Seeking Legal Recourse after a Truck Accident: Recovering Injuries and Losses
Did you know that in the United States, a truck accident claims a life every 15 minutes? Shockingly, there are approximately 500,000 trucking accidents each year within the country. Out of this staggering number, approximately 1% of the victims lose their lives. Traffic laws distinguish themselves when it comes to big rigs or commercial trucks due to the fundamental principles of physics. Commercial trucks weigh an average of 80,000 pounds, while a passenger automobile weighs a mere 3,000 pounds. Given this significant discrepancy in size, accidents involving large trucks can have devastating consequences. Truck drivers encounter limited or no visibility within the truck’s blind spots, and their acceleration and braking capabilities are also constrained. Furthermore, trucks are prone to jackknifing, especially during abrupt braking and turns. However, if jackknifing occurs due to unforeseen road conditions or the need to avoid obstructions, the driver cannot be held accountable. Truck drivers must possess a specialized license and undergo specific training. As representatives of a trucking or shipping company, they also share in the liability for any negligence exhibited on the road.
Should passenger vehicles be absolved of any blame?
Passenger vehicle drivers should be aware of the actions that are appropriate or inappropriate when sharing the road with large commercial trucks.
Passenger vehicle drivers should refrain from engaging in the following behaviors:
- Driving left of center into oncoming traffic.
- Unsafe passing maneuvers.
- Driving under the influence of drugs or alcohol.
- Failing to comply with stop signs or traffic lights.
- Following other vehicles too closely.
- Exceeding the speed limit.
- Driving inattentively.
- Traveling within the truck’s blind spots, known as “no-zones.”
- Improperly merging in front of a truck.
If a collision occurs, and it is determined that the passenger vehicle driver has engaged in any or all of the aforementioned behaviors, the blame may be shifted away from the truck driver. Conversely, a truck driver may be deemed liable for the collision if they lack sufficient training or if they were driving while fatigued or under time pressure. The trucking company also bears responsibility if they have implemented compensation systems that encourage excessive speed.
What should you do if you are involved in a truck accident?
In accidents involving large trucks, the occupants of the other vehicle often sustain severe injuries. To ensure you receive fair compensation, it is crucial to adhere to the following guidelines immediately following the collision:
Do’s:
- Promptly report the accident, providing only essential details.
- Seek immediate medical attention for any injuries sustained.
- File an official police report and obtain a copy for your records.
- Submit your insurance claim, providing the necessary facts to the insurance adjuster.
Donts
- Refrain from admitting fault, as liability in such cases can be complex and involve multiple parties.
- Avoid apologizing for any injuries you may have suffered.
- Refrain from providing any written or recorded statements until consulting with your lawyer.
Your actions in the initial hours or days following a truck accident are crucial for securing proper compensation for your injuries and losses. Enlisting the guidance of an attorney will prevent insurance investigators, trucking companies, and other involved parties from downplaying your losses or offering inadequate compensation.
