Semi-truck accidents can have devastating consequences for the victims and their families. They can cause severe injuries, death, and property damage that can affect the quality of life of the survivors. Those who suffer from a semi-truck accident may have the right to seek compensation for their losses.
However, pursuing a semi-truck accident claim is not a simple matter. You will have to face many legal obstacles and deal with multiple parties who may try to deny or reduce your claim.
This article will provide you with some tips and guidance on how to prove liability and seek compensation after a semi-truck accident in the US. This includes hiring a car accident lawyer or contacting the police. At the end, we will also explain the common causes of semi-truck accidents.
5 Tips to Prove Liability and Seek Compensation
Proving liability and seeking compensation after a semi-truck accident in the US can be a daunting task, but it is not impossible. Here are some practical tips and guidance to help you with your case.
Gather Evidence
Evidence is crucial to prove liability and support your compensation claim. Evidence can include photos and videos of the accident scene, the vehicles involved, the road conditions, the weather, the traffic signs and signals, and your injuries.
Evidence can also include witness statements, police reports, medical records, bills, receipts, and any other documents related to the accident and your damages. Remember, filing a car accident claim relies heavily on the strength of the evidence you present to establish fault and quantify your losses.
Identify the Liable Parties
A semi-truck accident can involve multiple parties who may share responsibility for the crash. These parties can include the truck driver, the truck owner, the trucking company, the cargo owner, the cargo loader, the truck manufacturer, the truck maintenance provider, and any other third parties who contributed to the accident.
You will need to determine who was negligent or at fault for the accident and how their actions or inactions caused or contributed to your injuries and losses.
Determine the Cause of the Accident
The cause of the accident can help you establish liability and negligence. Some common causes of semi-truck accidents are driver fatigue, distraction, impairment, speeding, reckless driving, improper loading, mechanical failure, or violations of federal and state regulations.
You will need to investigate the accident and find out what factors led to the collision and how they could have been prevented or avoided.
Deal with Insurance Companies and Lawyers
After a semi-truck accident, you will likely face insurance companies and lawyers who represent the interests of the liable parties. They may try to deny, delay, or reduce your claim, or even blame you for the accident.
You will need to be careful about what you say and do, and avoid signing any documents or accepting any offers without consulting a lawyer. You will also need to file your claim within the statute of limitations, which is the time limit for bringing a legal action. The statute of limitations varies by state, but it is usually between two and four years from the date of the accident. In the midst of dealing with these complexities, having a car accident lawyer for your injuries can provide valuable guidance and support.
Hire a Semi-Truck Accident Lawyer
A semi-truck accident lawyer is a legal professional who specializes in handling cases involving semi-truck accidents. A semi-truck accident lawyer can help you with all the aspects of your case, such as gathering evidence, identifying liable parties, determining the cause of the accident, dealing with insurance companies and lawyers, negotiating a fair settlement, and taking your case to trial if necessary.
According to Jonathan Rosenfeld, Founder & Attorney at Rosenfeld Injury Lawyers LLC, “A semi-truck accident lawyer can also help you calculate the full extent of your damages, which can include medical expenses, lost income, pain and suffering, emotional distress, property damage, and more. Also, represent you on a contingency basis, which means that you only pay a fee if you win your case.”
Remember, every case is different and requires a personalized approach. So, it is best to consult a semi-truck accident lawyer as soon as possible after the accident to protect your rights and interests.
Now, let’s talk about the causes of semi-truck accidents.
3 Common Causes of Semi-Truck Accidents
There are many factors that can contribute to semi-truck accidents, and they can be classified into three broad categories — driver-related, vehicle-related, and environmental-related.
So, let’s discuss each cause.
Driver-Related Causes
Driver-related causes are those that involve the actions or behaviors of the truck driver or the driver of another vehicle involved in the crash. These are some of the most common and preventable causes of semi-truck accidents, as they are often related to human error, negligence, or recklessness. Some of the driver-related causes of semi-truck accidents are.
Fatigue
Truck drivers are often under pressure to work long hours and meet tight deadlines, which can lead to fatigue and drowsiness. Although the law requires truck drivers to take a certain amount of rest and limit their driving hours, some drivers may ignore or falsify these regulations. Fatigue can impair a driver’s alertness, reaction time, judgment, and decision-making — increasing the risk of a crash.
Distraction
Truck drivers can be distracted by various sources, such as cell phones, radios, navigation systems, eating, drinking, or looking at something outside the vehicle. Distraction can divert a driver’s attention from the road and traffic conditions — causing them to miss important cues or signals, or fail to react in time to avoid a collision.
Impairment
Truck drivers can be impaired by alcohol, drugs, or medications, which can affect their vision, coordination, concentration, and reflexes. Impairment can also alter a driver’s mood, attitude, and risk perception, making them more prone to aggressive or reckless driving.
Driving under the influence of alcohol or other substances is illegal and dangerous for any driver, but especially for truck drivers who hold commercial driver’s licenses and are subject to stricter standards of intoxication.
Speeding
Truck drivers can speed for various reasons, such as trying to make up for lost time, following unrealistic schedules, or simply disregarding the speed limits. Speeding can reduce a driver’s ability to control the vehicle, especially on curves, turns, or slippery roads.
Speeding can also increase the stopping distance and the impact force of a crash — making it more likely to cause serious injuries or fatalities.
Following Too Closely
Truck drivers can follow too closely to the vehicle in front of them, either intentionally or unintentionally, due to traffic congestion, road rage, or inattention. Following too closely can reduce a driver’s visibility of the road ahead, as well as the reaction time and braking distance needed to avoid a rear-end collision.
Improper Lane Change or Merge
Truck drivers can make improper lane changes or merges, either due to lack of signal, blind spot, or misjudgment of the speed or distance of other vehicles. Improper lane changes or merges can result in sideswipe or angle collisions, or force other drivers to swerve or brake abruptly to avoid a crash.
Driver-related causes are not limited to truck drivers, as the drivers of other vehicles can also cause or contribute to semi-truck accidents by their actions or behaviors. Some of the driver-related causes of semi-truck accidents involving other vehicles are.
Driving in the truck’s blind spots
Trucks have large blind spots on the front, rear, and sides of the vehicle, where the truck driver cannot see other vehicles. Driving in the truck’s blind spots can increase the risk of a collision, especially when the truck is changing lanes, turning, or braking. Other drivers should avoid driving in the truck’s blind spots, or pass them quickly and safely if necessary.
Cutting off the truck
Other drivers can cut off the truck by merging improperly into traffic, forcing the truck to react quickly. This can be dangerous, as trucks have much longer stopping distances and slower reaction times than other vehicles. Cutting off the truck can cause the truck driver to brake hard, swerve, or lose control of the vehicle, leading to a crash. Other drivers should give trucks enough space and time when merging or changing lanes in front of them.
Tailgating the truck
Other drivers can tailgate the truck by following too closely behind it, either intentionally or unintentionally, due to impatience, road rage, or inattention. Tailgating the truck can reduce the other driver’s visibility of the road ahead, as well as the reaction time and braking distance needed to avoid a rear-end collision.
Tailgating the truck can also prevent the other driver from seeing the truck’s brake lights or turn signals — making it harder to anticipate the truck’s movements. So, keep a safe distance from the truck, at least four seconds of the following time, or more in bad weather or traffic conditions.
Pulling into traffic in front of the truck
Many drivers pull into traffic in front of the truck without speeding up sufficiently, either from a side road, a parking lot, or an exit ramp. This can create a dangerous situation, as the truck driver may not have enough time or space to slow down or avoid the other vehicle. So, other drivers should pull into traffic in front of the truck only when there is enough gap and speed to do so safely or wait for the truck to pass before entering the traffic flow.
Vehicle-Related Causes
Vehicle-related causes are those that involve the condition or performance of the truck or the other vehicle involved in the crash. These are some of the less common but still significant causes of semi-truck accidents, as they are often related to mechanical failure, maintenance issues, or design defects. Some of the vehicle-related causes of semi-truck accidents are.
Brake Failure
Brake failure can occur when the brakes of the truck or the other vehicle malfunction, wear out, overheat, or fail to adjust properly. Brake failure can prevent the driver from slowing down, stopping, or steering the vehicle, increasing the risk of a crash. Brake failure can be caused by various factors, such as poor maintenance, defective parts, improper loading, or driver error.
Tire Blowout
Tire blowout is the most common cause. It can occur when the tires of the truck or the other vehicle burst, deflate, or separate from the rim. A tire blowout can cause the driver to lose control of the vehicle, swerve, or skid, leading to a crash. Tire blowouts can be caused by various factors, such as overloading, underinflation, overinflation, punctures, or defects.
Cargo Shift
Cargo shift can occur when the load of the truck or the other vehicle shifts, spills, or falls off during transit. Cargo shift can affect the balance, stability, and maneuverability of the vehicle, causing the driver to lose control, roll over, or jackknife. Cargo shifts can be caused by various factors, such as improper loading, insecure fastening, uneven weight distribution, or sudden braking or turning.
Steering Failure
Steering failure can occur when the steering system of the truck or the other vehicle fails, jams, or breaks. Steering failure can prevent the driver from directing the vehicle, causing the vehicle to drift, veer, or collide with other vehicles or objects. Steering failure can be caused by various factors, such as poor maintenance, defective parts, or driver error.
Environmental-Related Causes
Environmental-related causes are those that involve the external conditions or factors that affect the road, the traffic, or the weather. These are some of the least common but still possible causes of semi-truck accidents, as they are often related to natural phenomena, human activities, or unpredictable events. Some of the environmental-related causes of semi-truck accidents are.
Road condition
Road condition can refer to the physical state of the road, such as the surface, the slope, the curve, the width, the shoulder, or the median. Poor road conditions can create hazards or obstacles for the vehicle, such as potholes, cracks, bumps, debris, or water. Poor road conditions can also affect the traction, friction, or stability of the vehicle — making it harder for the driver to control, steer, or brake the vehicle. Poor road conditions can be caused by factors, such as weather, wear and tear, construction, or vandalism.
Road design
Road design can refer to the layout, structure, or features of the road, such as the intersections, the signals, the signs, the markings, the barriers, or the lighting. Poor road design can create confusion, distraction, or conflict for the driver, such as unclear directions, missing information, or inadequate warnings.
Poor road design can also affect the flow, speed, or density of the traffic, making it harder for the driver to navigate, merge, or change lanes. Poor road design can be caused by various factors, such as planning, engineering, or budgeting.
Summary
Semi-truck accidents are serious and complex events that can cause severe injuries and damage to the victims. If you have been involved in a semi-truck accident, you may be eligible for compensation from the liable parties.
However, you will need to prove liability and seek compensation with the help of evidence, legal knowledge, and professional assistance. So, it is best to contact a semi-truck accident lawyer as soon as possible after the accident to protect your rights and interests. A semi-truck accident lawyer can help you with every step of your case and ensure that you receive the justice and compensation that you deserve.