Commercial trucks, including 18-wheelers and tractor-trailer trucks, are formidable figures on American highways. These massive vehicles move goods from place to place and help keep our economy flowing. Unfortunately, they can also cause significant injuries in an accident.
Pursuing justice and compensation after a truck accident is a daunting process. There may be more than one defendant, and large trucking companies with commercial insurance policies will have their own legal representation.
A truck accident lawyer with Ben Crump Law, PLLC is ready to help you pursue compensation for your injuries and damages. Our lawyers are unafraid of large and powerful corporate defendants.
Call Ben Crump Law, PLLC today for a free consultation with a member of our firm by dialing 800-630-9229.
How Does Driver Fatigue Cause Truck Accidents?
Driver fatigue is deadly because no one really knows the precise moment when they fall asleep.
Even if you do not fall asleep at the wheel, driver fatigue causes accidents. According to the Centers for Disease Control and Prevention (CDC), driver fatigue:
- Reduces your ability to pay attention to the road.
- Slows your reaction and response time, especially if you must stop or steer quickly.
- Impedes your judgment and ability to make good decisions.
Truck drivers are in a high-risk group for drowsy driving, according to the CDC. Drivers are often under pressure to drive beyond the legal time allotted for commercial truck drivers.
Federal Regulations on Drive Time
Commercial truck drivers must comply with the Federal Motor Carrier Safety Association (FMCSA) guidelines. These regulations limit the time that drivers can be behind the wheel and include mandatory sleep and rest breaks.
According to the FMCSA, property-carrying drivers:
- May drive a maximum of 11 hours after ten consecutive hours off duty.
- May not drive more than14 consecutive hours after ten consecutive hours off duty.
- May not drive after 60 to 70 hours on duty over seven or eight consecutive days.
What Percentage of Accidents Are Caused by Semi-Trucks?
There were approximately 7,242,000 nonfatal crashes on America’s roadways in 2016, according to the FMCSA. A reported 537,000 (7.4 percent) of these accidents involved at least one large truck, including semi-trucks. Semi-trucks were also involved in 4,079 fatal crashes or more than 11 percent of all motor vehicle deaths.
You are more likely to suffer significant injuries as a motorist rather than the truck driver or any passengers in the truck’s cab. This risk increases depending on the size and safety features of your car, where your vehicle was struck, and the speed of both vehicles.
Semi-Truck Accidents Cause Serious Injuries with Lifelong Impact
In our experience as truck accident lawyers, these accidents can cause catastrophic injuries, including:
- Traumatic brain injuries that leave victims with cognitive and physical impairments, often for the rest of their lives.
- Spinal cord injuries that leave victims paralyzed.
- Loss of bodily function or system that requires constant medical care.
- Amputation because of severe damage to legs, arms, hands, or feet.
- Disfigurement from necessary surgeries, burns, or deep lacerations.
The medical and lifecare costs from truck accident injuries could bankrupt you and your family. Please call our firm today for a free, no-obligation case review: 800-630-9229.
Is It Worth Hiring a Truck Accident Lawyer?
Our lawyers work to recover fair compensation for you on a contingency basis. We are paid from a portion of the damages we recover for you, so you pay nothing upfront.
There are other several benefits to hiring a truck accident lawyer, including:
- Identify all liable parties.
- Secure evidence, testimony, and documentation to establish liability.
- Valuate your damages for your physical and emotional injuries.
- Protect your rights as your legal advocate in settlement negotiations and in court, if necessary.
- Allow you to focus on your health and recovery.
You do not need the added stress of dealing with an insurance adjuster or the other party’s attorney when you are injured.
We Are a Nationwide Law Firm
Ben Crump Law, PLLC has offices in several cities, but more importantly, we have lawyers who can help you even if you do not live near our office. We know that the aftermath of a truck accident is highly emotional and stressful.
Should I Hire a Truck Accident Lawyer for a Minor Accident?
If you are injured and have economic and emotional losses, you can consider hiring a truck accident lawyer with Ben Crump Law, PLLC.
Whether you refer to them as a semi-truck, 18-wheeler, tractor-trailer truck, or just big rig truck, these massive vehicles can weigh as much as 80,000 pounds. By comparison, the average passenger sedan weighs about 4,000 pounds. You do not have to be an engineer to see that the difference in mass creates an accident with devastating consequences.
We Take Care of Filing and Managing Your Claim
Depending on where you live, you may have to file a claim with your own auto insurance before you can pursue additional damages from the liable party. A lawyer can help you through this process with services that include:
- Review your policy and help you recover the benefits you may be entitled to receive.
- Compile all documentation and bills to include with your claim.
- Obtain medical records and information about your injuries.
We invite you to call Ben Crump Law, PLLC to see how we may be able to help.
What Is the Average Settlement for a Truck Accident?
There is no average settlement for a truck accident because there are different contributing factors that affect compensation.
These factors include:
- Severity and extent of your injuries
- Temporary or permanent disability
- Loss of bodily system or function
- State negligence laws
- Insurance coverage and policy
- Value of your damages
- Circumstances of the personal injury
A truck accident lawyer with Ben Crump Law, PLLC will make a thorough review of your injuries, damages, and prognosis. While we cannot erase the trauma of this event, we can diligently pursue compensation and justice of those who caused your physical and emotional pain.
Some states allow you to recover compensation even if you contributed to the accident, provided that your role was significantly less than the other party; however, your financial award may be reduced. Each state has different negligent and liability laws, so it is best to talk to a lawyer who can help you understand your rights and options.
Several Defendants and Insurance Polices
Trucks have specialized insurance that is often greater in value than regular auto insurance. There could be two or more defendants and insurance companies. A lawyer with Ben Crump Law, PLLC can negotiate on your behalf for the best possible settlement. For a free case review, call 800-630-9229.
What Damages Can I Collect for a Truck Accident?
There are several types of damages that you could collect after a truck accident, including:
- General damages are also called noneconomic damages and include pain and suffering, mental anguish, and loss of consortium.
- Special damages are specific, tangible losses, such as a hospital bill or the cost of physical therapy.
- Punitive damages are for truck accidents that involve malice, intent, or gross negligence.
A truck accident lawyer with Ben Crump Law, PLLC can seek compensation to cover your monetary loss and emotional trauma.
Damages for Truck Accidents
Some awarded damages for a truck accident can include:
- Medical treatment including ambulance, emergency room care, hospitalization, surgery, medical tests, and prescriptions
- Rehabilitation, therapy, counseling, and other follow-up care
- Lost wages
- Diminished earning capacity if your injuries will prevent you from working at the same level
- Property damage including temporary transportation
- Lifecare and domestic costs
- Pain and suffering
- Emotional trauma
- Loss of companionship or consortium
You may have additional or different damages. Our lawyers can also help if you lost a loved one in a truck accident and want to pursue wrongful death damages.
Can I Sue Someone Personally After a Truck Accident?
We understand your anger and frustration from being injured through no fault of your own. It is tempting to personally sue the person who directly caused your suffering. However, this may not be the best course of action for a few reasons:
- Independent contractor drivers typically have fewer assets from which you could collect compensation.
- Truck drivers who work for a trucking firm are likely covered by their employer’s large insurance policy for bodily injury and property damage.
- It may be impossible to find an individual to personally sue in some accidents, for example, if the accident was caused by a manufacturer defect.
Although it does happen, most compensation is recovered not by suing someone personally but by filing a claim with the at-fault party’s insurance.
Some truck drivers work for trucking companies. These firms can be held accountable for the conduct of a subordinate, employee, or associate through vicarious liability. This type of liability includes Respondeat Superior, which holds an employer legally responsible.
Vicarious liability laws allow you to hold all involved parties accountable for your injuries and damages, even those who were not physically behind the wheel at the time of the accident.
Will My Truck Accident Lawyer Deal with the Insurance Companies for Me?
It is your right to have a lawyer communicate with the insurance company on your behalf. A truck accident lawyer with Ben Crump Law, PLLC can also deal with your own insurance company. A lawyer can explain those confusing legal terms and the fine print so that you understand exactly what benefits you could receive.
Insurance companies know that you are vulnerable after an accident, especially if you suffered extensive injuries and property damage. They also count on the fact that most people are not familiar with liability and negligence laws. A lawyer who handles truck accidents has a deep knowledge of this branch of law and can protect your rights.
What You Should Do if the Insurance Company Contacts You
If the insurance company contacts you before you talk to a lawyer, here are some recommended actions from USA Today:
- Avoid saying “sorry” because this can imply fault.
- Do not let the adjuster record the conversation–you could inadvertently say something that can be used against you later.
- It is normal if you cannot remember details, but do not guess or invent them.
Our lawyers may advise clients to give written statements to the insurance company.
How Long Does a Truck Accident Claim Take to Settle?
If you know anything about insurance companies, you know that there can be piles of paperwork and many back-and-forth conversations before a claim may be settled. It may take several weeks, a few months, and, in some cases, longer before your truck accident claim is settled.
Our lawyers and staff will do all they can to streamline this process, but it is also up to the insurance company to do their part to be responsive and cooperative.
Insurance Companies Prefer to Settle Cheap
There are three things that can happen after you or your lawyer submits a claim to the insurance company:
- Accept your claim and pay the full amount of damages.
- Deny your claim.
- Counter your claim with an offer.
An insurance company may not immediately and unconditionally pay claims, especially when they involve significant injury and expense. A truck accident lawyer can calmly and objectively negotiate for you. For a free consultation for your accident injuries and damages, call Ben Crump Law PLLC today at 800-630-9229.
Do You Have to Go to Court for a Truck Accident?
You may have the right to go to court, but you may not need to file a lawsuit. There are benefits to the trucking company, truck driver, and other liable parties for reaching a settlement outside of a courtroom:
- They do not have to admit liability or wrongdoing.
- They avoid the publicity of a trial.
- They can keep the details of the settlement private.
Many personal injury lawsuits are filed if one or both parties cannot agree to a settlement.
Why You May Prefer a Settlement
There are reasons why you may want to settle without going to court, including:
- Court trials can take months or even years to resolve, which delays closure for you and your loved ones.
- While juries may award you more than what you are asking, they may not, which could make going to court an “all or nothing” venture.
- Details of the accident will be in the public record, including any personal or potentially embarrassing details for you or your family.
Ben Crump Law, PLLC can do what is best for you and your family in your particular situation.
What Happens if the At-Fault Party Doesn’t Have Truck Insurance?
The FMCSA requires that trucking companies and truck drivers carry public liability insurance for bodily injury and property damage. This insurance is meant to cover your medical bills and other expenses for a truck accident that was not your fault.
However, if the at-fault party does not have truck insurance, collecting damages is more challenging.
Likely Parties Who Have Insurance
A truck accident lawyer with Ben Crump Law, PLLC can look for other entities that may have insurance resources for your injuries and losses, including:
- The motor carrier that employed or contracted the truck driver must have insurance as part of their operating authority under FMSCA guidelines.
- The shipper is responsible for checking to make sure that the motor carrier (and often the truck driver) is insured, or they may be held liable for accidents that occur when their goods are shipped.
- The maintenance party can be held liable for mistakes or omissions made during safety, maintenance, and repairs if they contributed to the accident.
- The manufacturer or parts distributor is obligated to safety and performance standards and can be held accountable for defective or dangerous products.
- Other motorists can be held accountable, especially in a multiple vehicle accident.
A lawyer can explore these options for potential compensation.
Who Can Be Sued in a Truck Accident Case?
It is important to determine every person and entity who played a role in your injuries, whether directly or vicariously.
There are several potential parties who can be sued, including:
- The truck’s owner or owners.
- The freight owner or shipper whose goods are being transported.
- The truck driver who may be an employee or contractor of a trucking company.
- The truck company can be vicariously liable for any accidents caused by its employees, contractors, or agents while they are acting within the scope of their employment.
- The parent company if the trucking firm is part of a larger corporate entity.
- The manufacturer of the truck, cab, trailer, or any vehicle part can be held liable for accidents resulting from defective designs or products.
- The maintenance company responsible for maintenance and repairs.
- The safety inspector or third-party who is responsible for maintaining weight, cargo, and other equipment standards.
- Other drivers if another driver was responsible for the chain of events that caused the accident and your injuries.
Ben Crump Law, PLLC has the staff, resources, and determination to leave no stone unturned in our pursuit of compensation and justice.
What Should I Do in the Days Following a Truck Accident?
Your focus should be on your health and well-being after a truck accident, which may include:
- Physical therapy
- Occupational therapy
- Mental health counseling
- Prescription medicine
You should also know that insurance companies question the validity of your claim if you fail to follow your doctor’s advice. You could jeopardize your chances of getting compensation.
We Suggest the Following After a Truck Accident
Your lawyer with Ben Crump Law, PLLC will also advise that you follow his or her guidance, just as you would your doctor or healthcare provider.
- Keep all receipts, bills, and proof of expenses related to the accident.
- Have your insurance policy available for your attorney to review.
- Discuss your case only with your attorney, because your communication is protected by attorney-client privilege.
- Avoid posting photos or comments about the accident on social media, since this could harm your case.
- Politely refer all questions and calls from the insurance company to your lawyer.
A truck accident lawyer will keep you updated on your case’s progress. We want you to feel comfortable and confident with your legal representation. To learn more about how our law firm may be able to help you, call 800-630-9229.
What Should I Do at the Scene of a Truck Accident?
No matter who caused the accident, all drivers must stay at the scene to call for assistance and exchange insurance information. If you were injured in a truck accident and the driver fled, do not try to follow. The Insurance Information Institute (III) also suggests that you avoid conversations about who is at fault if the accident was caused by road rage.
After a truck accident, you are advised to:
- Drive your vehicle out of traffic onto the side of the road and turn on your hazard lights.
- If your car is undrivable, get all occupants out of the vehicle and to a safe place.
- Check yourself and others for injuries.
- Call for help using your phone or your car’s emergency communication.
- Get as much information at the accident scene as possible, including names and contact information for everyone involved, including witnesses.
- Take pictures of your vehicle and the accident scene, if possible.
- Use your cell phone to take pictures of the other party’s insurance card and registration.
As soon as you have received medical care, you can call a truck accident lawyer. It is important to take immediate action if our lawyers need to collect evidence.
What Percentage Do Truck Accident Lawyers Take?
Some law firms charge more, but the average percentage for truck accident lawyers is around 33 percent. A truck accident lawyer with our firm will make sure that you understand everything about our services and percentage arrangement before you become our client.
We cannot speak for other firms, but Ben Crump Law, PLLC does not charge attorney fees unless and until we successfully recover compensation for you and your loved ones. We offer free case reviews at your hotel, the hospital, or by phone if you cannot travel to our offices or if it is simply more convenient for a team member to come to you.
Understanding Contingency Legal Representation
Some people hesitate to call a lawyer because they fear they cannot afford it. Instead, these accident victims try to take on insurance companies or large trucking firms on their own. This can make it difficult to focus on healing from their injuries and spending time with their families.
As our client, you:
- Receive a free, no-obligation case review.
- Pay nothing upfront.
- Pay no retainer fees.
- Have a lawyer protecting your rights from start to resolution.
Our lawyers are motivated to recover compensation for you.
What Lawyer Deals with Truck Accidents?
Truck accidents that result in injuries and damages are best handled by a personal injury lawyer, rather than a lawyer who handles other types of cases. After all, you would not go to a podiatrist for an eye injury, nor would you go to an ophthalmologist for a foot injury.
A truck accident lawyer with our firm can help you after such collisions as:
- Rear-end collision
- Head-on collision
- Broadside or “T-bone” accident
- Reckless driving accidents
- Hit and run accidents
- Accidents caused by cargo spilling on the roadway
Ben Crump Law, PLLC is a nationwide law firm with a team of lawyers, paralegals, and other professionals. We understand the complex processes of a truck accident and have helped other clients in similar situations as yours.
What Truck Accident Lawyers Do for You
Some injuries after a truck accident are life-threatening or they have a lengthy recovery period. If this happened to you or a loved one, a lawyer relieves you of such necessary tasks as:
- Securing evidence of liability.
- Valuating damages.
- Filing an insurance claim.
- Negotiating for a fair settlement.
This allows you to focus on your health and your loved ones.
What Can I Do to Protect My Rights After a Truck Accident?
You have the right to hire a truck accident lawyer to protect your rights and help you recover damages from the liable party. A lawyer with a deep understanding of personal injury law can handle your case for you and your loved ones.
A lawyer can help with filing and managing insurance claims. Some victims choose legal representation from the very beginning of the processes, starting with an insurance claim, so that they do not have to speak with the insurance companies on their own.
After seeking a fair settlement with an insurer, a lawyer can then take your case to trial if necessary, by filing a personal injury lawsuit. In the tragic event that your loved one died in the truck accident, you can still seek a lawyer to help you file a wrongful death lawsuit on your loved one’s behalf.
When you hire legal representation, you can focus solely on your recovery. Your injuries may require you to rest and endure physical therapy. You can have the peace of mind that your lawyer is handling your legal case while you prioritize your physical recovery.
How Much Will It Cost to Hire a Truck Accident Lawyer?
If you or a loved one was injured in a truck accident and are now facing damages such as medical bills, you are wise to consider hiring a lawyer to help you recover compensation. It will cost you nothing to hire a truck accident lawyer with Ben Crump Law, PLLC.
Our lawyers work on a contingency basis. This is sometimes known as “no recovery, no fee” because we are not paid unless and until we successfully recover compensation for you and your family.
You Should Consider Your Costs in Time and Energy
You pay nothing upfront when you hire a lawyer with our firm, so there is no financial burden on you and your family.
You may wish to consider, however, what a truck accident could cost you if you do not hire a lawyer:
- Countless hours away from your family while you pour through legal statutes to understand your state’s liability and negligence laws.
- Stressful conversations and emails with the insurance adjuster, and the potential to inadvertently jeopardize your claim.
- Potentially harming your health while you are unwell or recovering from your injuries.
You deserve to rest and focus on your healing after a truck accident. Please call Ben Crump Law, PLLC today for a free case review: 800-630-9229.
How Much Should You Settle for After a Truck Accident?
A truck accident settlement should cover your damages for such expenses as:
- Medical care (past, current, and future)
- Lost pay
- Diminished earning ability if applicable
- Property loss or damage
- Domestic or lifecare services
- Pain and suffering
- Mental anguish
- Loss of consortium
- Wrongful death
A truck accident lawyer can evaluate your damages and negotiate a settlement with the insurance company on your behalf.
Factors That Could Affect a Settlement
In our experience, there are several factors that contribute to how much your settlement could be. Please know that it is our goal at Ben Crump Law, PLLC to pursue the maximum award possible for your injuries and damages.
Your settlement could be affected by:
- Your state’s insurance, liability, and negligence laws
- Your injuries
- Your economic and emotional damages
- Circumstances surrounding the accident (for example, if it was caused by gross negligence)
- If the accident caused a loss of life for a family member
- Your contributing role in the accident, if any
There are many elements to consider in an insurance settlement negotiation. A lawyer with our firm has your best interest in mind.
How Much Is a Rear-End Truck Accident Worth?
A rear-end accident that involves an 80,000-pound truck will likely have more serious consequences than other types of motor vehicle accidents. Even the height difference between a passenger car and a large truck can mean more serious injuries and property damage.
One of the most convenient ways for you to find out how much a rear-end collision is worth is to talk to a truck accident lawyer with Ben Crump Law, PLLC. You have only one chance to seek compensation and a lawyer can help navigate you through this complex process.
How a Lawyer Might Valuate Your Damages
A rear-end accident involving a truck could result in two types of damages. The first kind is economic damages. These are specific items like medical bills, lost pay, and other tangible expenses. You probably also have noneconomic damages. These include pain and suffering, mental anguish, and loss of consortium.
A few points to remember about how much a rear-end accident could be worth:
- Insurance companies consider the severity and extent of your injuries.
- Juries have the flexibility to award you more than what you request, but also less.
There are many facets to a trucking accident and seeking representation may be right for your situation.
How Much do Lawyers Charge for Truck Accident Claims?
You do not need any money to hire a truck accident lawyer with Ben Crump Law, PLLC. Our legal team works on a contingency basis. We are paid if we successfully recover compensation on your behalf. Our payment is an agreed-upon percentage of the total amount in damages that we recover.
As our valued client, you:
- Do not pay upfront fees
- Do not pay on an hourly or daily basis
- Do not pay out-of-pocket costs
A member of our team can review your case at no cost or obligation. You may even call us for an evaluation if you have started working with another lawyer but are dissatisfied.
Our Lawyers Have a Vested Interest in Helping You Win
Our lawyers do not have a standard charge for helping you after a truck accident. Instead, we work to successfully recover damages from all liable parties. While you are not obligated to hire a lawyer to pursue compensation, liability and negligence laws are complex. You could find yourself with more questions than answers, and inadvertently jeopardize your opportunity for compensation.
A lawyer who accepts truck accident cases can guide you through this legal process with a minimum of stress on your part.
How Long Do I Have to File a Lawsuit After a Truck Accident?
Each state has a deadline that limits the time you may have to file a lawsuit after a truck accident or other type of personal injury. This is called a statute of limitations, and these deadlines vary depending on where you live and the type of claim you are filing.
A statute of limitations begins:
- From the date of the injury
- From the date the injury was discovered
- From the date which the injury would be discovered with reasonable efforts
You usually cannot file a lawsuit after this time runs out, unless the court makes an exception for your situation.
Each State Has a Different Statute of Limitations
As a nationwide law firm, Ben Crump Law, PLLC has truck accident lawyers who are familiar with a client’s state laws, including the statute of limitations on a personal injury lawsuit. Each state is different, as the following example shows:
- California has a two-year statute of limitations on personal injury lawsuits per CIV § 335.1.
- Florida law allows four years from the date of injury, under Florida Statutes § 95.11.
- Maryland has a three-year statute of limitations on personal injury lawsuits, according to Maryland Courts and Judicial Proceedings § 5–101.
Can You Sue for a Rear-End Truck Collision?
If you were injured in a rear-end truck collision that was not your fault, you could sue the liable parties for your economic and emotional losses.
However, you may not have to go to court to recover awards. Truck accidents may involve large and powerful trucking companies, shippers, and other third-parties. These entities may wish to avoid the publicity of a trial in favor of a settlement. You might also want to settle the matter without the emotional and financial cost of going to court.
Suing May Be Affected By Your State’s Laws
There are other factors to be considered before you sue for a rear-end truck collision, such as:
- If you live in a “no-fault” insurance state, where you collect damages first from your own automobile and personal injury protection (PIP) insurance.
- If you contributed in some way to the accident.
- If your injuries meet the criteria to file a lawsuit according to your state’s insurance, comparative negligence, and liability laws.
It is understandable that in the emotionally charged aftermath of a truck accident that your first instinct is to file a lawsuit. However, it may not be necessary for you to sue to collect damages.
When Should You Get a Lawyer for a Truck Accident?
Your first action after a truck accident is to get medical care; however, we advise that you call a lawyer as soon as possible after your injuries are treated.
There are a few reasons why timeliness matters when it comes to legal action after a truck accident:
- You must file a lawsuit within your state’s statute of limitations, depending on the type of claim (personal injury, wrongful death, etc.).
- Evidence may erode, be repaired, or removed, making it more difficult to prove liability.
- Witness accounts are more accurate when interviewed immediately after the accident.
- While insurance claims may not have a deadline, some insurance adjusters question the validity of your claim when it is delayed.
- You may not be able to work, and this lack of income, combined with medical bills, is extremely stressful.
- If the other side will not negotiate in good faith, a lawyer needs time to prepare a case for trial.
- It may take several months before the court has an opening for your case.
A truck accident lawyer with Ben Crump Law, PLLC can begin to gather evidence, file a claim, and protect your rights from the moment you become a client. For a free case review, call 800-630-9229.
How Do I Find a Good Truck Accident Lawyer?
You may have made the decision to hire a truck accident lawyer to help you recover compensation for your medical bills, lost pay, emotional trauma, and other damages; however, you may not know how to find a good truck accident lawyer.
Hiring a lawyer is a serious decision because you have only one chance to recover damages for your injuries. You also want to feel comfortable and confident because you could be discussing personal details. A truck accident lawyer with Ben Crump Law, PLLC can handle your case. Your conversations with your attorney are privileged information and are not to be shared.
Suggestions on Finding a Good Truck Accident Lawyer
This may be the first time you have hired a lawyer, and it may feel overwhelming. You may find the following suggestions helpful as you make this important decision:
- Ask friends and family if they recommend a lawyer.
- Research law firms online.
- Take advantage of a free initial consultation.
Most importantly, trust your instinct.
What Does a Truck Accident Lawyer Do?
An attorney with Ben Crump Law, PLLC performs many valuable services after a truck accident. This allows you to focus on recovering from your injuries or taking care of an injured loved one.
A truck accident lawyer can:
- Examine the cause of the accident using evidence such as police reports, videos or photos, data from the truck’s onboard electronic information system (informally known as the “black box”), witness statements, and more.
- Gather necessary documents to prove loss, such as your medical records, bills, and pay stubs.
- Identify all potentially liable parties and insurance carriers.
- File a detailed insurance claim on your behalf.
- Negotiate for an acceptable settlement.
- Prepare your case for trial if necessary and argue your case before the court.
You should not have to deal with an insurance adjuster while you are recovering from truck accident injuries. A lawyer lifts this burden from you.
A Lawyer Gives You Peace of Mind
You should know that the at-fault party’s insurance company or lawyer may try to deny responsibility for your injuries and damages. An attorney with Ben Crump Law, PLLC can protect and preserve your rights. You pay nothing upfront, and our lawyers work on a contingency basis only.
What to Do After a Truck Accident
You did not choose to be in a truck accident but after a collision has occurred, there are several steps you may take to protect your health and your legal rights:
- Consider seeking a medical checkup for injuries, which are more likely to occur after a truck accident.
- Keep any and all medical records and police reports.
- Call the insurance companies to report the accident and file a claim.
- Consider legal representation for your claim or lawsuit.
The moments after a truck accident are highly emotional. This is not the best time to discuss guilt or assign blame. You should focus on your health and safety, and after you have medical attention, call a truck accident lawyer at 800-630-9229.
How Truck Accidents Are Different Than Car Accidents?
Trucks are usually the largest, heaviest, and longest vehicles on the road. When it comes to a collision between a typical sedan and a large truck, the driver and passengers in the sedan are more likely to be injured or killed.
This size discrepancy contributes to several differences in truck accidents from car accidents, according to the Information Institute of Highway Safety (IIHS):
- Trucks have a higher ground clearance, which makes smaller vehicles ride under trucks in an accident.
- Eighty-two percent of truck accident fatalities were motorists, passengers, occupants of other cars, pedestrians, motorcyclists, and bicyclists.
- Rollover accidents – when a vehicle flips over and rolls at least once – are more common in accidents between a truck and a standard car.
Truck accident victims may suffer more extensive and serious injuries.
Injuries After a Truck Accident
When you consider that a fully loaded commercial truck is 20 to 30 times heavier than a passenger car; you should know that injuries can be significant, and might include:
- Traumatic brain injuries
- Broken, crushed, or fractured bones
- Internal bleeding
- Soft tissue damage
- Spinal cord and neck injuries
Is the Truck Driver or Trucking Company Responsible in a Truck Accident?
It is possible that there are several at-fault parties in a truck accident. A truck accident lawyer with Ben Crump Law, PLLC can identify these liable parties as part of our pursuit for compensation and justice.
Although a careless truck driver who caused the accident should be held responsible, realistically this is not an adequate source of potential compensation. However, the law may hold the truck driver’s employer accountable through vicarious liability.
Some of the accident cases that we have handled had several defendants, including:
- The truck’s owner or owners if different entities own the truck and the trailer.
- The freight owner whose goods are being shipped.
- The truck driver.
- The truck company for accidents caused by its employees, contractors, or agents.
- The truck manufacturer for accidents caused by defective parts or products.
- The maintenance company can be held liable for faulty repairs.
- The safety inspector or weigh-station operator who may have overlooked excess cargo and other safety violations.
- Other vehicles involved in the accident who may have contributed to your injuries.
You have suffered physical and emotional injuries. It is our belief that you should not have to suffer financially for another party’s reckless act or negligence.
Types of Truck Accidents
Ben Crump Law, PLLC accepts all types of truck accident cases, including:
- Head-on collisions
- Rear-end collisions
- T-bone accidents (when a truck hits a car perpendicularly)
- Jackknife accidents
- Spilled cargo accidents
- Defective manufacturer parts
- Drunk driving or driving under the influence
- Distracted driving accidents
- Drowsy driving accidents, including falling asleep at the wheel
- Underride accidents
- Tire blowouts
- Turning or lane change accidents
- Speeding over posted speed limits or for road, weather, and traffic conditions
- Failure to yield
- Road rage or aggressive driving accidents
- Hit and run accidents
- Intersection accidents
You can call Ben Crump Law, PLLC after any type of truck accident that harms you physically and emotionally. We can also help if you lost a loved one in a truck accident.
Other Vehicle and Truck Accidents
Our firm handles cases involving trucks and cars, but we also accept collisions between trucks and other vehicles, including:
- Uber and Lyft vehicles
If another party’s reckless actions injured you or a family member, it is your right to pursue compensation. You do not have to take this journey alone. A truck accident lawyer with our firm can handle your case, whether you plan to file an insurance claim or pursue a lawsuit.
How Negligence Is Established in a Truck Accident
Accidents are often caused by a driver’s negligence. Driver fatigue (including falling asleep at the wheel) is the second leading cause of fatal truck accidents, according to the FMCSA.
Other forms of negligence include:
- Improper truck driver training
- Overloading or poorly packed cargo
- Past driving or other regulatory violations
- Driving beyond the federal guidelines
- Driving while intoxicated
- Driving too fast for road conditions, weather, or traffic
- Poor manufacturing or design
- Insufficient supervision
Truck drivers operate massive vehicles and they are obligated to follow all state and federal guidelines.
Elements in Proving Negligence
Sometimes, a careless driver will not admit to causing the accident. That is when you may call a truck accident lawyer who can determine liability.
There are certain elements when proving liability in a truck accident:
- Establish that the driver owed you a duty of care to take reasonable measures to avoid the accident.
- Determine that the driver breached this duty of care.
- Show negligence caused the accident and your injuries.
- Prove that you have damages from these injuries.
You have rights after a truck accident, and an attorney with Ben Crump Law, PLLC can protect and exercise these rights on your behalf.
If You Were Injured in a Truck Accident, Please Call Us
Truck accidents tend to be more complex than other types of traffic accidents. They typically have more than one liable party and injuries tend to be more severe. Some people do not have the time, energy, or background to fully protect and exert their rights, especially when faced with health complications from their injuries.
You have the right to call a lawyer who can help you and your family. A truck accident lawyer with Ben Crump Law, PLLC can work to seek awards for your losses, and you pay nothing upfront for legal representation.
If someone’s negligent behavior injured you or a family member in a truck accident, a lawyer with our award-winning firm can protect your rights. We are dedicated to fighting for justice and to hold negligent parties accountable.
Call for a free case review today at 800-630-9229.