The force and impact of a truck collision are about 22 times greater than a passenger vehicle crash; hence, the consequences are usually more devastating. The aftermath could be spinal cord and traumatic brain injuries, paralysis, disfigurement, and ultimately, death.
Transitioning to life after a truck accident is a journey rather than a minor stumbling block for most people with long-term injuries. It can be an incredibly difficult time, further aggravated by the financial burden of it all.
A truck accident lawyer with Constant Legal Group can review your case and help you understand your options after a catastrophic injury and the route to possible compensation. There is hope after an accident, and we want to help you get the justice you deserve.
What Is a Catastrophic Injury?
Catastrophic injuries are typically unexpected, difficult, or impossible to recover from, and often require lengthy and intensive medical care and therapy. They can be temporary or permanent, resulting in long-term, debilitating symptoms that might take months or years to heal. Examples might include loss of limbs, paralysis, burns, disfigurement, or disabilities due to traumatic brain or spinal injuries.
Post-injury, catastrophic injury survivors might make significant changes, like customizing their homes to accommodate mobility limits or a permanent disability. They likely face extensive medical bills, ongoing testing and surgeries, higher insurance costs, lost wages, physical and emotional issues, and loss of enjoyment of activities and hobbies. An experienced truck accident lawyer can help secure the finances needed to help a truck accident victim return as close as possible to their pre-accident lifestyle.
What Are the Common Types of Catastrophic Truck Accident Injuries?
Catastrophic injuries are more common in truck accidents and often require extensive medical treatment, rehabilitation, and years of recovery if the victim survives. Some of the most common catastrophic truck accident injuries include:
Traumatic Brain Injuries (TBIs)
TBIs are a typical response to violent blows to the head or a jolt to the body. Traumatic brain injuries impact a person’s brain cells and can cause permanent brain damage, disabilities, or internal bleeding. The cost of caring for a TBI depends on the extent of the injury but can range from approximately $600,000 to $1.8 million.
Spinal Cord Injuries
An injury to the spinal cord from accident debris or sheer force of the collision can cause extreme pain and partial or complete body paralysis. A victim with paralysis may have to quit their job or change careers, use a wheelchair, or be bedridden for life.
Depending on the extent of motor function loss, the first year of care for spinal cord injuries is the most expensive and can cost $42,000 to $184,000 annually.
Internal Organ Damage
Organs can be squeezed in a truck accident, and passengers’ organs can bleed internally, or the lining of their organs can tear. Kidneys and the liver are most commonly injured in truck accidents, and the impact can be fatal.
Paralysis
Partial or full-body paralysis is a possibility if an accident or debris from an accident hits the upper spinal cord and the nerves can no longer reach or communicate with certain areas of the body. A victim could lose function in their hands, legs, or arms.
Severe Burns
Explosions and fires in accidents can result in second- and third-degree burns, which could cause lasting scars or require multiple skin grafts and surgeries.
Broken Bones or Loss of Limbs
Fractures, broken bones in various parts of the body, or loss of limbs can happen if a body gets compressed or stuck in place in an accident.
Disfigurement and Scarring
A serious accident can lead to scarring and disfigurement, often requiring multiple surgeries, care, and rehabilitation. A person can experience self-esteem issues and might need long-term counseling and therapy, among other treatments, to recover.
Truck Insurance and Injuries
Truck insurance policies are more expensive than traditional insurance, and payouts are usually larger. Insurance companies are often more hesitant to pay out claims. Insurers might rely on different strategies and ploys to give policyholders the run-around.
This is a good reason to retain the services of an experienced truck accident lawyer, as you could be on the hook for medical care and short- and long-term expenses you should not be responsible for.
How Truck Accidents Are Different from Car Accidents
Truck and car accidents are not created equal as trucks weigh more—usually 20 to 30 times more than passenger vehicles. Naturally, this impacts the degree of damage in collisions.
Most people do not realize that you typically need about 20 to 40% more distance between you and a truck than cars: It takes a truck driver much longer to stop such a large vehicle successfully. This is especially true with more dangerous highway conditions like wet, icy, and snowy roads.
Death or catastrophic injuries are likely in truck accidents. It has been shown that 13% of fatal crashes on the road include at least one truck. Additionally, if the person survives, they typically face years of medical care, rehabilitation, and support. At the same time, serious injuries also go hand-in-hand with other things that impact an individual’s life, like higher medical bills and job loss.
What Are the Leading Causes of Truck Accidents?
Truck, car, and motorcycle accidents have one thing in common: poor driving choices. Truck drivers fail others when they engage in the following:
- Fatigue or “sleeping” at the wheel: Truck drivers have extended hours, and it is easy for fatigue to set in on the road. It only takes one minute for a truck driver to take their eyes off the road for a serious accident to occur.
- Speeding: Speeding in a large and potentially dangerous vehicle can quickly lead to a multi-car pile-up, injuries, and death.
- Aggressive and reckless driving: Driving at high speeds during bad weather, failing to follow basic driving rules, ignoring traffic signals, sudden stops, or tailgating are habits that can quickly lead to unnecessary accidents.
- Distracted driving: Mobile phone usage, eating while driving, or playing with the radio are disruptions that take a driver’s attention off the road. As trucks need more time to stop, distracted driving is a quick way to harm others.
- Driving under the influence: Impaired driving puts others in danger as drugs, alcohol, or both can seriously delay a truck driver’s concentration, decrease vision, and slow reaction time. Impaired driving is highly unpredictable and leaves devastating results in its wake.
- Incorrectly loaded cargo: Truck drivers haul different types of freight. If items are not secured properly, they can spill on the road and leave debris behind, hit other cars, and result in multiple accidents and injuries. These incidents could have been prevented with a safety check.
Who May Be Responsible for My Truck Accident?
Truck accidents are rarely cut and dry regarding who is at fault; cases can be rather complex. Occasionally multiple parties are responsible for an accident. A seasoned truck accident lawyer uses this information to your advantage when pursuing civil damages.
For instance, potentially liable parties could include the truck driver, the truck company, the truck company’s owner, or the company leasing the truck. If any defective parts played a role in the accident, the truck manufacturer could be held liable as well.
The Driver and/or the Trucking Company
Truck companies must follow strict government regulations to ensure their drivers are not overtired and are not driving too long without breaks. They must also ensure cargo is safe and securely loaded, and properly maintain the trucks to help avoid any accidents or problems on the road. The opposite of this is negligence in truck accident cases, and it is up to a truck injury attorney to prove negligence on your behalf to win you any compensation.
For example, truck companies can be held liable if they hire an inexperienced driver who caused an accident or an attorney finds that the company failed to supervise their drivers or did not offer proper safety training that ultimately led to an accident. Trucking companies that force drivers to drive all night or day without breaks or operate in unsafe working conditions are also potential fodder for an injury attorney when building a case in your favor.
An experienced 18-wheeler accident lawyer might find multiple wrongdoings on the part of the truck company, manufacturer, and driver, among others. It is all part of identifying fault to maximize the damages available.
The Manufacturer
Sometimes truck manufacturers knowingly or unknowingly sell a truck with dangerous and defective parts. Unfortunately, truck operators and other drivers sometimes find this out the hard way. Truck manufacturers sometimes make mistakes and design errors, and almost any piece, part, or product on a truck can malfunction and cause serious accidents.
These parts could include:
- Brake defects that lead to failure or malfunction
- Tire defects that result in blowouts
- Defective hydraulic hoses, steering controls, or coupling devices
- Defective side or rear lighting and braking systems
- Transmission failure
Proper inspection and maintenance by the company and driver can help reduce equipment failure and issues on the road. Still, this cannot be achieved if a manufacturer cuts corners to save money, and ignores or fails to catch mistakes. A seasoned truck accident lawyer might be able to prove the trucking company or one of the many manufacturers involved (brakes, tires, trailer, lights, and more) is to blame.
What Lawyers Deal with Truck Accidents?
Personal injury lawyers seek compensation for victims of accidents, such as motor vehicle incidents, birth injuries, and workplace injuries.
Constant Legal Group is an example as our personal injury firm fights for people who get hurt when an individual or company fails to act ethically and causes an unnecessary, life-changing, and costly injury. Constant Legal Group is a trusted and experienced personal injury firm with experience in car, truck, and motorcycle accidents.
Our truck wreck lawyers help truck and accident victims recover from financially devastating injuries and accidents. Constant Legal Group offers free consultations, and our firm operates on a contingency basis, so you pay nothing unless we win your case.
What Does a Truck Accident Lawyer Do?
There is an art to a successful truck accident case, and it starts and ends with a truck accident injury lawyer’s ability to prove negligence. Negligence in a truck accident case refers to the failure of the truck driver, manufacturer, or truck driving company to exercise reasonable and ethical care while operating a commercial vehicle, designing it, or properly managing the drivers of their fleet.
A trucking accident lawyer might find negligence like driving while tired or under the influence, rolling through a stop sign, or failing to brake in time due to reckless or aggressive driving. The best truck accident lawyers dig deep into the following areas to build a compelling case:
Investigate the Truck Crash
A top truck accident lawyer will know how to investigate all potential parties involved in the accident, including the trucking company or manufacturer and the driver. This information helps determine liability and establish the at-fault party.
Gather Evidence
A truck accident lawyer gathers appropriate evidence that could help prove negligence later. This might include obtaining camera footage from dash cams and street cameras for photos of the accident from different angles and reviewing the scene of the accident. A lawyer might also contact witnesses to collect testimonies and seek medical reports from your physician (with your permission).
Send Demand Letters
Demand letters are a key part of all personal injury cases as they are written letters explicitly outlining the accident and the compensation the victim is seeking. It states the basis for the requested damages and other relevant information.
Negotiate with Insurance Companies
Insurance companies are notorious for denying or stalling accident claims, especially truck accidents, as the payout is typically higher. It is common for adjusters to try to force victims to settle for less than their accident is worth to close the claim faster. An attorney is key, as they know when to turn down low-ball offers and can negotiate on your behalf.
Prepare Complaints
Truck accident lawyers prepare and file a complaint, which notifies the defendant that they are being sued and includes other important details.
Initiate Discovery
In the discovery phase, an attorney sends requests to produce documents, admissions of facts, and written interrogatories.
Represent You at Trial, if Necessary
Many truck injury cases are settled outside court, but more complicated issues go to trial. The trial might happen if the defendant’s attorney thinks their client has a solid chance of winning. Additionally, the defendant’s insurance company might not want to set a precedent for settling this type of case or the defendant thinks the amount requested by the plaintiff is too high.
Even though trials aren’t typical for these types of claims, obtaining a legal team with outstanding trial experience ensures you’re better prepared if your case goes in front of a judge.
How Much Can a Lawyer Get You for a Truck Accident?
Every crash is unique, so a lawyer will not be able to tell you upfront how much they may be able to obtain for your truck accident case. Damages can range notably, but a trucking accident injury lawyer will likely help your chances if a case exists.
A truck accident lawyer can help recover:
- Medical expenses, including hospital bills, hospital stays, surgeries, and related bills.
- Lost wages, such as current and future lost income, if you can no longer work or were forced to change jobs because of your injuries.
- Property damage compensation is possible if your property needs repair after an accident.
- Non-economic damages like pain and suffering include mental anguish, loss of consortium, and other ways the injuries impacted your life.
- Emotional distress or pain the injured party experiences after an accident.
- Funeral and burial expenses a loved one was wrongfully killed in an accident.
- Loss of financial support/income through a loved one’s passing.
Loss of consortium or the injured victim’s inability to provide love, companionship, intimate relations, and support to their significant other.
Truck Accidents FAQ
Here are some of the more common questions we receive from truck accident victims.
What Do You Do Following a Truck Accident?
The first steps are to get to safety, exchange contact information with the other parties, report the accident, and seek medical care. Be careful not to claim responsibility, even with statements like “I’m sorry.”
Then, it’s recommended that truck accident victims contact a local and experienced truck accident injury lawyer. Serious injuries incur big medical bills and expenses, likely putting your current and future life in limbo until you get compensation to support your needs.
Is There a Limited Time After My Accident for Me to Take Legal Action?
States follow a statute of limitations or the maximum time people can file a lawsuit. Statutes of limitations vary by state, so it is essential to call a lawyer as soon as possible.
How Do I Find a Trucking Accident Lawyer Near Me?
Truck accident law is part of the specialized practice — personal injury law. A trucking accident lawyer should have industry experience, successful truck accident case results, proof of happy clients, and good communication processes. Look for personal injury lawyers near you, like Constant Legal Group, who work on a contingency basis and only get paid if we settle your case.
Talk to a Truck Accident Lawyer for a Free Consultation
Constant Legal Group helps accident victims turn their financial situations around if they have been seriously injured in a truck accident. We believe no accident victim should face a life-altering injury alone, and we do everything in our power to fight for you.
Our firm offers free case evaluations, and we’ll find the best approach to your specific circumstances so you can move forward with peace of mind. Our goal is to advocate for your rights and get you maximum compensation. Contact us today – we are eager to help you get the financial relief you deserve.