If you drive on the highway often, you know that being near a semi-truck is dangerous. Commercial trucks are long, tall, and heavy. They’re harder to maneuver safely than smaller vehicles. You can be seriously injured or killed if a commercial truck hits your passenger vehicle.
You can receive compensation if a truck driver or trucking company caused the accident. You’ll want to obtain the most money in your semi-truck accident settlement. Continue reading to learn more, and talk to a local semi-truck accident attorney if you have questions. A Wesley Chapel truck accident attorney is only paid if they obtain compensation for you in a personal injury claim.
How Common Are Semi-Truck Accidents?
Tractor-trailer crashes are common in the US, and many cause severe injuries and death. In 2023, 170,000 commercial truck accidents caused 5,078 fatalities and 86,800 injuries. The Federal Motor Carrier Safety Administration (FMCSA) states that single semi-truck tractors pulling one semi-trailer were 55 percent of all commercial truck fatal accidents in 2018.
The National Safety Council reports that commercial trucks comprised 6 percent of all vehicles involved in crashes last year and 10 percent of total vehicle miles traveled. Most deaths in commercial truck accidents are from passenger vehicle occupants. Trucks weigh up to 30 times more than passenger vehicles, are taller and longer, and can cause smaller vehicles to be crushed in serious accidents.
How Do Semi-Truck Accidents Happen?
There are many common causes of semi-truck accidents:
Truck Driver Error
Of all causes of commercial truck accidents, most are caused by truck driver error. A study by the FMCSA found that the following four factors were involved in more than 50 percent of the 141,000 truck crashes studied:
- Nonperformance: This means the driver fell asleep, had a medical emergency, or was physically impaired for other causes, leading to the accident.
- Recognition: The driver wasn’t paying attention or was distracted by something, such as a GPS or cell phone.
- Decision: The trucker was driving too fast, misjudged the speed of a car or followed too closely.
- Performance: The driver overcompensated, exercised poor directional control, or panicked.
Truck Driver Training
Trucking companies must train their drivers properly. However, there is a trucker shortage, and the carrier may shorten training to get more, lower-cost new drivers on the road. A lack of training and road experience leads to far too many serious truck accidents.
A truck accident attorney will review the driver’s training records. They’ll find out if the driver was improperly trained and, if so, hold the employer accountable.
Equipment Failure
Truck drivers can be safe drivers, but they are only as good as their vehicles. A mechanical failure due to poor maintenance or another cause can cause a terrible accident. A recent study found that in 50 percent of truck crashes with an injury, a mechanical failure was a partial cause. Common equipment failures in commercial truck accidents include:
- Improperly maintained brakes
- Bald tires
- Unbalanced cargo
- Defective or missing safety gear
- Defective lights, including turn signals
- Transmission failure
- Poor maintenance generally
- Part manufacturing defects
Carrier Priorities
A trucking company may have an unrealistic delivery schedule, leading to improper loading, driver stress, and fatigue. A truck accident attorney will review all records related to the truck and route to determine if an overly aggressive schedule contributed to the crash.
Substance Abuse
There are many truck accidents caused by truckers abusing drugs or alcohol. Drugs that are abused can be illegal, such as amphetamines, methamphetamine, or cocaine. Or, the drug can be by prescription, such as pain pills.
Your semi-truck accident lawyer will review all evidence of the truck crash and its operation. They will pinpoint what caused the accident and demand a fair settlement from the insurance company.
What Damages Are Available In Semi-Truck Accidents?
Tractor-trailer accidents often lead to significant injuries, so many truck accident victims have higher settlement awards than those in auto accidents. For instance, because of the huge size of a semi-truck, they are more likely to destroy a smaller vehicle in a crash. Even a minor accident with a large truck can cause devastating injuries and property damage. The more damage to your car, the more serious your injuries probably are and the higher the case value.
The major types of damages available in a truck accident claim are:
Medical Expenses
Severe truck accident injuries can take years to heal. A truck accident can cause debilitating injuries, such as brain injuries, spinal cord damage, amputations, and burns. You can need medical care for years after an accident.
A truck accident attorney will review your medical records with your doctors to understand your current and future medical needs. Your case can be worth more if you need extensive hospitalization and surgeries during your recovery.
Lost Income
Truck injuries may cause more severe loss of income. You may be unable to work for months, years, or forever. When you cannot go back to work because of a permanent injury, you have lost the ability to earn a living. Therefore, you should receive compensation for lost earning capacity.
A semi-truck accident attorney will review your lost income earning capacity with economists and occupational experts. They will calculate what your future lost work time is worth to ensure you have enough income until you recover or for the rest of your life if the injury is permanent.
Loss Of Enjoyment Of Life
A severe injury, such as the loss of a limb or paralysis, may prevent you from doing things you once enjoyed, such as playing with your children or engaging in your favorite hobbies. You should be compensated for aspects of your life you can no longer participate in because of a truck crash.
Pain And Suffering
Truck crashes often lead to painful injuries, such as shattered bones, bones, amputations, severe cuts and lacerations, and internal injuries. Dealing with such catastrophic injuries is physically and mentally taxing, and you should receive compensation for your mental and physical pain and suffering.
Property Damage
Unfortunately, many serious truck accidents cause severe property damage. You should receive compensation to repair or replace your vehicle damaged in the accident.
How Much Can You Get In A Semi-Truck Accident Settlement?
Many truck accidents are devastating, with severe injuries. Understandably, you want to maximize your settlement. However, it’s impossible to say how much your semi-truck accident settlement will be. Some cases are worth tens of thousands, and others are worth millions. A truck crash attorney can review your case today and provide an approximate case value.
Some variables that influence the value of a truck accident claim are:
Liability
Is it clear that the truck driver caused the accident? For example, suppose the trucker didn’t yield at a red light and T-boned your SUV. Witnesses and surveillance video make it clear that the trucker didn’t stop.
The insurance company may increase its settlement offer when liability is clear. This will encourage you to take a settlement instead of going to trial, where the insurance company could be required to pay more.
Injury Severity
The severity of injuries is usually a critical part of any truck accident settlement. The more severe the injury, such as head trauma and brain injuries, the higher the payout. The extent of injuries is determined by how long it takes to recover from the injury, how many procedures are needed, and to what extent you are disabled.
Medical Expenses
Your money on medical care is also a significant settlement factor. You should be compensated for ambulatory services, hospital care, surgeries, rehabilitation, prescription drugs, medical equipment, in-home care, doctor’s appointments, mental health care, and occupational therapy.
You should also receive adequate compensation for future medical expenses if you have a severe or debilitating injury. A truck accident attorney will review your case with your doctors to understand the medical care needed in the future. This ensures you have enough money to pay for your future medical needs.
Publicity
Some trucking companies may wish to avoid publicity, which can put their company in a bad light. They may provide a higher settlement amount to resolve the matter outside the courtroom.
Lost Income
You should always receive compensation for lost income from the accident. You also may receive lost earning capacity compensation for a long-term injury. For example, if you broke your back in a truck crash, you cannot work anymore. You should receive payment for every lost work year based on your last hourly earnings or salary.
Insurance
Another factor in a truck accident settlement is the defendant’s financial state. You may not get more if you go to court and get a $1 million judgment, but the trucking company has only $500,000 of coverage.
Settlement Or Lawsuit
Many truck accident claims are settled out of court. This resolution may provide less than the case value possible in a successful lawsuit. However, a settlement usually gets money in the injured person’s pocket faster. If a lawsuit and trial are needed, the case will take longer and be more expensive.
A lawsuit may be needed if the insurance company refuses to provide a fair settlement. Your semi-truck accident attorney will discuss any settlement offers with you and whether taking the best offer or filing a lawsuit and going to court is preferable.
What To Expect From The Insurance Company After A Semi-Truck Accident
Trucking insurance companies engage in many questionable practices to minimize your case. Without a truck accident attorney representing you, there is a risk of falling for one or more of these tactics:
- Apology: The trucking insurance adjuster may send you a letter or call and say they are ‘sorry you suffered an injury,’ but this is without admitting fault. Then, they may offer a low settlement to close the case. Don’t fall for it; call an attorney.
- Blame you: The insurance industry is notorious for blaming the accident victim if they can. Your truck accident attorney won’t allow them to blame you unfairly.
- Claim delays: Truck insurance providers know injury victims need money and usually can’t work. They may drag their feet to encourage you to agree to any settlement, no matter how low.
- Deny claim: The insurance company may deny your claim over policy exclusions or paperwork discrepancies to frustrate you and encourage you to give up.
- Minimize your injuries: The adjuster might argue that you have a preexisting condition and the accident didn’t cause it.
A truck accident attorney will defend your legal rights and ensure you are not exploited. Your attorney will ensure you get the most for your injuries and:
Investigate The Truck Accident
Your attorney needs to prove that another party’s negligence caused your injuries. Liable parties usually include the trucker, trucking company, or a third party, such as the company that loaded the trailer.
Your truck accident lawyer will gather evidence; review truck company records, obtain witness statements, and build the strongest case.
Handle Insurance Companies
A severe truck crash victim doesn’t need the stress of insurance adjusters trying to minimize their claim. Your semi-truck accident attorney will handle everything and let you focus on getting better.
Determine Crash Liability
You must prove that another party caused the truck accident, your injuries, and resulting damages. Your attorney knows how to prove liability in truck accidents and will find all possible evidence to prove fault.
Calculate Your Losses
Your attorney will assess your losses, including current and future medical expenses, lost earnings, earning capacity, and pain and suffering. Most accident victims who handle their own claims may vastly underestimate their losses. Always retain a truck accident lawyer to estimate your losses accurately and demand a fair settlement.
Talk To A Semi-Truck Accident Attorney Today
You suffered an injury in a semi-truck accident but don’t know what to do. You can’t pay your bills, and the doctor’s office demands payment. The best choice is to retain a truck accident attorney to represent you. They will investigate the accident to determine if another party’s negligence caused it. Talk to a personal injury lawyer today for more information.
