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Truck Accident Lawsuit: What You Should Know

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Last Modified: October 2, 2024

Truck Accident Lawsuit: What You Should Know

If you or a loved one has been hurt in a truck crash, knowing your legal rights and options is essential. Truck accidents can lead to serious injuries or even death, making legal action necessary for compensation.

Working through a truck accident lawsuit can be stressful without the right information. We will help you know the essentials of truck accident claims and what steps to take next.

Unlike car accidents, truck accidents often involve larger scale and more severe consequences, which require specialized legal experience. A truck accident lawyer is essential in dealing with the complexities of such cases, which often involve multiple parties and severe legal scrutiny.

At Good Guys Injury Law, we can help you pursue a tractor-trailer or truck accident settlement on your behalf.

Learn more about severe injuries and truck accident settlements below. Then, contact us to discuss your truck accident case.

Definition and Overview of Truck Accident Claims

A truck accident claim is a legal pursuit by someone injured in an accident involving a truck. These claims aim to recover compensation for the injuries and losses sustained. Because trucks are often commercial vehicles, these cases can involve complex laws and regulations that govern commercial trucking. Expertise in this area of law is needed for a successful claim.

The primary goal of a truck accident lawsuit is to establish liability and secure compensation for damages incurred. This process involves gathering evidence, proving negligence, and negotiating with insurance companies.

Be aware that these lawsuits can be lengthy and require a thorough knowledge of state and federal trucking regulations. Victims can effectively pursue justice and compensation with the right approach and legal support.

Difference Between Truck Accidents and Car Accidents

Difference between truck accident and car accidents

  • Size and weight. Trucks are significantly larger and heavier than cars, leading to more severe crash impacts and greater damage.
  • Stopping distance. Due to their size, trucks have a longer stopping distance. This can be crucial in cases where sudden stopping is needed, increasing the likelihood of accidents.
  • Maneuverability. Trucks are less maneuverable than cars. This makes sudden lane changes and evasive actions difficult, contributing to accidents.
  • License requirements. Truck drivers require specific licenses and training, which are more rigorous than those for car drivers. A tractor-trailer driver should have a special license.
  • Regulations. Truck drivers and trucking companies must adhere to strict federal and state regulations that do not apply to most car drivers.
  • Accident investigation. Investigations into truck accidents are typically more complex, often involving state and federal agencies.
  • Insurance policies. Insurance coverage for trucks is usually more substantial than for cars, affecting compensation in accident claims.

Types of Damages in a Truck Accident Lawsuit

  • Medical expenses. Compensation can cover past, current, and future medical treatment related to injuries from the truck accident.
  • Lost wages. Victims can claim compensation for wages lost while recovering and any future earnings lost due to permanent injuries.
  • Pain and suffering. This covers compensation for physical pain, and emotional distress suffered as a result of the accident.
  • Property damage. Compensation can be claimed for repairing or replacing property damaged in the collision, such as your vehicle.
  • Loss of consortium. Spouses of truck accident victims can claim damages for the loss of companionship and support.
  • Punitive damages. Punitive damages may be awarded to punish the offending party in cases of egregious negligence.
  • Wrongful death. If a truck crash results in death, the victim’s family may pursue compensation for funeral costs and loss of financial support.

Common Causes of Truck Accidents

Common Causes of Truck Accidents

Truck crashes can occur for numerous reasons, often involving negligence by truck drivers or trucking companies. Driver fatigue is a common cause, as truckers may drive for long hours without adequate breaks.

Mechanical failures due to improper maintenance can also lead to accidents. Additionally, overloaded or improperly loaded cargo can cause trucks to overturn or lose control. Awareness of these common causes helps identify negligence and liability in truck accident cases.

Driver Fatigue and Hours of Service Violations

Truck drivers often drive long hours on the road, leading to exhaustion and reduced reaction times. The law requires strict adherence to hours of service regulations to ensure drivers have sufficient rest.

However, violations of these rules are common and can be a major factor in truck crashes. Proving such violations can strengthen your case in a truck accident lawsuit.

Overloaded or Improperly Loaded Cargo

Poorly loaded or overloaded trucks are prone to accidents. These conditions can lead to tire blowouts, rollovers, and loss of control.

Federal regulations specify limits and methods for loading truck cargo to ensure safety, and violations of these regulations are critical evidence in truck accident claims.

Mechanical Failures and Poor Maintenance

Trucks require regular maintenance to operate safely. Failure to maintain brakes, tires, and other critical components can lead to catastrophic accidents. Trucking companies are required to maintain their fleets, and failure to do so can constitute negligence.

Distracted or Impaired Driving

Distracted driving is a frequent cause of accidents today. Using a mobile phone or other distractions can have deadly consequences for truck drivers.

Impairment due to alcohol or drugs is another serious issue that boosts the risk of collisions significantly. Both factors are important considerations in a truck accident lawsuit.

Steps in Filing a Truck Accident Lawsuit

  1. Seek medical attention. Immediately getting medical help ensures your health and provides medical records for your lawsuit.
  2. Hire a truck accident lawyer. A skilled attorney can walk you through the complex legal landscape of truck accident claims.
  3. Investigation. Your lawyer will collect evidence, including crash reports, driver logs, and witness statements.
  4. Filing a lawsuit. Once sufficient evidence is collected, your lawyer will file a lawsuit against the responsible parties.
  5. Discovery. Both sides will exchange information and evidence. This phase includes depositions and requests for documents.
  6. Negotiation. Before trial, there is usually an opportunity to negotiate a settlement with the defendant’s insurance company.
  7. Trial. The case will go to trial if a settlement is obtained, and a jury will decide the outcome.

Who Can Be Held Liable in a Truck Accident Lawsuit?

Who Can Be Held Liable in a Truck Accident Lawsuit?

In truck accident cases, multiple parties might be liable for the damages. Truck drivers’ actions, such as negligence or violation of traffic laws, often contribute to accidents.

However, liability can also extend to the trucking company for failing to enforce regulations or proper training.

Additionally, if improperly loaded cargo contributed to the accident, the cargo loaders or manufacturers could be liable.

Lastly, third parties like maintenance providers or other drivers might also share in the liability if their actions contributed to the accident.

The Truck Driver

Truck drivers are directly involved in operating the vehicles and can be liable if their negligence leads to an accident. This includes speeding, distracted driving, or failing to comply with road safety regulations. Proving the truck driver’s fault is often the first step in a truck accident claim.

The Trucking Company

Trucking companies can be held responsible for their drivers’ actions under the legal principle of “respondeat superior,” which holds employers and companies responsible for their employees’ behavior while on the job. They may also be liable for failing to maintain vehicles properly or not following hiring standards.

Cargo Loaders or Manufacturers

If cargo-related issues caused an accident, the parties involved in loading or manufacturing the cargo might be liable. This includes overloading the truck or failing to secure the load properly.

Third Parties

Other parties not directly involved in the trucking operation can sometimes be liable. This includes vehicle manufacturers if mechanical failures due to defects caused the truck or car accident or road maintenance agencies if bad road conditions led to the accident.

How Much Is My Claim Worth?

The severity of your injuries can affect the value of your claim. Serious injuries result in higher medical costs and long-term care expenses. If your injuries affect your ability to work or perform daily activities, this can increase the value of your claim.

The more evident the other party’s fault, the stronger your claim. This affects the likelihood of receiving higher compensation. Additionally, the type of insurance coverage available can also limit the compensation you might receive.

Having an experienced truck accident lawyer can highly influence the compensation you receive. Lawyers skilled in negotiation and familiar with truck accident laws can more effectively argue your case.

The Benefits of Partnering With Our Utah Truck Accident Lawyer

  • Expert guidance. Our truck accident lawyers know how to work through truck accident lawsuits’ legal and regulatory landscape.
  • Maximizing your compensation. We are committed to getting you the maximum compensation possible, considering all potential damages, from medical costs to pain and suffering.
  • Handling insurance companies. We have unparalleled experience negotiating with insurance companies. We can protect your interests, ensuring that insurance tactics do not limit your compensation. We will negotiate with the insurance company on your behalf.
  • Investigative resources. Our firm has access to professional investigators and accident reconstruction experts who can help build a strong case on your behalf.
  • No upfront costs. We work on a contingency basis, meaning you pay nothing unless we win your case. This allows you to pursue justice without financial burden.

Contact Our Utah Truck Accident Lawyer for a Free Consultation

Contact our Utah truck accident lawyer for a free consultation

If you’ve been in a truck accident, don’t wait to get the help you need. Contacting a professional truck accident lawyer immediately can make a significant difference in your case. At Good Guys Injury Law, we are ready to fight for you.

Contact us today to schedule a free case consultation.