Expert 18-Wheeler Injury Attorneys
We understand that the aftermath of an 18-wheeler accident can be devastating both physically and emotionally. Medical bills pile up, missed work leads to lost income, which can cause financial stress. At the same time, insurance companies may push back, working to limit what they pay rather than offer a fair settlement. Facing all of this on your own can feel overwhelming—but the good news is, you don’t have to.
At Wettermark Keith, our dedicated 18-wheeler accident attorneys are prepared to guide you through the complexities of your personal injury lawsuit. Our attorneys will work tirelessly to ensure you receive adequate compensation to cover your medical bills, lost wages, and emotional distress. We’ll advocate on your behalf to obtain the resources you need to heal and rebuild your life.
Understanding 18-Wheeler Accidents
An 18-wheeler accident involves a collision between a large truck and another vehicle, pedestrian, or structure. Given the massive size and weight of an 18-wheeler, up to 80,000 pounds when fully loaded, these accidents often lead to severe injuries or fatalities. Accidents involving these vehicles are often fatal. The National Safety Council (NSC) indicates more than 5,000 people die each year in 18-wheeler accidents and more than 140,000 experience devastating, life-altering injuries.
How Does an 18-Wheeler Accident Occur?
18-wheeler accidents can occur due to a large number of reasons, most of which are rooted in negligence, either on the part of the truck drivers or the trucking companies.
Speeding is one of the most common causes of 18 wheeler accidents. Given the massive size and weight of these vehicles, controlling them at high speeds becomes increasingly difficult, leading to a higher risk of accidents.
Fatigued driving is another significant cause of 18-wheeler accidents. Truck drivers often work long hours and cover vast distances, leading to exhaustion. This fatigue can impair their reaction times and decision-making abilities, increasing the likelihood of an accident. While federal regulations are in place to mitigate this risk, they are often violated.
Distracted driving, such as using a mobile phone, eating, or adjusting the radio, is another common cause of these accidents. Even a momentary lapse in attention can lead to catastrophic consequences when operating an 18-wheeler.
Improper cargo loading can also lead to accidents. If the cargo is not correctly secured or is unevenly distributed, it can cause the truck to become unstable, leading to rollovers or other types of accidents. Overloading the truck beyond its maximum weight limit can also make it more difficult to control.
Poor truck maintenance, such as failing to regularly check and maintain essential components like brakes, tires, lights, and other safety systems, can lead to a devastating accident.
What Injuries Are Sustained in an 18-Wheeler Accident?
The sheer size disparity between an 18-wheeler and a standard passenger car can lead to catastrophic injuries. Victims of these accidents typically face a range of physical traumas, from broken bones and burns to traumatic brain injuries and spinal cord damage. The recovery process can take months or even years, with victims often requiring numerous surgeries, lengthy hospital stays, and extensive rehabilitation.
While the toll an 18-wheeler accident takes on the body is immense, the psychological costs can be equally devastating. Survivors might battle post-traumatic stress disorder (PTSD), depression, anxiety, and insomnia, haunted by flashbacks of the accident. Below are some of the most common injuries sustained in 18 wheeler accidents:
- Traumatic Brain Injuries (TBIs) – these injuries occur when a sudden trauma, such as a collision, causes damage to the brain. TBIs can range from mild concussions to severe brain damage. Symptoms can include headaches, confusion, dizziness, memory loss, and in severe cases, prolonged unconsciousness or coma. Long-term effects can include cognitive impairment, emotional and behavioral changes, and physical disabilities.
- Spinal Cord Injuries – these injuries result from damage to the spinal cord or nerves at the end of the spinal canal. They often cause permanent changes in strength, sensation, and other body functions below the site of the injury. This can result in partial or complete paralysis, including paraplegia and quadriplegia.
- Broken Bones – the force of an 18-wheeler collision can easily break bones. These fractures can range from simple breaks that heal relatively quickly to complex fractures that require surgery and extensive rehabilitation. In severe cases, victims may suffer from multiple broken bones.
- Burns – if a truck accident leads to a fire or explosion, victims can suffer from severe burns. These injuries can cause significant pain, scarring, and disfigurement, and often require extensive medical treatment, including skin grafts.
- Internal Injuries – these injuries, caused by the force of the collision, can affect any organ in the body. They can lead to internal bleeding, organ damage, or organ failure. Internal injuries can be life-threatening and always require immediate medical attention.
- Lacerations and Abrasions – cuts and scrapes may seem minor compared to other injuries, but severe lacerations can lead to significant blood loss, nerve damage, or infection. They can also leave disfiguring scars.
- Whiplash and Other Neck Injuries – whiplash, a common injury in car accidents, occurs when the head is suddenly jerked back and forth. This can strain or tear the muscles and tendons in the neck, leading to pain, stiffness, and reduced range of motion. In severe cases (such as an 18-wheeler accident) it can also cause nerve or spinal cord damage.
- Psychological Injuries – the trauma of being involved in an 18-wheeler accident typically leads to post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions can have a significant impact on a person’s quality of life and often require long-term treatment.
- Wrongful Death – in the most tragic cases, 18-wheeler accidents can result in fatalities. However, surviving family members have the right to file a wrongful death lawsuit to seek compensation for their loss.
How Personal Injury Laws Apply to an 18-Wheeler Accident
Personal injury law, also known as tort law, allows an injured person to seek compensation, or damage, when someone else’s negligent or intentional act caused the harm. In the context of 18-wheeler accidents, these laws are crucial as they provide a legal framework for your ability to establish fault and seek necessary compensation for injuries and damages.
The cornerstone of most personal injury cases, including 18-wheeler accidents, is negligence. To establish negligence, the injured party (plaintiff) must prove the four elements below:
- Duty of Care: The plaintiff must demonstrate that the defendant (the truck driver or the trucking company) owed them a duty of care. In the context of driving, this duty is generally understood as the responsibility to operate a vehicle safely and obey traffic laws.
- Breach of Duty: The plaintiff must show that the defendant breached this duty of care. This could involve actions such as speeding, distracted driving, driving under the influence, or violations of federal regulations like the Hours of Service rules.
- Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the accident and their injuries. This often requires detailed evidence and expert testimony.
- Damages: Finally, the plaintiff must demonstrate that they suffered damages as a result of the accident. This can include medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.
Complexities in 18-Wheeler Accident Cases
18-wheeler accident cases can be more complex than other vehicle accident cases for several reasons:
Multiple Parties
18-wheeler accident cases often involve multiple potentially liable parties, which can make these cases more complex than other vehicle accident cases. For instance, the truck driver may be held responsible if their negligence, such as speeding or distracted driving, caused the accident. However, the trucking company could also be liable if they failed to properly maintain the truck or if they hired an unqualified driver.
In some cases, the truck’s manufacturer could be held responsible if a defect in the truck contributed to the accident. Similarly, a cargo loader could be liable if improperly loaded or secured cargo led to the accident. Lastly, a maintenance provider could be held responsible if negligent maintenance practices contributed to the accident. Determining all the liable parties requires a thorough investigation and understanding of the trucking industry.
Federal and State Regulations
The trucking industry is heavily regulated by both federal and state laws, adding another layer of complexity to these cases. For example, the Federal Motor Carrier Safety Administration (FMCSA) imposes Hours of Service regulations that limit how long a truck driver can operate without rest. If a driver violates these regulations and causes an accident, both the driver and the trucking company could be held liable.
State laws can also play a significant role. For instance, some states have specific regulations regarding truck maintenance, cargo loading, and driver qualifications. Violations of these regulations can be used as evidence of negligence in a personal injury lawsuit.
Severe Injuries
18-wheeler accidents often result in severe or catastrophic injuries, which can lead to substantial medical expenses and long-term care needs. These injuries can include traumatic brain injuries, spinal cord injuries, severe burns, and multiple fractures. The severity of these injuries can increase the stakes of the lawsuit and make the calculation of damages more complex. It often requires expert testimony to accurately estimate future medical costs, lost earning capacity, and other long-term effects of these injuries.
Given these complexities, it’s essential to have one of our experienced 18-wheeler injury attorneys on your side.
