Truck Accident Lawyer

Injured in a Trucking Accident? Contact Our Truck Accident Lawyers to Uphold Your Rights

Truck drivers often face relentless pressure to meet tight delivery schedules, even with regulations meant to prevent this. While they’re trained to navigate highways and dangerous terrain, truck drivers aren’t immune to mistakes or negligent behavior. When you combine human error with the sheer size and power of a truck, the result can be catastrophic and sometimes deadly. Thankfully, you don’t have to face it alone. Our experienced, compassionate truck accident lawyers will support you every step of the way, advocating both over the phone and in the courtroom for your rights to the compensation you deserve. While you focus on recovery, our lawyers will handle the rest.

Understanding Truck Accidents

The $700 billion-dollar trucking industry plays an integral role in the U.S economy, facilitating the transport of everything from food and medication to online orders across states and cities throughout the country. According to the Bureau of Transportation Statistics, 13 million trucks are currently operating in the United States. Given the sheer number of trucks and commercial vehicles on the road, collisions are unfortunately common – one person is injured or killed every 16 minutes in a truck crash. Each year, there are 4,600 fatal accidents and 182,000 injuries involving bus and truck drivers. Due to the size and weight of commercial trucks – up to 80,000 pounds fully loaded – these collisions often have far-reaching effects, with the majority of fatal truck crashes involving multiple vehicles.

Causes of Trucking Accidents

Truck accidents are tragic events that cause substantial harm, disruption, and loss to the few who survive them. Victims of these accidents often feel the consequences for a lifetime, dealing with devastating physical injuries, emotional trauma, and long-term financial uncertainty.

But what leads to a truck accident? Read below:

1. Driver Fatigue: Operating a truck is demanding work, often involving long, grueling hours on the road. Despite regulations limiting the hours a truck driver can work, fatigue can set in, blurring focus and slowing reaction times. This situation can lead to mistakes that may result in an accident. Efforts to combat fatigue include adhering strictly to Hours of Service regulations, taking regular breaks, and ensuring proper rest before starting a trip.
2. Mechanical Failure: Trucks are complex machines that require regular maintenance to function safely. Failure to properly maintain a truck can lead to mechanical issues such as brake failure, tire blowouts, or engine troubles, all of which can cause accidents. Regular inspections, prompt repairs, and strict adherence to maintenance schedules can help prevent a mechanical failure-related accident.
3. Distracted Driving: Distracted driving is a leading cause of all motor vehicle accidents, including trucking accidents. Distractions can take many forms, from using a cellphone, eating, adjusting the radio, to even daydreaming. When a driver’s attention is diverted from the road, even for a few seconds, the risk of an accident increases significantly. Implementing and enforcing strict policies against distracted driving can mitigate this risk.
4. Improper Loading: A truck’s load must be properly secured and evenly distributed. Improper loading can cause cargo to shift during transit, which can unbalance the truck and lead to a loss of control or even a rollover accident. Ensuring that cargo is correctly and securely loaded is an important step in preventing an accident.
5. Speeding and Aggressive Driving: The pressure to meet tight delivery schedules can sometimes lead truck drivers to speed or engage in aggressive driving behaviors, such as tailgating, making unsafe lane changes, or not yielding the right of way. These behaviors can increase the risk of an accident. Encouraging safe, defensive driving and realistic scheduling can help combat this issue.
6. Inadequate Training: Driving a truck safely requires specialized skills and knowledge. Inadequate training can leave drivers ill-prepared to handle challenging road conditions or unexpected situations. This lack of preparedness can result in a devastating accident.

Common Truck Accident Injuries

Truck accidents, due to their immense force and magnitude, can result in severe, life-altering injuries for any occupants of involved cars. Common injuries from truck accidents range from minor cuts and bruises to severe injuries like broken bones, spinal cord damage, traumatic brain injuries, and even death. The severity of these injuries can be overwhelming and life-altering, demanding immediate and sometimes lifelong medical attention. The victims of these accidents must often contend with not only physical pain and disability, but also the emotional and financial ramifications that follow.

Below are some of the most common truck accident injuries:

1. Traumatic Brain Injuries (TBIs):In the violent chaos of a truck accident, victims often suffer blows to the head. This can result in injuries ranging from mild concussions to severe brain damage. Symptoms may include headaches, confusion, dizziness, and in severe cases, loss of consciousness or permanent cognitive impairment. Medical intervention and rehabilitation for TBI can be long-term and costly.
2. Spinal Cord Injuries: The massive impact of a truck collision can result in injuries to the spinal cord. These can lead to partial or total paralysis, chronic pain, or other neurological and sensory impairments. Victims of spinal cord injuries often face long rehabilitation periods and may require assistive devices like wheelchairs for mobility.
3. Broken Bones: Due to the sheer force involved in truck accidents, victims often suffer from broken or fractured bones. These can range from simple fractures that may heal within weeks, to complex ones that require surgery and prolonged physical therapy. In some cases, victims might have to live with permanent physical limitations.
4. Internal Injuries: The force of a truck accident can cause drivers to sustain internal injuries, which are often not immediately visible but can be life-threatening. These can include damage to organs, internal bleeding, or internal bruising. Internal injuries always require immediate medical attention.
5. Lacerations and Burns: A truck wreck can cause victims to suffer deep cuts or burns, leading to significant blood loss, infection, and disfigurement. Burn injuries may also require specialized treatment such as skin grafts.
6. Psychological Trauma: While not a physical injury, the psychological trauma resulting from an accident with a truck or commercial vehicle can be just as debilitating. Victims may experience post-traumatic stress disorder (PTSD), anxiety, or depression. These mental health issues can significantly impact a victim’s quality of life and may require long-term therapy and treatment.

Each of these injuries can drastically change a victim’s life and requires prompt, comprehensive medical care. If you have suffered one of the truck accident injuries above, contact Wettermark Keith. Our team is available 24/7 at (877) 798-0203.

Complex Regulations: The Role of Accident and Injury Law in Your Case

Regulatory trucking laws can make pursuing a truck accident case incredibly complex. Having a truck accident attorney on your side to understand and interpret trucking laws can make or break your truck accident case. Our lawyers deeply understand the role that state accident laws and trucking regulations play in truck accident cases. This knowledge can help you navigate the legal process far more effectively.

Federal and State Regulations

Trucks are subject to an enormous number of federal and state regulations, enforced by entities such as the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT). These rules cover truck maintenance, driver qualifications, hours of service, and cargo securement, and more. If one of these rules is violated by a driver, the violation can serve as evidence of negligence in a truck accident case.

Establishing Negligence

The cornerstone of any personal injury case, including truck accidents, is establishing negligence. To succeed in a truck accident claim, you must prove that the truck driver or trucking company was negligent and that this negligence directly caused your injuries. This might involve demonstrating that the driver was fatigued, distracted, or that the trucking company failed to maintain their truck properly, leading to an accident.

Comparative and Contributory Negligence Statutes

Understanding how these laws apply in your state can significantly impact the outcome of your case. Many states – including Tennessee, and Florida – follow the principle of “comparative negligence” (otherwise known as “comparative fault”) to different extents. At its core, comparative negligence means that even if you were partially at fault for the accident, you are still eligible to still recover damages. The total amount awarded will be reduced by your percentage of fault. In some states, such as Florida, a “pure comparative negligence” rule applies. This means that the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident, regardless of how much at fault you were.

Only four U.S. states, specifically Alabama, Maryland, North Carolina, and Virginia, follow the harsher doctrine of “contributory negligence.” In Alabama, if a plaintiff is found to be even slightly at fault (1% or more), they are barred from recovering any damages. This doctrine can present a significant challenge in personal injury claim settlements – in light of this, it’s vital that you have a competent attorney on your side to craft your defense and heighten your likelihood of a favorable outcome.

Damage Caps and Statutes of Limitations

Most states also have caps on certain types of damages in personal injury cases, such as pain and suffering or punitive damages. Furthermore, statutes of limitations dictate the timeframe within which you must file a claim following an accident. Failing to file within this period could bar you from recovering any damages for a truck accident injury. The statute of limitations for truck accidents vary by state. In Alabama and Florida, the statute of limitations is two years, while in Tennessee the statute of limitations is one year.

Insurance Law

Insurance law plays a significant role in truck accident cases. Large trucking companies typically have substantial insurance policies, and dealing with these companies can be a complex and frustrating process. Our experienced truck accident attorneys can advocate on your behalf, dealing with the insurance companies and fighting to get you the compensation you deserve.