If you’ve been in an accident with a commercial truck, the repercussions can be more serious than in any other kind of vehicular accident. A fully loaded commercial truck weighs a minimum of 25 times the weight of a car, making trucks much more likely to cause serious or fatal injuries.
If you sustained injuries due to the fault of a commercial truck driver, you could be eligible for damages to compensate you for any financial, physical or emotional losses that occurred because of the accident.
Below, you’ll learn more about when and how you can recover compensation for your injuries.
What Makes Commercial Truck Accidents so Dangerous
Truck drivers are typically more careful than automobile drivers, but they cause thousands of fatalities and hundreds of thousands of injuries each year. Many of these accidents are not the truck driver’s fault, and instead are caused by the negligence of automobile drivers or road hazards.
Something that makes truck accidents especially dangerous is the fact that commercial trucks carry heavy and dangerous freight. The additional impact of a truck carrying heavy freight can sometimes mean the difference between life and death for an automobile driver. In addition, trucks carrying gasoline or other hazardous materials can also cause serious additional injuries due to leaks and explosions.
How to Prove Your Commercial Truck Accident Case
Like nearly all personal injury lawsuits for vehicle accidents, the injured party must prove that the truck driver acted negligently and caused their injuries. A truck driver may be considered negligent if they did not act carefully to prevent your injuries while they were behind the wheel. If the plaintiff can prove that the driver or trucking company did not employ a reasonable degree of carefulness to prevent injury to drivers, passengers or pedestrians, and if this lack of care caused the plaintiff’s injuries, the defendant can be considered negligent and liable for compensation.
Identifying Defendants
If you want to collect sufficient compensation for injuries you received during a commercial truck accident, you should first identify all potential defendants. The driver is obviously a defendant, but trucking companies, insurance companies, employers and others may also be liable for your injuries and owe you compensation.
For example, if the driver is employed by a shipping company, the company may also be liable for the driver’s negligent behavior. Even if the driver is an independent contractor for a company, if they were not properly supervised by the company, the company can be considered liable. Additionally, if an accident occurs while the driver was transporting hazardous materials, the manufacturer or shipper of those materials may be liable if they did not properly inform the trucker or their company of the dangers.
As always, an experienced lawyer is the best source of information and advice on identifying potential defendants.
Special Considerations
Because of the size of commercial trucks, some accidents are more likely to occur due to causes out of the driver’s control. For example, large trucks often jackknife during sudden brakes and turns. However, sometimes the need to abruptly stop or turn is due to a slippery road that could not have been detected, or because the driver had to avoid a stalled vehicle or driver. In these cases, it is possible that the driver will not be considered negligent.
On the other hand, large trucks are often difficult to turn and require two lanes to turn right. While this is not always considered negligence, some courts have maintained that this type of maneuver can establish that the driver is at fault.
Because commercial truck accidents often cause major injuries and property damage, working with a lawyer is key to getting the compensation you deserve. Make sure to contact a lawyer right away for a free consultation. Even if you decide not to proceed with your case, you’ll have a clear understanding of your rights.
If you’ve sustained injuries in a commercial truck accident, consult with a truck accident lawyer to understand your rights.
