Truck accidents are especially traumatic and difficult because they are more likely to result in severe injury or death. A typical “big-rig” tractor-trailer can weigh more than 30,000 pounds, which means a passenger vehicle is virtually defenseless against an impact with a big rig truck. Understanding the potential for destruction involved in accidents involving semi-trucks, big rigs, tractor-trailers, and other large commercial vehicles, the Federal Motor Carrier Safety Administration (FMCSA) has strict driver requirements and insurance liability laws in place for operators and their drivers.
You deserve to be compensated.
The added risk of operating a big rig truck for commercial purposes means that all parties involved understand their liability to the full extent of the law and that any operator found not complying will be “shut down” by highway patrol or other law enforcement. Of course this does not always account for numerous other violations or errors in judgements by operators and drivers that lead to devastating consequences. We can examine these in greater detail, however if you need answers now please use the buttons below to get a faster response. Time is critical to your case, your injuries, and your life.
If you’ve been in a truck accident or you’ve lost a loved one as a result of truck accident injuries, you might not know where to turn. Contact us today and we can help.
Our attorneys are experienced in handling all types of truck accident cases, and we have seen the kinds of damages that can occur. The NHTSA reports that 94% of all car accidents are caused by driver error. That means these accidents are preventable. Some of these errors can be:
- Distracted driving
- Road rage
- Speeding
- Tailgating
- Failure to obey traffic signals and guidelines
- Driving under the influence of drugs and/or alcohol
- Fatigued driving
- Operating a commercial vehicle with mechanical defects
There can be many different causes of an auto accident, but in the majority of collisions there is usually an at-fault party for damages and injuries. The aftermath of a car wreck can leave you seriously hurt, in pain, and unable to work for a substantial time while you recover.
Distracted driving is an especially difficult problem for long-haul or OTR (over-the-road) truckers. Due to the extended driving time, many truckers can often find themselves bored or distracted by the long road hours. This can lead to riskier behavior such as texting and driving, eating, or otherwise losing focus on the task at hand. With such higher potential for disaster, truckers must ensure that they do not become distracted drivers that cause wrecks.
A recent study showed that 30% of truck drivers admitted to taking amphetamines on the job, and 20% used marijuana. These substances can keep drivers awake unnaturally but can also lead them to take more uncalculated risks such as unsafe lane changes and using risky maneuvers. When these drugs wear off, the drivers are at even MORE risks of falling asleep than before.
-Occupational and Environmental Medicine, online October 21, 2013
What Damages Can I Collect for my Truck Accident?
The amount of damages you can collect for your truck accident depends on the extent of your injuries and the circumstances of your case. The types of damages vary depending on the details of your case, including the at-fault driver, factors involved in the accident, the extent of injuries, and where the accident occurred. Victims or their families often seek economic damages, non-economic damages, or both.
Economic Damages
- Medical Expenses (Past and Future) – Semi-truck accidents usually result in catastrophic injuries that will require long-term care and rehabilitation. Our attorneys will fight for the maximum damages allowed by law if you were injured seriously in a truck accident.
- Lost Income / Future Earnings – It goes without saying that any major truck accident will require extended recovery time and most victims will be unable to work for significant periods thereafter. If the accident results in a permanent disability, that may limit your ability to work at your previous capacity and limit your future earnings. You are entitled to this lost income and any future earnings lost due to your accident.
Non-economic Damages
- Pain and Suffering – Victims of truck accidents can win damages for their pain and suffering. While difficult to quantify, the purpose of these damages is to compensate you for the pain you have experienced, both emotionally and physically due to your accident.
- Physical impairment – Intended to compensate a victim who has suffered a physical impairment as a result of their accident, these damages can be seen as the non-economic partner to the loss of future earnings.
- Disfigurement – Amputations and scars are common following a major truck accident. Victims may be awarded special damages to compensate for changes to their physical appearance which may affect their ability to live a normal life.
Exemplary Damages
In some cases, juries may also award exemplary damages, also known as punitive damages. These damages refer to accidents where the crash was cause by an intentional disregard for safety. For example, if the truck driver or trucking company knew of a substantial risk, but drove or directed their driver to drive anyway, they may be ordered to pay exemplary damages. These awards can be significant as their intention is to punish the company or individual who caused you harm.
As the leading cause of personal injury and fatality in America, car accidents can happen in almost any situation and can be caused by countless factors. Although there are many unique forms of car accidents, there are a few general types of accidents that insurance companies, accident reports, and personal injury claims will use to classify and describe the incident that occurred.
Rear-End Collision
Rear-end collisions involve the impact of one car’s front side into another car’s back side. These can range in damage, severity, and potential for injury depending on a variety of circumstances, including speed and distance. Rear-end collisions are among the most common types of car accidents, amounting to 29.6% of all U.S. car crashes, according to the National Highway Traffic Safety Administration (NHTSA).
Side Impact
Any accident in which one vehicle hits the side of another is considered a side impact. Sometimes referred to as “T-bone,” side impacts can occur when one car runs a stop sign and hits the side of a vehicle in the process of making a turn or passing through the intersection. The NHTSA reports that 28.9% of car accidents in the U.S. are side impact crashes.
Head-On Collision
Head-on collisions occur when two vehicles collide front to front, or when a single vehicle hits a stationary object headfirst. Head-on collisions have a high potential for causing injuries and can be caused by a variety of situations, including the swerving of a vehicle into oncoming traffic. Around 2% of car accidents in America are head-on collisions.
Rollover
A rollover is when a vehicle flips over onto its roof or side and is typically caused by collisions or tight turns at high speeds. While any car can be in a rollover accident, taller vehicles and SUVs run a higher risk of rollovers. The NHTSA reports that 2.3% of car accidents are rollovers.
Single-Vehicle Accidents
There are many separate types and causes of single-vehicle accidents. Runoffs, road departures, and collisions with stationary objects are a few examples.
Any injury large or small can seriously impact the quality of your life and you deserve compensation for your pain. We have seen it all when it comes to accident injuries and we know how extensive and expensive treatment can be for various injuries. Our expert attorneys are familiar with injuries such as:
- Traumatic Brain Injuries
- Broken Neck
- Paralysis
- Chest/Rib Injuries
- Soft Tissue Injuries
- Whiplash
- Muscle Strains and Sprains
- Cuts/Contusions/Scrapes
- Broken and/or Fractured Bones
- Jaw Injuries
- Tooth Loss
- Pelvic Injuries
FREE CASE REVIEW
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Contact us today to set up a free consultation.
The lawyers at The Garza Law Firm are experienced professionals who will stand up to the insurance companies so you can focus on what matters, healing and getting back to your life.
Deciding to go it alone with the insurance company can be a costly and stressful decision. We often return settlements in higher multiples than if you are not represented by an attorney at all. We have the experience and resources to get you the compensation you deserve.
Some of the ways we help:
- Identify all defendants and insurance coverages
- Communicate directly with the insurance company so you don’t have to
- Build your case by gathering all documentation such as police reports, lost wages information and medical records
- Document all damages and staying on top of your medical care
- Establish fault for the defendant and provide recommendations so you can make informed decisions regarding your case
Remember, you don’t have to do this alone. Our consultations are always free, and we won’t charge you a fee unless we win your case. You have nothing to lose and a wealth of knowledge, experience and care to gain by reaching out to us or chatting directly with our support here on this website.
How much is my car accident worth?
Without knowing all the factors in your car accident claim, NO ONE can initially determine what your case is worth. It is important to tell your version of the story, identify the liable party, complete medical treatment, and have an experienced personal injury attorney review your case during this process.
If your accident had an immediate price tag, there would not be an opportunity to present your specific case, potentially risking thousands of dollars, or the entire claim. We have settled thousands of personal injury cases and we know for a fact that no two car accidents are alike.
Our goal will always be to serving you by recovering the maximum amount of compensation you deserve for your accident. Our proven method of presenting a professional and persuasive case that is supported with evidence, medical documentation, and measurable treatment like physical therapy ensures you will receive a fair settlement.
When should I go to the doctor?
If your accident was more than a fender bender, you should seek medical treatment as soon as possible. Often people assume that the initial bumps and bruises do not seem serious and they decide to avoid seeing a doctor. However, if the onset of serious injury is delayed, the failure to have a medical complaint recorded can affect your chances of recovery.
Neck and back injuries like herniated disks are not always determined immediately. Often they are diagnosed initially as “soft-tissue” injuries before a CT scan or MRI reveals a disc injury. X-ray film is generally not able to diagnose disc injuries.
The bottom line is that if you were rear-ended, sideswiped, or t-boned you likely suffered trauma. Even if you don’t feel pain right away, you have nothing to lose by seeing a doctor as soon as possible.
Seek Medical Treatment Immediately Following an Accident
It may be a minor fender bender or soft rear end collision, but internally your body has suffered a massive shock. Car accident victims are often convinced they are fine because the surprise of the unexpected collision has caused their body to pump adrenaline through their body and this masks immediate pain. They may deny medical treatment on the spot or decline to visit a doctor because they do not realize they have been injured.
From a medical standpoint we know that internally we may have suffered muscular tears, internal bleeding, organ damage, or possible brain injury. It is difficult to determine this without speaking to a medical professional first.
Seek medical treatment as soon as possible!
Furthermore, from a legal perspective, having gaps in treatment or not showing any record of an attempt to be treated will reflect poorly on your personal injury claim. Insurance companies require detailed medical records and consistent treatment history or there will be no evidence to support your claim.
Collect Information / Take Photos
Once you have made sure everyone is safe and your injuries are not severe, it is a good idea to begin collecting as much information as possible. Drivers should exchange names, addresses, phone numbers and insurance information. Take pictures of damaged vehicles, license plates and any relevant evidence that helps understand what occurred, such as debris in the road or confusing construction signs.
Accident Reports Provide Your Attorney with Essential Information
If you are able to speak to an officer on the scene, be sure to obtain an accident report as this evidence can be crucial in determining liability. You should never admit fault to a police officer at the scene. Even if you feel responsible or guilty in anyway, only tell the officer what happened from your perspective.
If you admit fault, the officer will include that in their accident report.
Let your attorney review the report and evidence with the insurance company to determine liability. If you feel as though your report contains errors or inaccurately places you at fault, you should contact your attorney for counsel.
The Insurance Company is NOT on Your Side
After an auto accident the goal of the insurance company is to pay the smallest possible amount to settle your case. Remember that insurance companies make billions of dollars a year in profit by fighting tooth and nail with high-priced defense attorneys to pay out as little in claims as possible while raking in billions in premiums.
Often the insurance companies will pressure car accident victims to give recorded statements or sign medical authorization release forms that expose your health history. This information is used against you to limit how much they pay for your claim.
We know how to deal with insurance companies, we know their tactics and we can help you by dealing with them directly. You were victimized by their client’s negligence and should not be made to feel guilty or that your damages do not matter.