A collision with a tractor-trailer can turn your life upside down in seconds. Suddenly, you have devastating injuries, medical bills, lost earnings, a wrecked car, and pain and suffering.
What would you do if the worst occurred and you were in a truck accident? Below, learn what you should know if you’re ever in a truck crash. If you have questions after a tractor-trailer crash, speak to a Houston truck accident attorney.
They can review your case for free and advise if you have a case. You may be compensated if you prove another party’s negligence caused your injuries.
Human Error Causes Most Truck Accidents
First, you should know you are far from alone as a truck accident victim. The Federal Motor Carrier Safety Administration (FMCSA) states there are 5,000 deadly truck accidents every year and more than 100,000 with serious injuries.
When a big rig slams into a 4,000-pound car, the driver and passenger in the smaller vehicle may be severely injured. The truck’s weight and size generate huge crash forces that can destroy a passenger vehicle.
Most truck accidents happen because of truck driver error, including:
- Speeding: Going over the speed limit is dangerous, but it’s especially so for truckers. Speeding makes it harder for the trucker to stop quickly in an emergency. The Insurance Institute for Highway Safety states it takes 40 percent longer for a fully loaded big rig to stop than a typical car.
- Distracted driving: Most truckers drive up to 800 miles daily and may get bored. They can distract themselves from the monotonous terrain by texting, surfing the Internet, drinking, eating, smoking, or checking their GPS. All commercial truckers are obligated to drive carefully and obey the law.
- Drunk driving: A truck driver has a CDL or commercial driver’s license. A requirement for a CDL is to undergo routine drug and alcohol screenings. Despite the dangers of drinking and driving, far too many truckers are drunk behind the wheel, which causes severe accidents. They put passenger vehicle drivers at a higher risk of serious injury or death by driving under the influence.
- Tired driving: The FMCSA states trucker fatigue is related to too many hours behind the wheel. The agency has hours-of-service rules that limit the number of hours a driver can drive in a day or week. However, truckers may push the rules to make more money. About 13 percent of truckers report they were tired when they crashed.
Understanding why most truck accidents happen is essential because if you prove the driver or employer was negligent, they can be liable for your injuries.
You Can Be Entitled To Compensation
Second, if the trucker was negligent, you can receive compensation for medical expenses, lost income, and pain and suffering.
One aspect of truck accidents that is different from other motor vehicle crashes is you can potentially file a claim against various parties:
- Trucker: As noted earlier, truck driver error is involved in most truck crashes. You can sue the driver for your economic and non-economic damages.
- Carrier: If the trucker is employed directly by the trucking company, it can also be on the hook for your losses. Trucking companies have ample insurance policies because truck crash damages can cost hundreds or millions of dollars.
- Maintenance firm: The maintenance company can be liable if the accident happened because of a maintenance problem.
- Parts manufacturer: Did a truck component, such as brake pads, contribute to the accident? The parts manufacturer can be liable for your losses.
One of your truck accident attorney’s significant tasks is to research the crash and locate every person and party that can owe you damages. It is common for several parties to be blamed in a truck accident, such as the driver, employer, and other companies, such as the entity that loaded the trailer.
You Should Always Hire A Truck Accident Attorney
Third, always retain a tractor-trailer accident attorney if you suffered an injury in a truck crash. Trucking insurance companies are notorious for denying or undervaluing injury claims when the victim has no attorney. Some insurance company tactics that your attorney will not allow include:
- Pretending to be concerned about you: The other party’s insurance company will act like they care about your well-being, but they don’t. They aim to take advantage of your worst moment and lowball your settlement. The adjusters want to get information from you to damage your claim. A skilled personal injury attorney will talk to the insurance company, not you, so there’s no chance of a lowball settlement.
- Ignoring you: Insurance companies have a lot of money and know a truck crash victim needs money. They may slow walk your claim and not communicate often. Your attorney will insist that the claim is handled promptly. You won’t be ignored.
- Using your statements against you: Insurance companies like to record telephone conversations with injury victims. They want to twist your words to decrease compensation or deny your claim. Your attorney will speak to the insurance company, not you, so that you can focus on recovery.
- Offering you far too little: Most truck crash victims have broken bones, head trauma, internal injuries, amputations, or other severe injuries. You’ll likely need five, six, or even seven figures in damages to recover and move forward. But the adjuster may offer a small settlement initially to get you to sign and get less than you deserve. A truck accident attorney will negotiate for the most money for your losses.
Additional essential duties of a skilled truck accident lawyer are:
Hire Expert Witnesses
Obtaining fair compensation from a trucking company’s insurance provider is difficult. Their agents and adjusters begin collecting evidence from the crash immediately. They may even try to blame you for the accident.
A skilled truck accident attorney has a long list of expert witnesses who can prove fault in a truck crash. Judges, juries, and insurance companies place a high value on the testimony of experts. Your lawyer can bring in accident reconstruction experts, medical professionals, economists, psychiatrists, and others to prove your case.
Understand Injury Severity
A serious truck crash causes devastating injuries, and you may need years of medical treatment to recover. Your attorney will fully understand your injuries and the care you need today and in the future. Handling your own claim means risking receiving far less money for medical care essential to a full recovery.
Know How To Prove Liability
It might seem obvious to you that a truck rear-ended you at a red light and injured you. Fault may seem straightforward, but several things must be shown to get the insurance company to agree to a fair settlement:
- The trucker or employer had a standard of care. A truck driver has a professional driver’s license and must drive carefully, obey the law, and not cause accidents.
- The driver breached their standard of care: If they ran a stop sign and T-boned you, they violated the standard of care.
- The accident caused your injuries: Your doctor’s testimony and medical records should show that your injuries are because of a truck crash.
- You have damages, such as medical bills and lost earnings.
Your attorney knows how to prove fault in truck accidents. They will review the crash evidence, talk to witnesses, and prove that another party violated the duty of care and injured you.
Your Compensation Amount Depends On Many Factors
Next, you may wonder what your truck crash claim is worth. While a truck accident lawyer can provide a rough estimate, every claim differs. The same injuries can affect two people in different ways. One case can be worth $50,000 and another $500,000 or more. The following variables will influence the size of your settlement or case award:
The Severity Of Injuries
Your compensation will increase if you have a catastrophic injury that affects you permanently, such as an amputation injury, brain damage, spinal cord injury, or severe burns. The more severe the injury and the longer the recovery, the higher the case value.
On the other hand, you still can receive ample compensation for a broken leg, but there’s a good chance of a full recovery in many cases. So, the case value will be less than for a brain injury. Your attorney will retain medical experts to testify about the severity of your injuries.
Medical Bills
A severe injury such as a spinal cord injury may involve millions in medical bills. Most people can only get the care they need through compensation in a personal injury lawsuit. On the other hand, a broken bone will incur less in medical bills so that the claim value will be less.
Lost Earnings
Imagine if you suffered a spine injury in a head-on truck crash. You can be permanently disabled and unable to work anymore. You should receive compensation for lost earning ability for the years you would have likely worked if you hadn’t suffered an injury. Lost earnings compensation can be substantial for severe injuries. A less serious injury can involve compensation for your current and past lost earnings until you fully recover.
Insurance Coverage
Most trucking companies have $750,000 or more in insurance coverage, so there is usually enough insurance for serious injuries. However, if the trucker is self-employed, there may not always be enough insurance to compensate you adequately.
It can be difficult to obtain full compensation if there isn’t enough insurance. However, an option with a truck accident is to file a truck accident lawsuit against the liable trucking company. The company may decide to settle and offer a fair amount. The alternative is to go through an expensive lawsuit and risk a jury awarding you much more.
What Is The Process In A Truck Accident Claim?
You may wonder what the process is now that you understand essential things to know in a truck crash claim. These are the typical steps in a truck accident claim:
- Initial legal assessment: A truck accident attorney will provide a free case consultation to understand if another party’s negligence injured you. During this phase, the attorney may collect evidence, such as accident reports and witness statements, to know how the crash occurred.
- Documenting the case with evidence: If you have a case, your attorney will build the strongest case possible by compiling your medical records, crash evidence, and testimony from accident reconstruction experts. The purpose is to prove who caused the accident so they can negotiate a settlement.
- Negotiating with the insurance company: Most personal injury claims end with an insurance settlement. Your truck accident attorney will negotiate for the most money possible with the liable insurance company. There may be months of back-and-forth negotiations between your attorney and insurance provider.
- Going to court, if needed: Occasionally, the insurance company won’t offer a fair settlement, so your attorney may file a lawsuit in court.
Assuming the case is successful, any compensation you are provided in a settlement or court verdict will be sent to your attorney’s law office. They will deduct your legal and case expenses from the money, then write a check or wire the funds to your bank.
Retaining a truck accident lawyer is always the best option after a big rig accident. You’ll have much money at stake, so rely on a skilled attorney.
Contact A Truck Accident Attorney Now
A truck accident can be one of the worst things that happen to you in life. If the worst occurs, you should always retain a truck accident attorney. They have the experience to negotiate a financial settlement with the at-fault party’s insurance ensuring you are fairly compensated. They have skill at going up against the insurance for the truck driver, trucking company or possibly a government entity.
Truck accidents can leave you with serious injuries. This is an overwhelming situation. Speak to a truck accident attorney in your area today for free. You only pay for legal services if the attorney obtains money for you in a claim or lawsuit. There are no upfront legal expenses so that anyone can afford a truck accident attorney’s services.