Truck accidents often happen due to negligence by either a truck driver or a trucking company. Common causes include driver fatigue, distracted driving, speeding, or improper truck maintenance. Trucking companies may be at fault for failing to train drivers, pressuring them to drive long hours, or neglecting safety protocols.
Following a trucking accident, the most important steps include seeking ongoing medical attention and gathering evidence like photos and witness statements. You should also contact your insurance company. However, one of the most crucial steps is calling a skilled West Virginia truck accident attorney for representation. A knowledgeable lawyer can protect your rights, handle legal issues, and pursue fair compensation for your injuries.
How Do Truck Accidents Most Frequently Happen?
Truck crashes often occur due to the negligence of truck drivers or trucking companies. Negligence refers to the failure to take reasonable care, which can lead to accidents that cause serious injuries or fatalities. There are several ways in which both drivers and companies can be negligent, leading to dangerous collisions on the road.
For truck drivers, one of the most common forms of negligence is driving while fatigued. Due to the long hours they spend on the road, truck drivers can become tired, which significantly reduces their reaction times and ability to focus. Federal regulations limit the number of hours a truck driver can be on duty, but some drivers may exceed these limits to meet delivery deadlines, ignoring the risk of falling asleep behind the wheel or losing concentration.
Another common form of driver negligence is distracted driving. Truck drivers, like all drivers, may become distracted with their phones, navigation systems, or other in-cab activities. A momentary lapse in attention can lead to catastrophic consequences as trucks are much harder to stop or steer quickly due to their size and weight.
Improper maintenance of the truck is another area where negligence can come into play. Trucks are complex machines that require regular maintenance to ensure they are functioning properly. Failure to maintain a truck’s brakes, tires, or lights can result in a mechanical failure during driving. If the driver or trucking company neglects these responsibilities, they put everyone on the road at risk.
Trucking companies also play a crucial role in preventing accidents. One area where they can be negligent is by failing to properly train drivers. Commercial drivers need specific training to handle large trucks safely, and a company that skips this training or does not provide adequate supervision may be setting up their drivers for failure. In addition, some trucking companies pressure drivers to meet tight schedules, which can lead to unsafe driving practices, such as speeding or driving too many hours without rest.
Finally, overloaded trucks can cause accidents. Failure to properly monitor the weight of the cargo can affect the truck’s stability and braking ability, making an accident more likely.
Injuries That Result from Truck Accidents
Truck accidents, often due to truck driver or trucking company negligence, may result in both physical and mental injuries for those involved. These injuries can vary in severity, and they often have long-lasting effects on victims’ lives.
Physical Injuries:
The sheer size and weight of commercial trucks make them especially dangerous in collisions. One of the most common physical injuries is whiplash, which occurs when the neck suddenly jerks forward and backward. Whiplash can cause severe pain, stiffness, and long-term mobility issues. Another frequent injury is broken bones. Due to the violent impact of a truck accident, victims may suffer fractures to their arms, legs, ribs, or even the skull. These injuries often require surgery and long periods of recovery.
Traumatic brain injuries (TBIs) are also common in truck crashes, particularly if the victim’s head strikes an object or if they are ejected from the vehicle. A TBI can range from a concussion to severe brain damage, leading to problems with memory, coordination, and speech. Spinal cord injuries are another serious outcome of truck accidents. These injuries can lead to partial or complete paralysis, affecting the victim’s ability to walk or move. Spinal injuries often require ongoing medical care and may permanently alter a person’s life.
Furthermore, internal injuries such as damage to organs, bleeding, or internal fractures can result from the force of a collision. These injuries may not be immediately visible, but they are extremely serious and can be life-threatening if not treated promptly.
Mental Injuries:
In addition to physical injuries, truck accidents can cause significant mental health issues. One of the most common is post-traumatic stress disorder (PTSD). Survivors of truck accidents often experience flashbacks, nightmares, and intense fear, which can make functioning in daily life difficult. Anxiety and depression are also common, as individuals may struggle with the emotional and psychological aftermath of the traumatic event.
Steps to Take After a Truck Accident
Following a truck accident, it’s important to take several steps beyond seeking medical treatment, gathering evidence at the scene, and contacting your insurance company. These additional actions can help protect your legal rights and ensure that you receive appropriate compensation for any injuries or damages.
- Obtain a Copy of the Police Report – After the authorities have investigated the accident scene, make sure to request a copy of the police report. This document may contain key details about the accident, including the officer’s assessment of fault, any citations issued, and witness accounts. This report can be invaluable when dealing with your insurance company or any potential legal action.
- Contact an Attorney – An experienced truck accident lawyer can deal with the legal process, communicate with insurance companies, and determine whether you are entitled to compensation. A lawyer can also protect your interests if the trucking company or its insurer tries to settle quickly or denies liability.
- Keep Track of Your Medical Treatment and Expenses – Document all medical treatments you receive, including doctor’s visits, hospital stays, surgeries, and any physical therapy. Furthermore, keep track of any related expenses, such as prescription medications, transportation costs to appointments, and out-of-pocket medical bills. This information will be essential for proving the full extent of your injuries and the costs associated with your recovery.
- Avoid Speaking to the Trucking Company’s Insurer – The trucking company’s insurance adjusters may contact you shortly after the accident, often offering a quick settlement. However, being cautious is important. Do not sign anything or make statements without consulting your lawyer first. Insurance companies are focused on minimizing payouts and may use your words against you to reduce their liability.
- Maintain a Record of Lost earnings – If your injuries prevent you from working, keep track of any lost income and other work-related benefits. This information can help support your claim for compensation, covering not only medical expenses but also the income you have lost due to the accident.
By taking these additional steps, you protect your rights and ensure that you are properly compensated for the repercussions of your accident.
Important Evidence in a Truck Accident Claim
In a truck accident claim or lawsuit, gathering the right evidence is crucial to proving fault and ensuring that you receive fair compensation for your injuries and damages. There are several types of evidence that are particularly important in truck accident cases. The following are the key categories to focus on.
Police Reports
One of the most important pieces of evidence in any accident claim is the police report. When law enforcement officers arrive at the scene of the accident, they will document the incident, including details such as the location, time, weather conditions, and the names of the parties involved. The report may also include statements from witnesses and the officers’ assessment of fault. This official record can be critical in establishing liability.
Witness Testimony
Eyewitnesses who saw the accident happen can provide valuable testimony that supports your version of events. Witnesses may have observed the truck driver’s actions, such as speeding, running a red light, or driving recklessly. It’s important to gather names and contact information from anyone who witnessed the accident so that they can be contacted later for statements or depositions.
Truck Driver’s Logs and Records
Laws require truck drivers to maintain logs that record their driving hours, rest breaks, and other important information. These logs can provide insight into whether the driver was following regulations, such as the Hours of Service Rules that limit the number of hours a truck driver can be on the road without rest. If the driver was fatigued or overworked, these logs can be key evidence in proving negligence.
Black Box Data
Many trucks are equipped with electronic data recorders, often referred to as “black boxes,” which record information such as speed, braking patterns, and engine performance. This data can help determine the truck’s actions leading up to the crash, including whether the driver was speeding, braking suddenly, or making erratic movements. Accessing and analyzing this data can provide crucial evidence in the case.
Truck Maintenance Records
If the truck involved in the accident had mechanical issues, the trucking company’s maintenance records can be vital. A failure to properly maintain the truck, such as worn-out tires or malfunctioning brakes, can point to negligence on the part of the trucking company. These records can show if regular maintenance was conducted and whether any required repairs were overlooked or delayed.
Photographs and Video
Photos or video footage from the scene of the accident, including damage to vehicles, skid marks, and traffic conditions, can provide powerful evidence. Dashcam footage from the truck or nearby vehicles may also offer additional context about how the accident occurred.
By collecting these various types of evidence, you can build a strong case in a truck accident claim or lawsuit, helping to ensure that justice is served.
Recovering Compensation for Injuries in a Truck Crash
If you have suffered an injury in a trucking collision, there are several types of losses you can recover, depending on the extent of your injuries and the circumstances of the crash. Compensation is designed to help cover the financial, physical, and emotional effects of the accident. The following are the most important types of losses that can be recovered.
- Medical Expenses – One of the most common losses is medical expenses. Medical expenses include all costs related to the treatment of your injuries, such as hospital bills, surgery, doctor’s visits, physical therapy, and prescription medications. If your injuries require long-term care, you can seek compensation for future medical costs as well. The goal is to ensure that you are not financially burdened by the medical care needed to recover from the accident.
- Lost income – If your injuries prevent you from working, you can recover compensation for the earnings you have lost. Lost earnings include both the income you have missed while recovering and any future lost income if your injuries result in permanent disability or a reduced ability to work. For example, if you are unable to return to your previous job or need to switch to lower-paying work, compensation may cover the difference in income.
- Pain and Suffering – Pain and suffering compensation is awarded for the physical and emotional distress your injuries caused, including chronic pain, emotional trauma, anxiety, and depression that result from the accident. While these damages are subjective and harder to quantify, they can significantly affect your quality of life, so they are taken into account during the compensation process.
- Property Damage – If your vehicle was damaged in the accident, you can recover the cost of repairs or the total value of the vehicle if it was totaled. This compensation can also cover any personal property that was damaged in the crash, such as electronics or personal items in your car.
- Loss of Consortium – In some cases, if your injuries affect your relationship with your spouse, they may be entitled to compensation for the loss of companionship, affection, or intimacy. This type of damage is called loss of consortium and applies when the accident has negatively affected the injured party’s relationship with their spouse.
- Punitive Damages – If the trucking company or driver’s behavior was particularly reckless or intentional, you may be awarded punitive damages. These damages are meant to punish the responsible party.
Talk with an Experienced Truck Accident Attorney Today
If you sustained injuries in a commercial trucking accident, you may be entitled to recover compensation for your various losses from the negligent truck driver or trucking company’s insurer. A skilled West Virginia personal injury attorney at the Robinette Legal Group, PLLC can handle settlement negotiations for you and, if necessary, litigate your case to an efficient resolution in court.
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.
