Steven A. Bagen | October 3, 2024 | Truck Accidents \ Uncategorized

What Happens When ​Unqualified Truck Drivers Crash?

Semi-truck accidents frequently happen when truck drivers or trucking companies are negligent in some way. This negligence can take on a variety of forms but usually involves violating one or more traffic laws or motor carrier regulations. It can also involve negligently hiring or retaining problem truck drivers.

If you or someone you love sustained injuries in a recent semi-truck accident, a skilled Gainesville Truck Accident Lawyer in your area can go over your legal options with you and fight for the compensation you need.

 

SEMI-TRUCK ACCIDENT SETTLEMENT GUIDE

Common Injuries and Medical Treatment Following a Semi-truck Accident

Semi-truck accidents can cause serious injuries because of the size and weight of these vehicles. The most common types of injuries include:

  • Head and Brain Injuries – When a person’s head strikes something inside their vehicle, they can suffer a concussion or other traumatic brain injury (TBI). These injuries may lead to long-term memory problems, difficulty concentrating, or frequent mood changes.
  • Neck and Back Injuries – Whiplash is a common neck injury resulting from sudden movement of the head during a truck collision. More severe accidents can result in herniated discs or spinal cord injuries, which may lead to paralysis or chronic pain.
  • Broken Bones – The strong force of a truck crash can easily break bones, and common fractures may occur in the arms, legs, or ribs. These injuries often require surgery and may take months to heal, during which time the victim may be unable to work or perform everyday tasks.
  • Internal Injuries – The force of a truck collision can also cause damage to internal organs like the lungs, liver, or spleen. These injuries are dangerous because they may not be immediately visible but can lead to life-threatening conditions if left untreated.
  • Open Cuts and Lacerations – Sharp objects or shattered glass in a truck accident can cause deep cuts, which may require stitches or even plastic surgery to repair.

In addition to physical injuries, trucking accidents can also lead to emotional trauma. Victims may develop conditions like post-traumatic stress disorder (PTSD), anxiety, or depression, especially if the accident was particularly violent or involved fatalities.

Medical treatment for semi-truck accidents can vary depending on the injury. Common treatments include:

  • Emergency care, including immediate care at the scene and in the hospital, such as first aid, X-rays, and scans to assess the extent of injuries
  • Surgery, especially for injuries like broken bones, internal injuries, or severe cuts
  • Physical therapy to help restore movement and strength – especially for back, neck, or spinal injuries
  • Psychological counseling to help victims cope with emotional trauma after a serious truck accident

How Do Truck Drivers and Trucking Companies Cause Semi-truck Accidents?

Semi-truck accidents can be devastating, and many of them result from the negligence of truck drivers or trucking companies. There are several ways that this negligence can lead to serious accidents:

  • Driver Fatigue – One of the most common causes of semi-truck accidents is driver fatigue. Truck drivers are often required to work long hours with little rest. Federal regulations limit the number of hours a driver can be on the road, but some drivers and trucking companies push these limits to meet deadlines. Fatigued drivers are more likely to make mistakes, fall asleep at the wheel, or have slower reaction times.
  • Distracted Driving – Distracted driving is another major issue. Truck drivers may become distracted with their phones, GPS devices, or other activities while driving. Even a moment of distraction can cause a driver to lose control of their truck or fail to react in time to avoid a crash.
  • Speeding – Truck drivers who speed to meet tight deadlines or delivery schedules put everyone else on the road at risk. Due to the large size and weight of semi-trucks, they require more time and distance to come to a stop. Speeding increases the chances of a collision, especially in areas with heavy traffic or bad weather conditions.
  • Improper Loading – Negligence doesn’t just happen on the road; it can also occur before the semi-truck even leaves the loading dock. Improperly loaded cargo can cause a truck to become unbalanced, leading to accidents. If the load is not secured properly, it can shift during transit, which may cause the driver to lose control.
  • Inadequate Truck Maintenance – Trucking companies are responsible for ensuring their vehicles are in safe working condition at all times. Failing to properly maintain trucks can lead to brake failures, tire blowouts, or other mechanical problems. When a truck malfunctions, it can lead to deadly accidents – especially at high speeds.
  • Lack of Driver Training – Some trucking companies cut corners by not properly training their drivers. Inexperienced drivers may not know how to handle hazardous road conditions or properly operate a large vehicle, which increases the likelihood of a crash.

Negligence by truck drivers and trucking companies can have severe consequences. When they fail to follow safety rules or ignore regulations, they put everyone on the road in danger.

Proving the Elements of a Semi-truck Crash

In a semi-truck accident case, proving liability involves demonstrating that the truck driver, trucking company, or another party acted negligently and caused the accident. There are four legal elements of proof that must be established to succeed in a third-party negligence claim: duty of care, breach of duty, causation, and damages.

  • Duty of Care – The first element requires showing that the truck driver or company owed a duty of care to other road users. Truck drivers are required by law to operate their vehicles safely and follow federal regulations. Similarly, trucking companies must ensure that their vehicles are well-maintained, drivers are properly trained, and federal safety standards are met.
  • Breach of Duty – Next, the accident victim must establish that the truck driver or company breached this duty of care. A breach occurs when a driver acts recklessly or fails to meet the standard of care expected of a professional driver. Examples of breaches include speeding, driving under the influence, driving while fatigued, or failing to properly secure cargo. For trucking companies, a breach may involve failing to maintain the truck properly or neglecting to screen drivers for a history of reckless behavior.
  • Causation – Once a breach of duty is established, the accident victim must prove causation. This means showing that the at-fault party’s actions directly led to the accident and the injuries sustained. For example, if a truck driver was speeding and rear-ended another vehicle, the victim must demonstrate that the speeding caused the collision. The victim must also prove that their injuries were a direct result of the crash and not from some unrelated event.
  • Damages – Finally, the victim must prove that they suffered damages due to the accident. These damages can include medical bills, lost income, pain and suffering, and property damage. The extent of these losses must be clearly documented.

To support these legal elements, various types of evidence may be introduced, including:

  • A police report documenting the accident scene
  • Eyewitness testimony from those who saw the crash
  • Truck driver logs to prove hours-of-service violations
  • Maintenance records showing whether the truck was properly maintained
  • Surveillance footage or dashcam videos capturing the crash
  • Expert testimony from accident reconstruction specialists or medical professionals

Introducing this evidence can prove that negligence occurred and that the truck driver or trucking company is responsible for the victim’s injuries and losses.

How to Make Sure You Get the Compensation You Need

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To ensure you receive fair compensation after a semi-truck accident, several important actions must be taken beyond the accident scene and initial medical care. These steps can significantly affect the success of your claim and the amount of compensation you receive.

  • First, it’s crucial to document your recovery. Keep detailed records of all medical treatments, medications, and therapy sessions. This includes follow-up visits with doctors, surgeries, or physical therapy. Maintain a journal of how your injuries affect your daily life, including pain levels, emotional distress, and any restrictions on your activities. The more detailed and organized your documentation, the stronger your case will be.
  • Another important step is to stay off social media. Insurance companies often monitor claimants’ online presence, looking for any posts or pictures that may contradict your claim. Even an innocent photo or comment can be twisted to suggest that your injuries aren’t as severe as you claim, so it’s best to avoid posting anything related to your accident or recovery.
  • You should also avoid discussing the case with anyone besides your lawyer. Casual conversations with friends or coworkers can potentially harm your case if details get misrepresented or shared with the wrong person. Always consult with your attorney before speaking about your case with anyone – especially the trucking company’s insurance adjuster or lawyers.
  • One of the most important steps is to retain an experienced truck accident attorney. Semi-truck accident cases are often complex, involving multiple parties, such as the driver, trucking company, and their insurance providers. A skilled Gainesville Truck Accident Lawyer can navigate these intricacies, gathering crucial evidence such as driver logs, truck maintenance records, and company safety records. They will also handle all negotiations with insurance companies, which typically aim to offer the lowest possible settlement.
  • Finally, be patient and don’t rush to settle. Insurance companies often offer quick settlements that may seem tempting but are usually far less than what you deserve. Consult your attorney to fully understand the long-term effects of your injuries and damages, ensuring that any settlement offer reflects the true cost of your medical bills, lost income, and pain and suffering. With persistence and the right legal representation, you can secure the full compensation you deserve.

How Much is a Third-party Semi-truck Accident Claim or Lawsuit Worth?

The amount of compensation you may receive in a semi-truck accident case depends on several factors. These factors affect how much you can recover for your injuries, damages, and other losses:

  • Severity of Injuries – One of the biggest factors in determining compensation is the seriousness of your injuries. Severe injuries, such as broken bones, spinal cord damage, or TBIs, generally lead to higher compensation. This is because the medical costs, recovery time, and long-term effects on your life are greater.
  • Medical Expenses – You can be compensated for the medical bills you’ve already paid as well as for future treatment. This includes hospital stays, surgeries, medication, physical therapy, and even mental health treatment if necessary. The more extensive your medical needs, the more compensation you can typically expect to recover.
  • Lost income – If your injuries prevent you from working, you can recover compensation for lost earnings. This includes the time you’ve already missed from work and future lost earning capacity if your injuries keep you from returning to your job or performing at the same level.
  • Pain and Suffering – Semi-truck accidents often cause both physical and emotional pain. You may be entitled to receive compensation for pain and suffering directly resulting from the accident. This includes the physical discomfort from your injuries and the emotional distress, such as anxiety, depression, or trauma from the accident.
  • Property Damage – If your vehicle or other personal property was damaged or destroyed in the accident, you can seek compensation to repair or replace those items. The cost of repairing your car or buying a new one is typically part of the claim.

There are two main categories of recoverable compensation in a third-party truck accident claim or lawsuit: economic and non-economic damages.

  • Economic damages cover your financial losses, such as medical expenses, lost income, and property damage.
  • Non-economic damages are intangible losses like pain and suffering, emotional distress, and loss of life enjoyment.
  • In some cases, if the truck driver or company acted recklessly, you may also be awarded punitive damages. These are meant to punish the wrongdoer and deter others from similar actions.

If you recently sustained injuries in a semi-truck accident resulting from a truck driver or trucking company’s negligence, an experienced truck accident attorney in your jurisdiction can immediately investigate your accident circumstances and determine your legal options. Your Gainesville Truck Accident Lawyer can also file a third-party claim with the truck driver or trucking company’s insurer on your behalf and will work to maximize the compensation you receive for your losses.