What Are The Leading Causes of Truck Accidents?

Driver Error

Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted.

Poorly Maintained Trucks

Trucks are often driven thousands of miles per week and if they are not properly cared for, they can become dangerous quickly. While worn brake pads or a cracked windshield must be dealt with if they occur on smaller vehicles, they can be the cause of a major traffic accident on a truck.

Equipment Failure

Defective parts on a truck may not be the fault of the driver, but they can turn deadly. Your attorney will be able to tell if a trucking company or manufacturer may be liable for your accident in addition to the truck driver.

Improperly Loaded Cargo

Loading the beds of commercial trucks must be done carefully and in accordance with the law. If they are loaded improperly, the contents on the truck may spill out onto the road and cause accidents and injuries.

Distracted driving

It is becoming more common today for drivers to be distracted by smart phones while driving. The urge to check social media and to text while driving often is a deadly one. Other common reasons for distracted driving are adjusting the radio, talking to passengers, eating and drinking.

Fatigued driving

Many fatal head on collisions happen at night when drivers are driving beyond their physical limits. Tired drivers can be just as dangerous as drunk drivers.

Driving too fast for conditions:

When weather and/or visibility deteriorates, the driver must slow down to maintain control of the vehicle.

DWI

Driving under the influence of drugs or alcohol is the most common factor for head on crashes.

Ignoring stop signs and red lights

All drivers are responsible for following all traffic laws; when they don’t, terrible head on crashes can occur.

All of situations involve negligence on the part of the driver, and it is possible to file an accident claim or personal injury lawsuit to recover damages. A personal injury lawyer will be able to determine which best suites your truck accident.

A semi truck hitting a passenger vehicle can cause devastating personal injuries. When fault lies with the truck driver, a sizable personal injury settlement is possible. A truck accident lawyer will be able to give you an idea of the value after looking at their insurance policy.

What is the Average Settlement for an 18-Wheeler Accident?

Generally, truck accident settlements often reflect larger dollar amounts because of the insurance requirements for commercial carriers, and the frequent multiple commercial entities involved in the liability claim.

Also, all US tractor trailer drivers are professionals who must have extensive training to hold a commercial driver’s license or CDL. To hold a CDL, truckers must carefully stick to safety regulations that are intended to protect the American public. Truckers are held to a higher standard than regular drivers. For instance, there are a maximum number of hours that truckers may drive on a given day. If they exceed those hours and hurt someone in an accident, criminal penalties can result, as well as personal injury liability.

Truck drivers are required to drive in a more cautious manner because they have a CDL. They also must exercise caution in adverse weather conditions.

After a serious truck accident, a police and legal investigation frequently uncovers evidence that the company and/or the driver failed to follow various state and federal rules. If the evidence indicates that the semi driver and company cut corners, juries often do not look upon these situations favorably when it comes time to render a verdict. You will need a personal injury lawyer with experience in truck accidents to maximize your settlement.

Truck Accidents and Minimum Liability Insurance Policy Limits

Liability insurance for semi truck drivers and companies is critical for public safety. It protects the public from truck accidents where the driver was negligent. The idea behind minimum liability insurance is that the trucking company can pay damages sufficient in many cases to make the injury party whole. This does not always occur in reality, however.

The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to have the following minimum coverage. Note that the minimum amount of insurance coverage depends upon the type of freight being hauled.

  • Non-hazardous goods moved in vehicles <10,001 lbs: $300,000
  • Non-hazardous goods moved in vehicles >10,001 lbs: $750,000
  • Oil moved by private carriers: $1,000,000
  • hazardous materials moved by private carriers: $5,000,000

These are the minimum requirements established by the FMCSA. Many commercial trucking companies require minimum liability insurance of at least $1,000,000, regardless of the material hauled.

Semi trucking accidents are disastrous due to the massive size of the vehicle and often leave victims involved with major property damage and devastating personal injuries. If you have been involved in a rear end semi trucking accident and suffer from injuries due to the negligence of another, you are entitled to compensation. Unfortunately, trucking accidents are not uncommon and in most cases, the driver of the small automobile is generally the person who will suffer the most severe or life threatening injuries. It is important to seek out professional medical treatment as soon as possible and speak with a truck accident lawyer to find out what options you have regarding your rear end semi truck settlement. Semi truck settlements regularly turn out to be larger settlement sums as a result of the insurance protection policies that commercial businesses are required to have.

Types of Truck Accident Lawsuits Include:

Negligence:

Lawsuits filed to recover compensation for injuries sustained in a truck accident will often be based on the truck driver’s negligence. Some common indications of negligence include:

  • Lack of truck driving experience
  • Overloading trucks
  • Operating oversized trucks on narrow roads
  • Failure to see other vehicles due to the truck’s large blind spot
  • Failing to obey traffic laws
  • Driving for too long without taking a break
  • Failure to monitor the driving hours of the truck driver
  • Not keep the tractor and/or trailer in a safe, working condition
  • Hiring an unqualified or unfit truck driver
  • Failure to properly supervise the truck driver
  • Failure to properly train the truck driver
  • Selecting an unqualified or unfit truck company

How Compensation is Determined Following a Truck Accident

Like other personal injury lawsuits, the types of compensation available to those affected as the result of an accident involving a truck falls into two categories: economic damages and non-economic damages. Hiring a personal injury lawyer will help maximize compensation for your truck accident.

Compensation involving economic truck accident damages serves to cover the specific monetary costs, including the following:

  • Current Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
  • Future Medical Expenses: Compensation for extended medical attention and care.
  • Lost Wages: Compensation for the wages lost between the time of injury and the conclusion of the lawsuit.
  • Loss of Earning Capacity: If the victim can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available. The awarding party will look to establish the amount victim could have earned had the car accident not occurred.
  • Non-economic: damages compensate the victim and/or family for non-financial, intangible losses, including:
  • Pain and Suffering: This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of the award.
  • Mental Anguish: Compensation for emotional pain stemming from a truck accident, including fright, embarrassment, nervousness, worry, grief and other forms of emotional distress caused by the accident.
  • Loss of Consortium: Compensation awarded to a spouse, parents, and minor children loss of services, assistance, aid, society, and companionship/care of a loved one, a child, or parents.
  • In addition to economic and non-economic damages, punitive damages may be applicable if the defendant’s actions causing the injury were willful, malicious, fraudulent or reckless. Punitive damages serve to punish the offender and dissuade similar behavior in the future.