Introduction to Big Rig Accidents
Big rig accidents happen when big commercial trucks, such as semi-trucks, tractor-trailers, and 18-wheelers, are involved. Because these vehicles are so large and heavy, these accidents can cause a lot of damage. It’s really important to get help from a big rig lawyer who knows about these kinds of accidents to make sure you get the money you deserve for what happened to you.
Differences between car accidents and big rig accidents
We all hope for safe travels every time we hit the road. But unfortunately, accidents occur, and they can be especially devastating when a big rig is involved.
Typical cars weigh around 3,000 pounds, with SUVs tipping the scales at about 5,000 pounds. However, a fully loaded big rig can weigh a staggering 80,000 pounds—26 times heavier than a regular car. This vast difference in size and weight means that in collisions between cars and big rigs, the car and its occupants often suffer the most damage. According to the National Safety Council, large trucks are involved in 9% of all fatal crashes.
If you or a loved one has been in a big rig accident, we understand the hardship you’ve endured. You deserve recognition for your pain and to hold those responsible for their negligence accountable. The best way to do this is by seeking guidance from an experienced big rig accident attorney.
What exactly is a big rig ?
Well, it’s essentially a big truck that hauls a lot of stuff. You might hear it called different names, but essentially, it’s those massive 18-wheelers you see on the highway. Picture a truck with a big trailer attached to it – that’s a big rig. They’re also known as semi trucks or tractor trailers, and I’ll use those terms interchangeably here.
These trucks are the workhorses of the transportation industry, carrying tonnes of cargo across the country. From groceries to electronics to even hazardous materials, big rigs move it all.
Have you ever wondered which companies operate those massive trucks you see on the roads ?
Whether you’re driving in Little Rock, Los Angeles, New York City, or anywhere else in the country, chances are you’ve shared the road with one or more of the top 20 largest trucking companies in the United States.
- UPS Inc.
- FedEx Corp.
- XPO Logistics
- Werner Enterprises Inc.
- Roadrunner Transportation Systems Inc.
- NFI
- Prime Inc.
- TFI International
- Landstar System
- Old Dominion Freight Line Inc.
- Ryder Supply Chain Solutions
- Penske Logistics
- UniGroup Inc.
- YRC Worldwide
- Schneider
- J.B. Hunt Transport Services Inc.
- Knight-Swift Transportation Holdings
- ArcBest
- Estes Express Lines
- Hub Group
Have big rig accidents been on the rise or decline in recent years?
Unfortunately, the data shows an increase. According to the National Highway Traffic Safety Administration (NHTSA):
Between 2016 and 2017, there was a 4% uptick in large truck crashes, rising from 112,000 to 116,000.
Fatalities from these crashes surged by 9% during the same period, jumping from 4,369 deaths in 2016 to 4,761 in 2017.
Shockingly, 72% of those fatalities in 2017 were occupants of vehicles other than the big rigs.
The grim reality of truck accidents is further underscored by 2021 statistics:
A staggering 4,714 individuals lost their lives in crashes involving large trucks.
This marks a troubling 17% increase compared to 2020.
In crashes involving a large truck and a passenger vehicle, a whopping 97% of the fatalities were occupants of the passenger vehicles.
Nearly half (48%) of these accidents occurred on major surface roads, while 36% took place on interstates and freeways.
Understanding the Causes of Large Truck Accidents
Car accidents can happen for various reasons, some of which are beyond anyone’s control. However, many accidents occur due to negligence on the part of one or more parties involved. When it comes to big rig accidents, negligence can manifest in several ways:
Distracted Driving:
Distracted driving encompasses anything that diverts a driver’s attention from the road. This could include texting, eating, making phone calls, or anything else that takes their focus away from driving safely.
Driving Under the Influence:
Commercial truck drivers face stricter regulations regarding intoxication. While the legal blood alcohol concentration (BAC) limit for non-commercial drivers is 0.08%, it’s only 0.04% for commercial truck drivers.
Driving While Drowsy:
Long-haul truckers often face demanding schedules, leading to fatigue and drowsy driving. This can be just as dangerous as driving under the influence.
Aggressive Driving:
Aggressive behaviors such as speeding, unsafe lane changes, tailgating, and swerving can put other drivers at risk.
Mechanical Failure:
Sometimes, accidents occur due to mechanical failures, which can result from negligence in truck maintenance or manufacturing defects.
Improperly Trained Drivers:
Trucking companies have a responsibility to adequately train their drivers. Accidents can occur when companies fail to provide proper training and resources.
Failure to Maintain Trucks:
Trucking companies must ensure their vehicles are properly maintained. Accidents can happen if maintenance standards are not met.
Poor Truck Maintenance:
Neglecting routine maintenance tasks, such as brake checks or tire replacements, can lead to accidents. Examples include brake failure, trailer detachment, or defective steering.
Who is at fault in a commercial truck accident?
Determining Fault in a Commercial Truck Accident
Similar to typical car accidents, various parties may bear responsibility for a semi-truck accident. Here are some potential parties at fault:
The Commercial Truck Driver:
The truck driver could be at fault if their negligence, such as driving under the influence, aggressive driving, or speeding, directly contributes to the accident.
The Trucking Company:
If the trucking company fails to provide proper training or conduct background checks on their drivers, they may be held liable for the accident.
The Truck Manufacturer:
Manufacturers have a duty to ensure their trucks are safe. If a defect in the truck contributes to the accident, the manufacturer could be at fault.
Third-Party Drivers:
Sometimes, another driver’s actions, such as swerving into a truck’s lane, can cause a truck accident.
It’s also possible for multiple parties to share fault to varying degrees. For example, if a speeding passenger vehicle collides with a truck at an intersection after the light turns red, but the big rig driver was also intoxicated, both parties might share some blame for the accident.
Common Injuries Resulting from Truck Accidents
Serious truck accidents can lead to a wide range of injuries, some of which may pose life-threatening risks. Here are some of the most common injuries victims may suffer:
- Back and Neck Injuries
- Burn Injuries
- Broken Bones
- Traumatic Brain Injuries (TBIs)
- Internal Injuries, including internal bleeding
- Lacerations
- Rib and Torso Injuries
Truck accidents have the potential to cause severe harm, even resulting in fatalities. Some injuries may necessitate lifelong care and treatment. For instance, back and neck injuries could lead to paralysis, while TBIs may require ongoing care for an extended period.
Moreover, truck accident survivors may also grapple with psychological issues such as anxiety, depression, and post-traumatic stress disorder (PTSD). According to research published in the National Library of Medicine, individuals involved in serious motor vehicle accidents are at a heightened risk of developing psychological problems, particularly PTSD.
Every victim of a truck accident deserves compensation and access to quality treatment for both their physical and psychological injuries. Working with experienced truck accident attorneys can help ensure victims receive the necessary support and resources to aid in their recovery process.
Why you need to File a Trucking Accident Claim?
After experiencing a traumatic accident, the thought of pursuing legal action may feel daunting. However, working with a big rig accident lawyer can alleviate this burden and ensure you receive fair compensation for your physical, emotional, and financial hardships.
Filing a truck accident claim involves presenting evidence to establish three key points:
Duty of Care: All drivers are obligated to exercise caution and drive safely while on the road. This duty of care extends to everyone sharing the road.
Breach of Duty: If a truck driver or another party acts negligently—such as through distracted driving, aggression, intoxication, or speeding—they violate their duty of care to fellow drivers.
Direct Damages: Your lawyer will demonstrate how the breach of care directly caused harm to you, whether through physical injuries, financial losses, property damage, or emotional distress.
Your truck accident lawyer will diligently work with you to prove these elements of your case and negotiate a settlement that accurately reflects the impact of the accident on your life.
What to Do If the Insurance Company Contacts You
If you receive a call from an insurance representative, it’s important to remember that their priority is protecting their employer’s interests, not yours. While they may come across as friendly and concerned, their primary goal is often to minimize or deny accident claims to reduce payouts.
Here’s what you should do if an insurance company reaches out to you before consulting with a semi-truck accident lawyer:
Do Not Discuss the Accident: Politely decline to discuss any details of the accident with them. It’s crucial not to provide any information about the incident until you’ve spoken with a lawyer.
Decline to Provide Statements: Avoid giving any statements or recorded interviews about the accident. Anything you say could potentially be used against you later.
Seek Legal Advice: Contact a qualified semi-truck accident lawyer as soon as possible. They will advise you on how to proceed and protect your rights.
While insurance representatives may try to dissuade you from consulting with a lawyer, it’s essential to remember that seeking legal guidance is always in your best interest. A lawyer can help navigate the complexities of your case and ensure you receive fair compensation for your injuries and losses.
What Compensation Can I Receive After a Truck Accident?
Dealing with a truck accident can create significant financial strain for both the victim and their family. It might lead to days, weeks, or even months of missed work, resulting in lost wages. On top of that, there are often hefty medical bills and ongoing expenses for things like rehabilitation services.
The good news is, by teaming up with an accident lawyer to file a truck accident claim, you can pursue the compensation you deserve.
In these types of personal injury cases, compensation typically falls into two categories: economic damages and non-economic damages.
Economic damages cover expenses with a clear monetary value, such as medical bills, lost wages, reduced earning capacity, and rehabilitation services.
However, the impact of a severe truck accident can extend beyond just financial and physical burdens. It can take a toll on your mental and emotional well-being as well. Emotional distress is common after such incidents, with symptoms like PTSD, anxiety, depression, and sleep issues often surfacing.
Assigning a dollar value to emotional suffering is challenging, but experienced truck accident lawyers specialize in ensuring you receive fair compensation for your pain and suffering through non-economic damages. They carefully assess your case to ensure all aspects of your suffering are accounted for in the settlement.
While money can’t erase the trauma of a truck accident, it can help victims and their families to move through the healing process and move forward.
How Can a Big Rig Lawyer Help and Why Do I Need Them?
When it comes to big rig truck accident cases, having experienced injury lawyers by your side is often the best course of action. These cases are complex and require skilled legal guidance to safeguard your rights. Here’s how our legal team can assist you:
Determining Liability:
They will investigate the circumstances of your truck accident to establish who is at fault. This involves gathering evidence such as photos, witness statements, police reports, and black box data.
Collecting Evidence:
They will compile all relevant evidence, including accident-related medical bills, to support your claim for damages. This may involve obtaining records such as driver training history, phone records, and vehicle inspection reports.
Negotiating with Insurance Companies:
They will handle all negotiations with insurance companies on your behalf to ensure you receive fair compensation for your injuries and losses.
Representing You Against Trucking Companies:
Dealing with powerful trucking companies can be daunting, but our lawyers will defend your rights and interests against these entities. We have the resources and experience to take on large corporations and fight for the compensation you deserve.
Securing a Fair Settlement:
If insurance reimbursement falls short, they may pursue a personal injury lawsuit to secure a fair settlement for you. Attorneys will calculate all aspects of compensation, including pain and suffering, lost wages, and other impacts of the accident, to ensure you receive adequate compensation.
Court Representation:
While most personal injury cases settle out of court, lawyers are prepared to represent you in court if necessary. As they have extensive experience advocating for clients in the courtroom and will vigorously defend your rights.
In essence, having a truck accident lawyer on your side ensures that your legal rights are protected, and you have the best chance of obtaining fair compensation for your injuries and losses.
What Happens If the Truck Accident Results in a Death?
In the most tragic cases, a truck accident can lead to loss of life. Unfortunately, this isn’t uncommon. According to the Federal Motor Carrier Safety Administration, in 2020 alone, 4,842 large trucks, such as big rigs or tractor-trailers, were involved in fatal accidents. Many of these accidents involved single units, such as truck tractors pulling a single semi-trailer.
Losing a loved one in a truck accident is a devastating and unimaginable experience. If you believe that another party’s reckless or negligent actions caused or contributed to the accident, you may consider filing a wrongful death lawsuit. Wrongful death occurs when someone dies due to the wrongful actions of another party.
The specific regulations regarding wrongful death suits resulting from truck accidents can vary from state to state, so it’s essential to understand the laws in your area. Typically, there is a limited time frame, usually between two to three years, for filing such claims. Potential damages that may be awarded include:
Hospital and burial expenses
Compensation for the deceased’s pain and suffering
Compensation for lost income the deceased would have contributed to the household
And more
How much does it cost to hire a truck accident lawyer?
Going through a big rig accident can completely change your life, not just for you, but also for your immediate family, friends, and loved ones. One of the most stressful parts of dealing with this situation is the financial strain it brings. Even if you expect to be compensated for your medical bills and other expenses from your settlement, it can still feel uncertain. The thought of adding another expense on top of everything else might seem overwhelming. Because of this, many people understandably have concerns about hiring accident lawyers. Some lawyers, however, don’t charge you anything unless they win your case.
Conclusion
In summary, it’s crucial to reach out to a skilled big rig lawyer for help if you’re in a truck accident. They have the know-how to guide you through the legal process, ensuring you get the compensation you’re entitled to for your damages.
FAQs
1. How soon should I contact a big rig lawyer after an accident?
It’s advisable to contact a lawyer as soon as possible to ensure timely investigation and preservation of evidence.
2. What if I can’t afford legal representation?
Many big rig lawyers work on a contingency fee basis, meaning you only pay if they win your case, making legal representation accessible to all.
3. Can I still pursue compensation if I was partially at fault for the accident?
Yes, you may still be eligible for compensation under comparative negligence laws, but the amount you receive could be reduced based on your degree of fault.
4. What if the trucking company denies liability?
Your lawyer can gather evidence and build a strong case to hold the trucking company accountable, even if they deny liability initially.
5. How long does it take to resolve a big rig accident case?
The duration varies depending on various factors, including the complexity of the case and whether it goes to trial. Your lawyer can provide a timeline based on the specifics of your situation.
Also read: New Port Richey Injury Lawyer
