The Aftermath: What to Expect After a Truck Accident
In the aftermath of a truck accident, victims are often uncertain about the future and what steps to take. In many cases, truck accident injuries cause victims to lose wages and spend money on medical treatment. Victims are typically under a lot of stress, both from these financial pressures and from spending time and energy on treatment and recovery. Contacting an attorney can help victims understand what to expect after a truck accident, and start down the road to recovering compensation. Contacting a Truck Accident Attorney An experienced truck accident attorney is knowledgeable about the different laws surrounding truck accidents, and will be able to provide victims with case-specific advice. Most truck accident lawsuits are filed against the company that hired the truck driver. In many cases, these companies are large corporations with extensive resources to defend their case. An attorney is helpful in handling claims against large corporations by helping provide clients with the resources needed to file against corporations. There may also be statute of limitations laws that come into play, limiting the amount of time that a victim has to file a lawsuit against the trucking company. An attorney can help to gather the evidence and file a claim within the necessary time frame for the particular jurisdiction in which the accident occurred. Truck Accident Lawsuits Due to the weight and size of tractor trailers, truck accidents often cause severe injuries. After treating injuries, claims will usually be filed against the victim’s health insurance and PIP insurance, if applicable. However, these types of insurance usually do not completely cover the cost of treatment needed for injuries such as head trauma, paralysis, and spinal cord damage. To recover additional compensation for treatment, a truck accident attorney may have to negotiate with insurance companies or file a lawsuit against the trucking company. Negligence Lawsuits Most truck accident lawsuits are based on proving the truck driver or company’s negligence. Negligent actions that may cause a truck accident include failing to obey traffic laws, failing to stop at weigh stations, overloading the vehicle, and driving for longer than is legally allowed without taking a break. Product Liability Lawsuits If a truck accident was caused by a flaw or malfunction of the truck or a truck part, a product liability lawsuit may be filed against the manufacturer of the truck or part. These types of lawsuits may be more difficult to prove, and often require the testimony of an expert. An attorney will be invaluable in acquiring the evidence necessary to file this type of claim, as the burden of proving that the truck or part was unreasonably dangerous even when the truck was being operated and maintained as intended will fall on the plaintiff. Sources: http://www.dmv.org/fl-florida/accident-guide/...
read moreTruck Accidents vs. Car Accidents
Truck accidents are similar to car accidents in that the two types of accidents may cause injuries and damage. Truck accident lawsuits and car accident lawsuits both attempt to recover compensation for victims that have been injured or killed through personal injury or wrongful death lawsuits. However, truck accidents differ from car accidents in many important ways. When pursuing a lawsuit following a trucking accident, victims may benefit greatly from hiring a lawyer than has experience with truck accident lawsuits. Differences in Accident Severity Trucks generally weigh about 25 times as much cars. This disparity in weight makes the likelihood of severe injuries or fatalities much higher in a truck accident than in a car accident. Truck accidents may also damage several vehicles or cause multiple collisions. In addition to the dangers posed by the size and weight of the truck, the severity of truck accidents can be worsened by freight spills. Differences in Accident Details According to the National Highway Traffic Safety Administration, approximately 50 times the number of people were injured or killed in car accidents than truck accidents in 2011. Approximately 24 percent of car accident fatalities involved alcohol as a factor, compared with one percent of truck accident fatalities. Differences in Risk Factors The size and proportions of large trucks alter the risk factors inherent in driving a truck versus a car. Risk factors for truck drivers include large blind spots, dangers associated with taking sharp turns, and dangers associated with freight balancing on hills. A trucking company may also be held liable for a driver’s inability to properly anticipate and respond to these risk factors, which would not be a consideration in a car accident. Truck drivers must also be aware of the risk factors and regulations associated with driving for many hours in succession, which is also not a consideration in car accident lawsuits. Differences in Lawsuits While both truck accident victims and car accident victims must prove negligence when pursuing legal action, the type of negligence may be very different. Car accident victims must prove the negligence of the car driver or a faulty vehicle manufacturer through the use of documentation such as an accident report. Truck accident victims may need to prove the negligence of the trucking company, the driver, the vehicle manufacturer, or even the manufacturer of the cargo. Acquiring the evidence necessary to successfully prosecute a trucking company can become much more complicated than prosecuting a car driver. Sources: “Highway Safety Information System: An Examination of Fault, Unsafe Driving Acts, and Total Harm in Car-Truck Collisions.” U.S. Department of Transportation Federal Highway Administration. U.S. Department of Transportation, 12 Apr. 2012. Web. 13 Sept. 2014. <http://www.fhwa.dot.gov/publications/research/safety/humanfac/04085/> “Quick Facts 2011.” National Highway Traffic Safety Administration. National Highway Traffic Safety Administration, 1 Apr. 2013. Web. 13 Sept. 2014. <http://www-nrd.nhtsa.dot.gov/Pubs/811760QF.PDF> “Relative Contribution/Fault in Car-Truck Crashes.” American Trucking Association. American Trucking Association, 1 Feb. 2013. Web. 13 Sept. 2014. <http://www.truckline.com/ATA Docs/News and Information/Reports Trends and Statistics/02 12 13 — FINAL 2013 Car-Truck Fault...
read moreWhat To Do after a Truck Accident
Truck accidents kill and injure many Americans each year due to the large size and weight of the vehicle. Tractor trailers trucks are also more susceptible to certain risk factors due to the weight distribution when carrying cargo. In 2012, roughly 3,921 people were killed in large truck accidents, and another 104,000 people were injured. About 73 percent of fatalities and injuries were occupants of other vehicles at the time of the truck accident. Since so many truck accidents affect other drivers, it is important that passengers and drivers understand what actions should be taken immediately following a truck accident. Truck Accident Scene At the truck accident scene, it is vital that certain steps be taken. Immediately after the accident, emergency services should be contacted. This will help to establish the degree and severity of the accident, and will help to control dangerous situations. Victims should receive needed medical attention before other actions are taken. Waiting for Emergency Services While waiting for emergency personnel, those that are uninjured may help by blocking victims from further dangers, such as oncoming traffic. It may also be necessary to move vehicles that present hazards. Victims should not be moved accept by medical personnel, as injuries may be worsened. Flares or hazard lights may help to warn other drivers of the accident. Gathering Information When dangers are under control and victims have been tended to, it is important to obtain as much evidence as possible pertaining to the details of the crash. Writing down recollections and witness accounts can help to preserve the information before it is forgotten. Taking pictures of damage and injuries as soon as possible can help to prove many aspects of a case. In some cases, video recording may provide new insights into a crash. Victims should also obtain a copy of the police report and any relevant medical records for future reference. Contacting a Truck Accident Attorney After a truck accident, victims are often in shock. Contacting a lawyer as soon as possible may help truck accident victims follow procedures that will help later when trying to recover compensation. An experienced truck accident attorney can provide advice about how to compile evidence and what not to say to insurance companies or law enforcement. An attorney may even be able to come to the crash scene in order to assist with gathering evidence, taking photographs, and speaking with emergency personnel and insurance agents. Sources: http://www.dmvflorida.org/car-accident.shtml http://www-nrd.nhtsa.dot.gov/Pubs/811868.pdf...
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If you are looking for an experienced attorney who is passionate about helping truck accident victims and their families rebuild their life, please call me:
Robert H. Dellecker
Civil Trial Lawyer
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