Negligent truck drivers and trucking companies can cause accidents through speeding, fatigue, distracted driving, or failing to properly maintain vehicles. Drivers may also ignore traffic laws or drive under the influence, increasing the crash risk.
You need black box data after a truck accident because it records important information such as speed, braking, and vehicle actions, helping to determine fault. This data can provide strong evidence in a claim or lawsuit.
A skilled truck accident attorney can investigate your accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They will aggressively pursue the compensation you deserve for your medical bills, lost income, and other damages.
Common Truck Accident Injuries
Victims of truck accidents often suffer serious mental and physical injuries due to the negligence of truck drivers or trucking companies. These injuries can lead to long-term disabilities.
Physically, truck accident victims may experience a variety of injuries.
Whiplash occurs when the neck moves suddenly, damaging the soft tissues in the neck and spine. This damage can lead to chronic pain and stiffness.
Victims can also suffer broken bones, including fractures of the arms, legs, ribs, and pelvis. These injuries often require surgery and long recovery times.
Traumatic brain injuries (TBIs) are another serious risk. TBIs can result in memory problems, difficulty concentrating, and, in severe cases, permanent cognitive impairments.
Spinal cord injuries are also common in truck accidents, potentially leading to paralysis.
Internal injuries, such as damage to the lungs, liver, or kidneys, may not immediately manifest but can lead to severe complications if not treated promptly. Severe burns are another risk, especially if the truck or vehicle catches fire after the collision.
On the mental side, truck accident victims often suffer from post-traumatic stress disorder (PTSD). PTSD can cause flashbacks, anxiety, depression, and sleep disturbances. Survivors may also experience feelings of fear and helplessness, which can make returning to normal daily activities difficult.
In addition to PTSD, truck accident victims may experience significant emotional distress, such as depression and anxiety. The trauma of a serious accident can disrupt their lives, leading to a loss of confidence, fear of driving, or an inability to perform at work or in personal relationships.
Ways That Truck Drivers and Trucking Companies Cause Accidents
Negligent truck drivers and trucking companies contribute to a significant number of accidents, often resulting in devastating consequences for other motorists.
Their negligence can take many forms, from poor driving habits to inadequate vehicle maintenance.
- One common form of negligence is driver fatigue. Truck drivers are often under pressure to meet tight deadlines, which can lead them to drive for extended hours without proper rest. Fatigued drivers have slower reaction times, impaired judgment, and difficulty staying focused on the road, increasing the likelihood of accidents. Drowsy driving can result in rear-end collisions, side-swiping other vehicles, or even catastrophic crashes when the driver falls asleep at the wheel.
- Another form of negligence is distracted driving. Some truck drivers engage in texting, making phone calls, or using GPS devices while driving. This distraction takes their attention away from the road and increases the risk of collisions. Distracted driving can lead to lane changes without signaling, running red lights, or failing to notice other vehicles or pedestrians, causing serious crashes.
- Driving under the influence of alcohol or drugs is another form of dangerous negligence. Some truck drivers may use substances to stay awake or deal with stress, but these substances can impair their reaction time, decision-making, and ability to safely operate their vehicles. Drug or alcohol-related accidents can cause head-on collisions, rollovers, and multi-vehicle pileups, all of which can result in severe injuries or fatalities.
- Trucking companies also share responsibility for accidents resulting from negligence. For instance, if a trucking company fails to maintain its fleet of vehicles properly, the risk of accidents increases. Worn-out brakes, tire blowouts, or malfunctioning lights can lead to serious crashes. Inadequate vehicle inspections or repairs can cause sudden breakdowns or mechanical failures, leading to rear-end accidents, rollovers, or crashes involving disabled vehicles on the road.
- Poor cargo loading is another factor. If a trucking company fails to properly secure a load, the cargo can shift during transit, causing the truck to become unbalanced. An unbalanced load can lead to dangerous situations such as jackknife accidents, where the truck’s trailer swings out to the side, or rollover accidents, where the truck tips over due to shifting weight.
How Can Black Box Data Help in Your Truck Accident Case?
Truck black box technology, often referred to as the Event Data Recorder (EDR), plays a crucial role in truck accident claims and lawsuits. These devices in commercial trucks can capture critical data about the vehicle’s speed, braking, and other actions leading up to and during a crash.
This information can prove liability in a truck accident case, helping victims hold the responsible parties accountable.
- The black box captures the truck’s speed during the crash. If a truck driver broke the speed limit during the crash, it could constitute negligence. For example, if the truck traveled well above the speed limit or too fast for road conditions, this information can support the claim that the truck driver was at fault for the crash. Speed data can also help determine whether the truck driver could stop in time to avoid an accident.
- Another important piece of information that black boxes record is the truck’s braking history. Braking history includes data on how hard the driver applied the brakes when the brakes were engaged and whether the truck was slowing down or accelerating prior to the collision. If the data shows that the driver failed to brake appropriately or was not braking at all, this information can suggest driver negligence, such as distracted driving or fatigue. In some cases, the black box data may show that the driver could not stop due to faulty braking systems or poor maintenance, which can point to the trucking company’s negligence.
- Black boxes also track the truck driver’s steering behavior and the use of cruise control, which can provide insight into whether the driver maintained proper control of the vehicle. For instance, if the driver did not steer the truck properly or engaged the cruise control at an unsafe time, this information can show that the driver’s actions contributed to the crash.
- Furthermore, black box data can establish whether the truck’s safety features, such as anti-lock brakes or stability control systems, functioned properly. If these systems fail, this failure can point to maintenance issues that the trucking company neglected to address.
In a truck accident claim or lawsuit, black box data can provide objective, hard evidence that supports the victim’s version of events. Personal injury lawyers can use this data to strengthen their case and demonstrate negligence, whether by the driver or the trucking company. As a result, victims have a better chance of securing the compensation they deserve.
Settling or Litigating a Truck Accident Case
Deciding whether to settle or litigate a truck accident case can significantly affect the outcome of a claim.
Both options have advantages and disadvantages, and the best choice depends on the specific details of the case, the extent of the injuries, and the willingness of the parties to negotiate.
Settling a Case:
Settling a truck accident case means agreeing with the at-fault party (or their insurance company) without going to trial.
One big advantage of settling is that it typically results in a quicker resolution. Settlements can be reached within weeks or months, while litigation can take years to resolve. Settling also avoids the uncertainty of a trial, where there is no guarantee of winning.
In addition, settlements often allow both parties to avoid the high costs of a trial. Legal fees, expert witnesses, and court expenses can add up quickly during litigation, and a settlement eliminates these costs.
For the party filing the claim (i.e. the plaintiff), settling means receiving compensation sooner, which you may need if medical bills and other expenses are piling up.
However, settling may come with drawbacks. The victim may be pressured into accepting a lower offer, especially if the insurance company offers a quick payout. Settling also means the victim will not have the chance to take the case to court and potentially receive a larger award.
Therefore, carefully consider whether the insurance company offered a fair and adequate settlement offer that will cover medical expenses, lost income, and pain and suffering.
Litigating a Case:
Litigation involves taking the case to court, where a judge or jury decides the outcome. One of the benefits of litigation is that the victim may receive a larger verdict if the case succeeds.
Court trials allow for a full presentation of evidence, including testimony from witnesses, experts, and the victim, which can lead to a more thorough examination of the facts and may result in a higher compensation amount.
On the downside, litigation is time-consuming and expensive, and you may lose at trial.
Even if the victim wins, there is no guarantee they will receive the full amount of damages they sought. Besides that, the emotionally draining process often requires the victim to relive the traumatic experience during testimony.
The decision to settle or litigate depends on the case’s specifics and the accident victim’s goals. If the settlement offer is fair and meets the victim’s needs, you may prefer to settle. However, if the offer is too low or the case is complex, litigation may provide the most advantages.
An experienced truck accident attorney can help with this decision.
Types of Damages You May Recover in a Truck Accident Claim or Lawsuit
When you file a truck collision claim or lawsuit, you can recover damages. Compensation may cover both the financial losses and emotional pain that the crash caused.
Here are the main types of losses that victims can recover in a truck accident case:
- Medical Expenses – One of the most common losses is for medical expenses. These expenses include the costs of hospital bills, surgeries, doctor’s visits, prescription medications, physical therapy, and any future medical care that may be required due to the accident. Expenses for severe or long-lasting injuries can add up quickly, so seek compensation for both current and future treatment.
- Lost earnings – If you cannot work due to your injuries, you may be entitled to compensation for lost income. Lost income includes any income you miss out on while recovering from the accident. Long-term or permanent injuries can result in compensation for future lost earnings.
- Pain and Suffering – Pain and suffering compensation pays for the physical pain, emotional distress, and mental anguish caused by the accident and the resulting injuries. This type of loss deals with subjective experiences. Victims can receive compensation for chronic pain, anxiety, depression, and any long-term effects of their injuries.
- Property Damage – Compensation for property damage will cover the cost of repairs to your vehicle or, if the vehicle is totaled, the cost of replacing it. In addition, it can pay for any personal items (such as electronics or personal belongings) the crash damaged.
- Emotional Distress – Beyond physical pain, emotional distress the trauma of a truck accident caused can be grounds for compensation. Emotional distress can include anxiety, depression, PTSD, or the inability to carry out everyday activities due to the emotional toll of the accident.
- Loss of Consortium – If the injuries the accident caused affect your ability to maintain a close relationship with your spouse or family, they may recover compensation for loss of consortium.
Contact a Skilled Truck Accident Attorney Today
If you sustained injuries in a trucking collision, a knowledgeable personal injury lawyer at the Robinette Legal Group, PLLC can gather the evidence necessary to prove your case, including truck black box data. Your truck accident lawyer can also negotiate aggressively on your behalf and work to maximize the total compensation you recover.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
