Flatbed trucks are very large and heavy vehicles. Consequently, when a truck driver or trucking company causes a collision, the results can be devastating and sometimes deadly. Flatbed truck accidents usually happen when truck drivers make mistakes or trucking companies violate state or federal motor carrier regulations.
If you suffered injuries in a flatbed truck collision, it’s important to have an experienced truck accident attorney on your side as soon as possible. Your personal injury lawyer can investigate the circumstances surrounding your trucking accident and set you on course to recover the compensation you deserve. Specifically, they can file a timely claim or lawsuit on your behalf and work to maximize the compensation you receive for your injuries.
Common Causes of Flatbed Truck Accidents
Flatbed truck crashes often occur due to negligence on the part of either the truck driver or the trucking company. The causes of truck accidents involving flatbed vehicles are varied but commonly include improper cargo loading, driver fatigue, inadequate training, speeding, maintenance neglect, and driver distractions.
One significant factor is improper cargo loading. Flatbed trucks, unlike enclosed trailers, require careful securing of loads to prevent shifting during transport. If a driver or the trucking company fails to properly secure the cargo, it can shift or fall off, leading to severe accidents, which can be especially dangerous on highways, where loose cargo can strike other vehicles.
Another common cause is driver fatigue. Truck drivers often work long hours and may ignore regulations regarding rest breaks. A fatigued driver is less attentive and slower to react to hazards, increasing the likelihood of a collision. This negligence can lead to serious accidents, not only involving the flatbed truck but also affecting other motorists.
Inadequate driver training is also a significant issue. Flatbed trucking requires specific skills, such as understanding weight distribution and securing loads effectively. If a trucking company fails to provide proper training, drivers may not be equipped to handle their vehicles safely, leading to an increased risk of accidents.
Speeding is another prevalent cause of flatbed truck accidents. Drivers under pressure to meet deadlines may exceed speed limits or drive too fast for road conditions. This reckless behavior reduces their ability to stop or maneuver safely, particularly when carrying heavy loads.
In addition, maintenance neglect is a critical concern. Trucking companies are responsible for ensuring that their vehicles are in safe operating condition. Failure to conduct regular inspections and maintenance can lead to brake failures, tire blowouts, and other mechanical issues that can cause crashes.
Finally, distractions can significantly impair a driver’s ability to operate a flatbed truck safely. Activities such as using a cell phone, eating, or adjusting the radio can divert attention from the road, increasing the risk of collisions.
Legal Elements of Proof in a Third-party Flatbed Truck Accident Case
When a flatbed truck collision occurs, victims who want to pursue a third-party claim or lawsuit must prove certain elements to establish negligence and recover compensation. Understanding these legal elements of proof is essential in building a strong case.
- The first element is a duty of care. In a flatbed truck accident case, the truck driver and trucking company owe a duty of care to others on the road. This duty means that they must operate the truck safely, follow traffic laws, and take reasonable steps to prevent harm. For example, the driver must secure the load properly, obey speed limits, and avoid distractions. The trucking company also has a duty to hire qualified drivers, provide proper training, and maintain the trucks.
- The second element is a breach of duty. To prove negligence, the victim must show that the driver or trucking company breached their duty of care. A breach occurs when the driver or company fails to act reasonably under the circumstances. For example, if the driver was speeding, texting while driving, or did not secure the cargo properly, that would be a breach of duty. Similarly, if the trucking company failed to inspect the truck or enforce safety regulations, that would also constitute a breach.
- The third element is causation. The victim must prove that the breach of duty directly caused the accident and resulting injuries. It is not enough to show that the driver or trucking company acted negligently; their actions must have directly led to the crash. For example, if the flatbed truck’s unsecured cargo fell off and caused a collision, the victim must show that the failure to secure the load was the cause of the accident.
- The fourth element is damages. In a flatbed truck accident case, the victim must show that they suffered actual harm, such as physical injuries, property damage, or financial losses. Damages can include medical bills, lost income, pain and suffering, and vehicle repair costs. Without proving damages, the victim cannot recover compensation.
Frequent Injuries in Flatbed Trucking Accidents
Flatbed truck accidents can result in severe injuries due to the size, weight, and nature of these trucks. When a flatbed truck is involved in a collision, the impact can be devastating, especially for those in smaller vehicles. The following are some of the most common injuries that individuals may suffer in a flatbed truck accident.
- Head and brain injuries are among the most serious injuries resulting from flatbed truck accidents. The force of impact can cause traumatic brain injuries (TBIs), including concussions, skull fractures, or brain bleeding. TBIs can lead to long-term complications such as memory loss, difficulty concentrating, and even permanent disability.
- Spinal cord injuries are also common in flatbed truck accidents. The impact from the collision can damage the spinal cord, leading to partial or complete paralysis. Spinal cord injuries often require extensive medical treatment, including surgeries and rehabilitation, and may result in lifelong disabilities.
- Broken bones are also frequent in these types of accidents. The force of a collision with a flatbed truck can easily cause fractures in the arms, legs, ribs, or pelvis. Depending on the severity of the fracture, victims may require surgeries, casts, or months of rehabilitation to fully recover.
- Whiplash and other neck injuries are also common. The sudden impact of a flatbed truck accident can cause the neck to jerk forward and backward, leading to soft tissue damage in the neck and upper back. Whiplash can lead to chronic pain and restricted movement if not properly treated.
- Internal injuries can occur as well. The force from a flatbed truck crash can cause damage to internal organs, such as the liver, spleen, or lungs. These injuries may not be immediately apparent but can become life-threatening if not treated right away.
- Cuts and lacerations from broken glass or debris also occur in these accidents. In severe cases, these wounds can cause significant blood loss or infection.
Deciding Between a Third-party Settlement or Litigation in a Flatbed Truck Crash Case
Deciding whether to settle or pursue litigation in a third-party flatbed truck accident case is an important choice that can affect the outcome of your claim. Both options have their advantages and disadvantages, and understanding these differences – with the help of a skilled truck accident attorney – can allow you to make an informed decision.
Settlements are agreements between the parties involved in the accident to resolve the case without going to trial. One of the main advantages of settling is that it is typically faster than litigation. When you settle, you can avoid the lengthy court process, which can take months or even years. Settling also gives you more control over the outcome because both parties negotiate the terms of the agreement. This negotiation allows you to reach a resolution that works for you without relying on a judge or jury.
Furthermore, settlements provide certainty. You know exactly how much compensation you will receive, and you avoid the risk of losing at trial. Litigation can be unpredictable, and there is always a chance that the court may rule in favor of the other party. A settlement can also save money on legal fees, as trials can be expensive, especially if they drag on for an extended period.
However, one of the drawbacks of settling is that you may receive less compensation than you can potentially get in court. Insurance companies often offer lower settlement amounts to save money, so you may have to weigh whether the offer is fair based on your injuries and damages.
Litigation, on the other hand, involves taking the case to court. This option may be necessary if the other party or their insurance company is not offering a fair settlement. In litigation, a judge or jury will decide the outcome, which can result in a higher compensation amount if you win. Litigation also allows for a more thorough investigation, which may reveal more evidence supporting your claim.
However, litigation is time-consuming, stressful, and costly. It can take a long time to reach a conclusion, and you run the risk of not winning the case.
An experienced truck accident attorney can help you decide on the best option, given your injuries and case circumstances.
How Much Is a Third-Party Flatbed Truck Accident Case Worth?
The value of a third-party flatbed truck accident case can vary greatly depending on several factors, including the severity of the injuries, the extent of the damages, and the degree of negligence involved. Determining how much a case is worth involves looking at both the immediate and long-term effects of the accident on the victim’s life.
The recoverable compensation in a flatbed truck accident case falls into two primary categories: economic damages and non-economic damages.
Economic damages refer to the financial losses directly due to the accident. These damages include medical expenses, such as hospital bills, surgeries, physical therapy, and any ongoing treatment needed for recovery. If the injuries require long-term care or future medical expenses, those costs can also be included.
Another compensable loss is lost earnings. If the victim is unable to work due to their injuries, they can recover compensation for the income they would have earned during that time. If the injuries cause long-term or permanent disability that affects their ability to work in the future, they may also receive compensation for lost earning capacity.
In addition, property damage is a form of economic compensation. If the victim’s vehicle or other personal property was damaged in the accident, they can recover the costs of repairs or replacement.
Non-economic damages refer to intangible losses that do not have a specific monetary value but still significantly affect the victim’s life. The most common non-economic damage is pain and suffering, which compensates the victim for the physical pain and emotional distress the accident caused. In cases where the injuries lead to a diminished quality of life, the victim can also recover compensation for loss of enjoyment of life. This loss can include the inability to participate in activities they once enjoyed or perform everyday tasks without assistance.
In some cases, victims may also be entitled to punitive damages. These damages are awarded in cases where the truck driver or company’s behavior was especially reckless or egregious. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future.
Overall, the worth of a third-party flatbed truck accident case depends on the specific losses and damages the victim suffers, both economic and non-economic.
Talk with an Experienced Truck Accident Lawyer in Your Area Today
If you recently sustained injuries in a flatbed trucking accident that resulted from a truck driver or trucking company’s negligent behavior, you are not alone. A knowledgeable truck accident attorney can provide valuable help with your case in several ways. First, they can investigate your accident circumstances, gather the appropriate evidence, and determine exactly how the accident occurred. They can also deal with the involved insurance companies on your behalf, ensuring that you are not pressured into accepting a low settlement.
Your personal injury lawyer will also know the laws related to trucking accidents and can use that knowledge to protect your rights. Finally, your attorney can calculate the full value of your claim, considering medical expenses, lost income, pain and suffering, and other damages. If necessary, they can file a lawsuit and represent you in court, working to obtain the best possible outcome on your behalf.
