Truck accidents are a significant concern on highways and roads, often resulting in severe injuries, fatalities, and extensive property damage. Given the sheer size and weight of commercial trucks, accidents involving these vehicles can be catastrophic.
Often, the result of a truck accident, including injuries and damage, depends on the type of collision. A skilled truck accident attorney can investigate your crash and look into the type of collision to help determine cause and liability and get you fair financial recovery for your injuries and losses.
Common Causes of Trucking Collisions
Understanding the causes of truck accidents can substantially help assess liability and pursue legal action. Typically, the cause of a trucking collision is a key contributing factor in the type of accident that results. Some of the most common causes of truck accidents include, but are not limited to:
Driver Fatigue
Long hours on the road can lead to driver fatigue, impairing judgment and reaction times for drivers. The Federal Motor Carrier Safety Administration (FMCSA) regulates driving hours to combat this issue, but violations still occur.
When a driver is fatigued, they can experience similar issues as those under the influence of alcohol. It’s imperative for truck drivers to take regular breaks and rest to drive more skillfully and avoid accidents.
Distracted Driving
Distractions are always present on the road, especially for drivers who spend long hours in their trucks. Still, it’s up to drivers to avoid these distractions and give their full attention to the task at hand.
Texting, eating, and grooming, among many other things, can distract truck drivers and lead to avoidable collisions.
Speeding
Trucking companies often impose strict deadlines for drivers, which motivate drivers to speed to reach their destinations quicker. Speeding substantially increases the risk on the road, reducing a driver’s ability to react hastily to hazards and making collision impacts much more severe.
Impaired Driving
Driving under the influence of alcohol or drugs is illegal and highly dangerous but a considerable problem for many truck drivers. Because of the long, lonely hours spent on the road, many truckers turn to alcohol and other substances to alleviate boredom or keep them awake for longer hours.
If a truck driver is found to be impaired at the time of an accident, they face civil liability and criminal charges. Additionally, the FMCSA has implemented drug and alcohol testing programs, requiring employers to implement and conduct testing. If an accident results from impairment, the driver’s employer may also face liability.
Poor Vehicle Maintenance
The FMCSA requires all vehicles to undergo regular inspections, repair, and maintenance. Neglected maintenance can lead to mechanical failures that cause serious accidents. Trucking companies have a legal obligation to maintain their vehicles properly, and failure to do so can result in serious risks and repercussions.
Weather Conditions
Inclement weather, including rain, snow, and fog, can drastically affect driving conditions. Truck drivers must adapt their driving to these conditions; failing to do so can lead to collisions and severe harm.
Road Hazards
Road hazards can make it much harder for truck drivers to drive safely. These hazards can include:
- Potholes
- Cracked, uneven roads
- Debris and loose gravel
- Inadequate lighting and signage
- Unsafe road construction zones
- Sharp turns and curves
- Shoulder drop-offs
When dangers are present on the road, truck drivers are more likely to lose control of their vehicles and crash into others in the surrounding area. When road hazards contribute to a truck accident, the governmental entity responsible for that stretch of road can be liable.
Improperly Loaded Cargo
Commercial vehicles regularly transport all sorts of cargo, from groceries to construction materials. Cargo must always be properly loaded and secured to avoid potential problems for drivers and dangers for others on the road. When cargo is not adequately loaded or secured onto the vehicle, it can shift during transit, causing the driver to lose control and cause accidents.
Types of Truck Accidents
Depending on the cause and specifics of the situation, there are numerous types of truck accidents. The following are some of the most common.
Rear-End Collisions
Rear-end collisions occur when a commercial vehicle strikes another vehicle from behind. These accidents are regularly caused by distracted driving, tailgating (due to a lack of stopping distance), and poor weather conditions.
A rear-end crash can lead to many kinds of injuries for victims, most notably whiplash and back injuries. Faults in rear-end accidents usually lie with the truck driver.
Jackknife Accidents
Jackknife accidents happen when a truck’s trailer swings out and forms an angle with the cab, resembling a folding knife. These collisions are usually caused by sudden braking, poor weight distribution, and wet or icy road conditions.
Jackknife crashes are unique and often cause multi-vehicle collisions, making it challenging to determine liability. Victims may need to pursue claims against the truck driver, the trucking company, the party responsible for cargo loading, or even vehicle manufacturers if mechanical failures contributed to the accident.
Rollovers
A rollover occurs when a truck tips over onto its side or roof. These accidents can be dangerous for truck drivers and others in the area.
Rollover accidents are usually caused by high speeds while turning, uneven weight distribution, or poorly maintained roads. These collisions often involve severe injuries and even fatalities.
It’s vital to determine the cause of the rollover. Based on this information, victims may file claims against the truck driver or the trucking company, particularly if the accident results from negligence in maintaining the vehicle or adhering to safety regulations.
Underride Accidents
Underride accidents occur when a smaller vehicle slides under a truck’s trailer, often resulting in severe injuries and fatalities for those involved. These collisions normally occur due to a lack of proper underride guards and distracted or aggressive driving on the truck driver’s part.
Trucking companies can be held liable for not equipping their trucks with appropriate safety features. Victims or their families may file personal injury or wrongful death claims to seek compensation for permanent injuries or losses.
Head-On Collisions
A head-on collision is a frontal crash between a truck and another vehicle. These crashes can happen because of driver fatigue, distracted driving, or impaired driving.
Due to the significant impact force, head-on accidents can lead to severe injuries. Establishing liability may involve demonstrating negligence or recklessness on the truck driver’s part.
Side-Impact Collisions
Also known as t-bone collisions, these accidents occur when a truck hits another vehicle from the side. Side-impact crashes are usually the result of running red lights or stop signs, distractions, and poor visibility conditions.
Side-impact collisions can lead to severe injuries, particularly for victims on the side that are struck by the truck. Injuries can range in severity from broken bones and lacerations to brain and spinal cord injuries.
Cargo Spills and Loss
Accidents can occur as a result of shifting cargo, but they can also happen due to spills and lost cargo. These collisions are usually caused by improperly secured loads, overloading, or sudden stops and maneuvers.
If cargo spills cause accidents, the trucking company or cargo loader may be held liable for negligence in securing the load. Claims can involve property damage, injury to other drivers, and potential environmental hazards.
Tire Blowouts
A tire blowout can lead to loss of control and subsequent accidents and injuries. Tire blowouts can happen for many reasons, typically involving poor maintenance, overloading, road debris, or defects.
If a blowout leads to an accident, the truck driver or trucking company may be liable, especially if the tires are improperly maintained. Product manufacturers or distributors can also be responsible if a defect was to blame.
Blind Spot Accidents
Every driver has to deal with blind spots, but truck blind spots are even more extensive due to the large size of commercial vehicles. Blind spot accidents occur when a truck driver fails to see other vehicles in their blind spot while changing lanes or merging. These collisions are caused by improper training, inexperience, and poor visibility.
Liability commonly falls on the truck driver for failing to check blind spots properly. Trucking companies, however, can also face liability, particularly if they do not equip their trucks with adequate mirrors.
Establishing Liability for Trucking Collisions
Determining who is at fault for a truck accident is essential for pursuing compensation. The process of establishing liability regularly involves:
- Investigating the accident
- Gathering witness statements
- Reviewing police reports
Liability is usually clearer after an investigation and determining the cause of the collision. However, it is not enough to state a party is at fault, as it is imperative to provide solid proof of liability. Truck accidents are commonly the result of negligence, which refers to a party failing to act reasonably given the circumstances. To establish negligence, victims must satisfy the necessary elements, including:
- Duty: The defendant owed you a duty of care at the time of the collision.
- Breach: The defendant’s actions or omissions caused a breach of their duty.
- Causation: There is a direct relationship between the defendant’s wrongdoing and your accident.
- Damages: You suffered damages from the collision, including monetary and non-monetary losses.
Proving liability can be challenging, so having a truck accident lawyer handle your claim is essential. Attorneys have the skills and resources to determine liability and prove fault to hold responsible parties accountable for their actions and secure fair compensation.
Evidence for Truck Accident Cases
Evidence plays a significant role in commercial truck accident cases. It can help prove the cause of the collision, liability, and the extent of your damages. Strong evidence can include:
- Police reports: Official accident reports provide an overview of the incident, including statements from involved parties and witnesses.
- Witness statements: Eyewitness accounts can offer insights into how the accident occurred and who may be at fault.
- Photographic evidence: Photos of the accident scene, vehicle damage, and road conditions can illustrate the circumstances of the crash.
- Surveillance footage: Video from traffic cameras or nearby businesses can provide a clear view of the accident.
- Truck data recorders (EDRs): These devices, like black boxes, capture vital data such as speed, braking patterns, and driving behavior leading to the crash.
- Maintenance records: Documentation of the truck’s maintenance history can show if mechanical failure contributes to the accident.
- Driver logs: Hours of service logs help determine if the driver was compliant with regulations regarding rest periods, which can affect fatigue levels.
- Cargo records: Evidence of how the truck was loaded and whether it was within legal weight limits can be relevant, especially if cargo shifting or spilling contributed to the collision.
- Medical records: Documentation of injuries sustained can help establish the extent of damages and potential long-term impacts.
- Expert testimony: Experts, like accident reconstruction specialists, can analyze the scene and provide opinions on how the accident occurred and who was at fault.
A truck accident lawyer can assess your situation to determine the type of evidence that would most benefit your claim. They can then request and obtain evidence and documentation to substantiate your claims and strengthen your case.
Potential Compensation for Truck Accidents
When you suffer harm in a truck accident, you deserve to pursue financial recovery. Compensation for truck accidents can vary widely depending on several factors, including the severity of injuries, state law, and the case details. You may be entitled to obtain economic and non-economic damages, including:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Disability
- Loss of enjoyment of life
Understanding how much your claim is worth helps ensure you don’t settle for less. A truck accident attorney can evaluate your situation, calculate your damages, and fiercely pursue full and fair compensation.
Following a Truck Accident, Seek Legal Assistance Right Away
If you’ve been involved in a trucking collision, you may feel stressed, overwhelmed, and unsure of what to do. Please consult with a local truck accident lawyer, as they can provide needed guidance, support, and direction for the future of your compensation claim.
Among the many tasks your Richmond personal injury lawyer can handle, they can analyze your type of truck accident to obtain necessary information, including that involving liability. Your lawyer can hold the appropriate parties responsible for their negligence and advocate for your best interests as they work to get you the monetary recovery you need.