A large truck driving at the same speed as a passenger vehicle takes significantly longer to stop and is more difficult to maneuver. It may be difficult even for an experienced driver to stop quickly for an unexpected hazard or maintain control of the vehicle in poor road conditions. Often, this results in an accident. A serious accident involving another driver may result in multiple broken bones, brain injuries, paralysis, and other catastrophic injuries or even death.
If you or a loved one were in a truck crash that was someone else’s fault and have suffered serious injuries that have meant you’re unable to work or enjoy life, it’s worth pursuing a truck accident claim. Find out if you could receive compensation by contacting the Fleck Firm for a no-obligation consultation.
What to Do After a Radcliff Truck Accident
Although victims often suffer from severe injuries after a truck accident, it is sometimes possible to walk away from the accident scene relatively unscathed. Whatever the extent of your injuries, it’s important to seek medical attention immediately. The shock of the accident may have prevented you from feeling pain, and some symptoms may only become apparent later. Not only do you need to seek treatment as soon as possible, it’s crucial to have medical records that link your injuries to your personal injury case.
In addition, you should file an accident report with the police. Bringing law enforcement to the scene will ensure you have a record of what happened, which will include testimony from eyewitnesses you can use when filing the claim.
As soon as possible, you should also meet with Radcliff truck accident attorneys to find someone you’re comfortable with and trust. The experienced legal team at the Fleck Firm will take the time to listen to your account. We will investigate the accident to identify who was at fault and determine what kind of settlement you should pursue. We will then negotiate with the insurance company of the at-fault party to ensure you receive a fair settlement. When insurers are aware you have an attorney on your side — who will go to court for you if necessary — they are more likely to settle for the full amount from the start.
Do Trucking Accidents Occur Often?
There were almost 6,000 fatal accidents involving large trucks and buses in 2021, an increase of 18% from the year before. In the same time period, there was also an increase in injury crashes of 11%, reaching 117,000, according to the Federal Motor Carrier Safety Administration (FMCSA).
Any type of truck can be involved in an accident. However, most common in Radcliff are accidents with a semi truck or tractor trailer. An accident with a tractor trailer is especially likely to be fatal due to the large size of the vehicle.
Common Causes of Truck Accident Cases
It’s important to determine the cause of truck wrecks because this indicates who was at fault. In addition to truck drivers, trucking companies, truck manufacturers, and mechanics responsible for vehicle maintenance could all be negligent.
Some common causes of truck accidents include the following.
Driver Negligence
There are various ways for commercial truck drivers to behave negligently, including due to driver inattention, speeding, failing to yield, or driving under the influence of drugs or alcohol. Regulations for driving under the influence are stricter for truck drivers, who are breaking the law if their blood alcohol concentration exceeds 0.04% (compared to 0.08% for other drivers in Radcliff).
Defective Part
A mechanical failure due to a part with a defect could mean the manufacturer of the truck or part is liable for the accident. The defective part could be a tire, the brakes, the headlights, or the steering mechanism.
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Improper Maintenance
Trucking companies are required to ensure their vehicles receive regular inspections and maintenance. If the company was neglecting necessary checks, it may be negligent for your accident. Alternatively, the repair shop may have carried out the work improperly, in which case it may be liable.
Unsecured Cargo
In some truck accidents, the cargo rather than the vehicle itself causes the accident. In these cases, whoever failed to secure or load the cargo correctly may be liable.
Road Conditions
It is also possible for an accident to be due to poor road conditions. The government body or contractors responsible for maintaining the roadway may be at fault.
Improper Trucking Company Practices
The trucking company may lack stringent hiring practices, require drivers to speed to make their schedules, not allow drivers enough time to rest (meaning they’re fatigued), or offer insufficient training. Any of these could mean the trucking company is liable.
Jackknife Accidents
There are various potential causes of a jackknife accident. It could be due to equipment failure, driver error (if the driver used improper braking), adverse road conditions (such as if the surface was icy but should have been de-iced).
What Happens If You Are Partially at Fault for the Trucking Accident?
It is possible that multiple parties could be at fault for the accident, including drivers of passenger cars. If you are one of the at-fault parties, you may still be able to receive compensation in a trucking accident claim. This is because Radcliff uses comparative negligence. In cases involving commercial trucks and passenger vehicles, the percentage of fault of each driver is determined and victims receive compensation accordingly. For instance, if your actions put you at 40% at fault, you’ll receive 60% of your damages.
What Evidence Will Your Radcliff Law Firm Use to Prove Fault?
Working with a Radcliff truck accident lawyer will put you at an advantage. Your law firm will gather a variety of evidence to determine what happened. This may involve:
- Working with accident reconstruction specialists to recreate the accident scene
- Using video footage from dash cams and nearby businesses
- Examining the condition of the road for signs like skid marks
- Considering vehicle damage
- Talking to eyewitnesses, like other drivers and first responders
- Requesting the truck driver’s cellphone records
- Considering the safety records of the trucking company
- Checking the black box recorder in the truck
Damages Available to Truck Accident Victims
The damages victims typically receive for truck accident claims include:
- Medical bills — In addition to medical bills you’ve already incurred, you can claim for future medical expenses, which you’ll likely need if you’ve suffered severe or catastrophic injuries
- Lost wages and lost earning potential
- Costs to modify your home, such as if you need a wheelchair
- Pain and suffering
- Emotional distress
- Disfigurement
- Property damage
Wrongful Death Claims from Radcliff Truck Accidents
Through a wrongful death claim, you can also claim for all the above damages if a family member died in a truck accident. In addition, you may be able to receive compensation for funeral bills, loss of consortium, and loss of financial support or services.
In the case the insurance company of the at-fault party refuses to pay a fair amount or your expenses exceed the liable party’s insurance coverage, you may need to file a wrongful death lawsuit. If the at-fault party behaved in a way that was particularly egregious, you may also use a wrongful death lawsuit to seek punitive damages, which will hopefully prevent future accidents.
Why Work with a Radcliff Truck Accident Attorney?
Radcliff truck accident lawyers know how much you’re entitled to for your accident and will ensure you receive fair compensation. They also remove much of the stress of the process, allowing you to focus on your recovery. Furthermore, if there’s a chance you may need to pursue a truck accident lawsuit, it helps to work with an attorney from the start, as you’ll need an experienced truck accident lawyer who is familiar with the legal process to represent you.
The Statute of Limitations for Truck Accident Lawsuits in Radcliff
You have two years from the date of the accident or the date of your last no-fault payment that you receive through your own insurance coverage to file a claim or lawsuit. Whereas this sounds like plenty of time, it will pass quickly. It is important to start the process as soon as possible to give your attorney time to gather all the evidence to build a strong case. Plus, filing as soon as possible means you’ll see a resolution sooner, giving you the funds you need to pay for your medical bills and other expenses.
Why Are Truck Accidents Complex?
A truck accident claim is often more complex than another type of personal injury claim for a few reasons. These include the fact that truck accident injuries may be more severe than what you would have experienced in a car crash. You’ll need to determine what the impact of your injuries is likely to be in the long term, including what medical treatment you’ll need in the future and how much you can expect to recover.
In addition, when cases involve a commercial vehicle, there is the potential for more parties than just the driver to be liable. Trucking companies have experienced lawyers on their side to shed doubt in an attempt to pay as little as possible.
Finally, there are more laws regulating the truck industry. For instance, in addition to following state and federal regulations that are applicable for all drivers, truck drivers must adhere to hours of service regulations, which state that they must take a break of at least 30 minutes every eight hours. In addition, they are required to have a commercial driver’s license, they must keep freight under the weight limit for the truck, and they must follow standards for safely carrying hazardous waste. Failure to adhere to these will mean the driver, trucking company, or both are likely to be liable in a truck accident case.
Receive a Free Consultation for Your Radcliff Truck Accident Case
The above reasons make it extra important to have the support of a law firm with experience in trucking accidents. If you have been in a truck accident in Radcliff, contact the Fleck Firm for a free consultation to discuss your case. You’ll pay nothing upfront, and our contingent fee is only 30%. Reach out now to start the process toward receiving the compensation you deserve.
