If you are reading this, chances are you or someone close to you has been affected by a truck accident. It’s no surprise since around 160k truck accidents take place every year in the USA alone out of which around 3% result in fatality which amounts to around 5000 deaths. That’s 5040 loved ones lost every year. Not only this, around 400k trucks are involved in damage-only crashes every year in the US.
Truck accidents tend to cause such great damage mainly due to the sheer size and weight of the vehicle being more than an average car on the road. That is why consulting a truck accident law firm becomes important to navigate the legal complexities that may arise. So, if you are a licensed driver in the USA then this blog is for you.
In this blog, we will try to understand in detail what causes these truck accidents; what legal steps are to be taken in case you or a loved one has unfortunately been a part of such an accident, Or you simply happen to come across a truck accident.
CAUSES OF TRUCK ACCIDENTS
While there can be many reasons for a truck accident, the leading cause is generally accepted to be driver fatigue. With long driving hours and no breaks, the drivers tend to get exhausted. Although there are regulations set by the Federal Motor Carrier Safety Administration (FMCSA) which clearly state that a driver has to spend no more than 14 hours on the road in a day out of which only 11 are supposed to spent behind the wheel, yet these regulations tend to get violated due to tight delivery schedule deadlines.
The following list compiles all other major causes of truck accidents in USA –
- Driving under the influence
- Speeding
- Bad weather
- Distracted or Impaired driving
- Reckless or Aggressive driving
- Overloaded or improperly loaded cargo trailers
- Poor truck maintenance
- Inexperienced or undertrained drivers
LEGAL STEPS TO BE TAKEN AFTER A TRUCK ACCIDENT
Experiencing a truck accident can be a traumatic and overwhelming event. As a victim, understanding the legal processes involved can help you navigate the aftermath more effectively and ensure you receive the compensation you deserve. Here’s a detailed guide from a victim’s perspective provided by a seasoned truck accident law firm:
1. Immediate Actions Post-Accident
- Ensure Safety and Seek Medical Attention:Immediately after the accident, prioritise your safety and the safety of others. Check for injuries and call 911 to request emergency medical services. Even if you feel fine, it’s crucial to get a medical evaluation as some injuries may not be immediately apparent.
- Report the Accident:
When the police arrive, they will secure the scene and file an official accident report. This report is crucial as it contains important details about the accident and is often used in legal proceedings.
- Collect Evidence:If you are able, gather evidence at the scene. Take photographs of the vehicles involved, road conditions, skid marks, and any visible injuries. Collect contact information from the truck driver, witnesses, and other parties involved. Note the truck’s licence plate number, the trucking company’s name, and any other relevant details.
- Avoid Making Statements:Be cautious about what you say at the scene. Avoid admitting fault or making detailed statements about the accident to anyone other than the police. Your words could be used against you later.
2. Seeking Legal Assistance
- Consult a Truck Accident Law Firm:Contact a truck accident law firm as soon as possible. Truck accidents involve complex regulations and multiple parties, requiring expert legal knowledge. Most personal injury lawyers offer a free initial consultation.
- Provide Detailed Information:During your consultation, provide your truck accident injury attorney with all the evidence you collected and a detailed account of the accident. Your attorney will assess your case and advise you on the best course of action.
3. Medical Treatment and Documentation
- Follow Medical Advice:
Continue with any prescribed medical treatments and follow your doctor’s advice. Keep detailed records of all medical treatments, expenses, and any impacts on your daily life. These records will be crucial for your claim. - Document Recovery Process:
Maintain a journal documenting your recovery process, including pain levels, physical limitations, and emotional distress. This personal account can support your claim for non-economic damages.
4. Investigation and Evidence Gathering
- Comprehensive Investigation:Your truck accident law firm will conduct a thorough investigation, which may include:
- Reviewing the police report and your medical records.
- Collecting data from the truck’s electronic logging device (ELD) and black box.
- Examining the truck driver’s logbook and employment records.
- Inspecting the truck’s maintenance records and any violations of trucking regulations.
- Gathering Expert Opinions:
Your truck accident injury attorney may collaborate with accident reconstruction experts, medical professionals, and other specialists to build a strong case.
5. Identifying Liable Parties
- Determining Fault:Identifying all liable parties is essential. The liable parties can include the truck driver, if they were negligent or violated traffic laws OR the trucking company, if they failed to maintain the truck or enforce proper safety protocols OR the truck manufacturer, if a vehicle defect contributed to the accident OR cargo loaders, if improper loading caused the accident.
- Comparative Negligence:In some states, comparative negligence rules apply, where compensation is reduced by your percentage of fault. Your attorney will evaluate the extent of fault for each party involved.
6. Filing Claims and Legal Actions
- Insurance Claims:
Your attorney will file claims with the relevant insurance companies. Trucking companies typically have substantial insurance policies, but insurers often try to minimise payouts. - Demand Letter:A demand letter outlining your injuries, damages, and the compensation sought is sent to the insurance companies and other liable parties.
- Negotiations:Your truck accident injury attorney will handle negotiations with the insurance companies, aiming to secure a fair settlement that covers your medical expenses, lost wages, property damage, and other losses.
- Filing a Lawsuit:If a fair settlement cannot be reached, your attorney may file a lawsuit. This involves drafting and filing a complaint with the court and serving the defendants with the complaint.
7. Pre-Trial Processes
- Discovery:During discovery, both sides exchange information and evidence. This includes interrogatories (written questions), depositions (sworn statements taken in front of attorneys and a court reporter), and requests for documents and evidence.
- Pre-Trial Motions: Personal injury lawyers may file pre-trial motions to resolve certain issues before trial. This can include motions to dismiss the case or motions for summary judgement.
8. Settlement Negotiations
- Mediation and Arbitration:Many truck accident cases are settled out of court through mediation or arbitration. These are alternative dispute resolution methods where a neutral third party helps the disputing parties reach an agreement.
- Settlement Agreement:If a settlement is reached, a formal settlement agreement is drafted and signed by all parties. This agreement outlines the terms of the settlement, including the compensation amount.
9. Trial
- Trial Preparation:If the case goes to trial, both sides will prepare their arguments, evidence, and witness lists.
- Court Trial:
During the trial both parties must be present with their opening statements. Witnesses are called and cross-examined and evidence is presented in front of the court. Closing arguments are made by lawyers and prosecutors. - Jury Deliberation and Verdict:The jury (or judge in a bench trial) deliberates and delivers a verdict. If the verdict is in your favor, the court will award damages.
10. Post-Trial Processes
- Appeals:Either party can appeal the verdict if they believe there were legal errors that affected the outcome. The appeals process can be lengthy and involves presenting arguments to a higher court.
- Collecting the Judgment:If the verdict is in your favor and not appealed, your attorney will take steps to collect the awarded damages from the liable parties.
FINAL THOUGHTS FROM EXPERT ATTORNEYS
Navigating the legal process after a truck accident can be daunting, but understanding each step can help you manage the challenges more effectively. Engaging an experienced truck accident law firm is crucial in ensuring that your rights are protected and that you receive the compensation you deserve. From the immediate aftermath to the final resolution, your personal injury lawyer will guide you through each phase, providing the expertise and support necessary to navigate this complex process.
