by the driver or trucking company significantly contributes to accidents that could otherwise be avoided.

Common Injuries in a Flatbed Truck Collision 

Flatbed trucking accidents can cause serious injuries, especially when the truck driver or trucking company is negligent. Due to the size and weight of these trucks, collisions often result in severe harm to those involved.

Here are some of the most common injuries that people may suffer in flatbed truck accidents resulting from others’ negligence:

  • One of the most common injuries is head trauma, which can range from concussions to severe traumatic brain injuries (TBIs). When a flatbed truck collides with a car, the impact force may cause the head to strike the dashboard, steering wheel, or window, leading to serious brain damage. TBIs can result in memory loss, difficulty concentrating, and long-term cognitive problems.
  • Another frequent injury is whiplash. In rear-end truck collisions, the force of the crash can jerk the head and neck violently back and forth, damaging the soft tissues in the neck. Whiplash can cause pain, stiffness, and limited range of motion, sometimes lasting for months or even years.
  • Spinal cord injuries are also common in flatbed truck accidents. These injuries can occur when the force of the crash compresses or fractures the vertebrae. Severe spinal cord injuries can lead to partial or full paralysis, depending on the location of the injury. Paralysis can be life-changing, requiring long-term medical care and rehabilitation.
  • Broken bones are another common outcome of flatbed truck accidents. The force of the crash can cause fractures in the arms, legs, or ribs. While some fractures may heal with time, others can require surgery or result in long-term complications.
  • Internal injuries are particularly dangerous in flatbed trucking accidents. The strong force of the collision can cause internal bleeding or damage to organs such as the kidneys or liver. These injuries may not be immediately obvious but can become life-threatening without prompt medical attention.

Finally, emotional trauma often accompanies physical injuries. Victims of flatbed truck accidents may experience post-traumatic stress disorder (PTSD), anxiety, or depression after the crash. This debilitating mental distress may require therapy or counseling.

What Are the Elements of a Third-party Flatbed Truck Accident Case?

Proving the legal elements of a third-party flatbed truck accident case requires establishing that the truck driver or trucking company was negligent and caused the accident.

To succeed in a claim, you must prove duty of care, breach of duty, causation, and damages.

  • The first element is the legal duty of care. In any third-party flatbed truck accident case, the injured accident victim must demonstrate that the truck driver or trucking company owed a legal duty to others on the road. Truck drivers are responsible for operating their vehicles safely, following traffic laws, and ensuring their trucks are properly maintained. The trucking company, on the other hand, must hire qualified drivers, properly load cargo, and maintain their fleet in safe working order. By default, both parties owe this duty of care to protect others from harm.
  • The second element is a breach of duty. After establishing the legal duty of care, the accident victim must prove that the truck driver or trucking company failed to meet this responsibility. This can occur in many ways, such as a driver speeding, driving while distracted or fatigued, or not securing cargo properly. The trucking company may fail to maintain their trucks, hire unqualified drivers, or allow overloading. To prove a breach, you may use evidence such as traffic camera footage, witness statements, or company records.
  • The third element is causation, meaning that the breach of duty directly led to the accident. Here, the accident victim must show that the truck driver’s or trucking company’s negligence was the cause of both the crash and the resulting injuries. Medical records, accident reconstruction reports, and expert testimony can help link the negligent actions to the injuries sustained in the accident.
  • The final element is damages, which means the injured party suffered actual harm or losses due to the accident. These damages may stem from physical harm, such as medical bills and pain from injuries, or financial, such as lost income from missed work. In many cases, you may claim emotional distress.

By proving all four elements, injured accident victims can build a strong third-party case, holding the negligent party accountable and allowing the injured person to recover compensation.

Compensation You Can Recover in a Third-party Flatbed Truck Accident Case

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In a third-party flatbed truck accident case, victims may be entitled to compensation for different types of damages, depending on the severity of their injuries, the extent of property damage, and the overall effect on their lives.

Compensation helps victims recover from their losses and return to their previous quality of life as much as possible.

Here are the main damages you may recover in such cases:

  • The first type of damage is medical expenses. After a flatbed truck accident, victims may need extensive medical treatment, including emergency room visits, surgeries, medications, physical therapy, and follow-up appointments. If the injuries are severe, future medical care may be necessary. Compensation can cover both current and future medical expenses related to the trucking accident.
  • Another damage is lost income. Many victims are unable to return to work for days, weeks, or even months after a serious accident. Compensation for lost earnings can help make up for the income missed during this time. If the victim is permanently disabled or unable to return to their previous job, they can recover compensation for lost earning capacity, which accounts for the long-term effect on their ability to work and earn a living.
  • Pain and suffering is another important category of damages. Flatbed truck accidents often cause severe physical pain and emotional distress. Pain and suffering compensation is meant to account for the non-economic damages the victim experiences, such as chronic pain, emotional trauma, anxiety, and depression. The amount awarded for pain and suffering can vary based on the severity of the injuries and their long-term effects on the victim’s life.
  • Property damage is another form of damages that victims can recover compensation for. If the flatbed truck accident caused damage to the victim’s vehicle or personal belongings, compensation can cover the cost of repairs or the value of the destroyed property.
  • In some cases, victims may also be awarded punitive damages. Unlike other forms of damages, punitive damages punish the negligent party for particularly reckless or dangerous behavior and deter similar conduct.

Settling Versus Litigating a Third-party Flatbed Truck Accident Case

Deciding whether to settle or litigate a third-party flatbed truck accident case is a critical choice that can significantly affect your compensation. Both options have advantages and disadvantages that you must understand before deciding.

Settling a case means agreeing with the at-fault party or their insurance company without going to court. Settlements are often faster and less stressful than a trial. In most cases, both parties negotiate a settlement amount, which covers damages like medical expenses, lost income, and pain and suffering.

Settling provides certainty. You know the exact amount of compensation you will receive, and you avoid the uncertainty of a trial verdict. Additionally, settlements often take less time and involve fewer legal costs, allowing you to move on with your life more quickly.

However, settling a case can also have downsides. In some cases, insurance companies may offer a lower settlement than you deserve. If you accept this amount, you waive your right to pursue additional compensation through litigation, even if your damages exceed what you were offered.

For this reason, consult an experienced Gainesville Truck Accident Lawyer who can evaluate whether the settlement covers all of your losses.

On the other hand, litigating a case means taking the claim to court, where a judge or jury will determine the outcome. Litigation can lead to a higher payout if the evidence strongly supports your case, especially if the trucking company or driver was grossly negligent. This is often the case when a settlement offer does not adequately reflect the extent of your injuries or damages.

However, litigation has its risks. Going to trial can be time-consuming, expensive, and emotionally draining. There is also no guarantee that you will win the case or receive the amount of compensation you are seeking.

An experienced Gainesville Truck Accident Lawyer in your jurisdiction can help you decide between settlement and litigation based on your circumstances.

Speak with an Experienced Truck Accident Lawyer Today

If you recently suffered injuries in a flatbed truck accident, a skilled Gainesville Truck Accident Lawyer will handle every step of the legal process. Your personal injury lawyer can file a claim with the insurance company, negotiate on your behalf, or litigate your case to a swift conclusion in the state court system.