When a massive 18-wheeler or other heavy commercial truck collides with a passenger vehicle, the results are often catastrophic. The sheer size and weight of these trucks—sometimes as much as 30 times the weight of a typical car—can turn what would be a minor collision with another passenger vehicle into a life-altering or even fatal event.
At The Rothenberg Law Firm LLP, our experienced truck accident lawyers understand the profound impact a trucking accident can have on your life. With over 50 years of experience advocating for injured individuals, we have obtained billions in compensation for our clients, including those who have suffered serious injuries or lost loved ones in truck crashes.
Our team of dedicated truck accident attorneys knows how to fight against insurance companies that often attempt to minimize your claim and offer lowball settlements that don’t reflect the true cost of your injuries. We understand the types of injuries frequently sustained in trucking accidents and their long-term impacts. You should always consult a lawyer before dealing with the insurance company.
Catastrophic Injuries Due to Truck Size and Weight
The tremendous difference in size and weight between a fully loaded 18-wheeler and a standard car significantly affects the severity of injuries. Trucks can weigh up to 80,000 pounds, while the average car weighs around 3,000 pounds. This disparity means that in a crash, the passenger vehicle’s occupants are much more likely to suffer severe injuries, if not worse.
Common catastrophic injuries from truck accidents include:
- Traumatic Brain Injuries (TBI): When a truck strikes a smaller vehicle, the force of impact can cause the driver or passengers to hit their heads against the interior of the car. Traumatic brain injuries can lead to long-term cognitive issues, memory loss, and permanent disabilities. In some cases, the injured person may require lifelong care.
- Spinal Cord Injuries: The intense impact of a truck accident can damage the spinal cord, potentially causing paralysis. Whether the paralysis is partial or total, spinal cord injuries often result in the need for extensive medical care, rehabilitation, and assistive devices. These injuries frequently lead to permanent changes in a person’s lifestyle and independence.
- Broken Bones and Fractures: While broken bones are common in all types of accidents, the severity of fractures in truck accidents is often far greater due to the immense force involved. Many victims suffer multiple fractures that can require surgery and lengthy rehabilitation and leave them with long-term mobility issues.
- Internal Injuries: The force of a trucking accident can cause damage to internal organs like the lungs, liver, and kidneys. These injuries can be life-threatening if not treated promptly and may require surgery and a prolonged hospital stay.
- Severe Burns: Truck accidents that result in fires or explosions may cause severe burn injuries. These burns often require multiple surgeries, including skin grafts, and can lead to significant scarring and disfigurement, as well as emotional trauma.
Wrongful Death in Truck Accidents
Trucking accidents frequently result in fatalities because of the potential for catastrophic injuries. Families who lose a loved one in a truck accident may have grounds for a wrongful death claim, which can provide compensation for their loss, including funeral expenses, lost financial support, and loss of companionship.
At The Rothenberg Law Firm, we understand that no amount of money can replace a loved one. However, holding those responsible accountable can provide some sense of justice and security for your family’s future.
Long-Term Impacts of Truck Accident Injuries
Injuries sustained in trucking accidents often have long-lasting effects. Catastrophic injuries like TBIs, spinal cord injuries, and severe burns may leave victims dealing with lifelong disabilities, chronic pain, or an inability to return to work. These injuries can affect every aspect of your life, from your ability to enjoy daily activities to your financial security.
Accident victims may require ongoing medical treatment, rehabilitation, and in-home care, all of which can be incredibly expensive. These costs should be factored into any settlement or judgment.
Insurance companies often try to minimize the long-term impact of injuries, which is why it is crucial to have an attorney who understands the full scope of your losses and will fight for the compensation you deserve.
Mental Anguish and PTSD After a Truck Accident
In addition to physical injuries, many truck accident victims suffer from mental anguish and post-traumatic stress disorder (PTSD). The trauma of being involved in a violent collision, especially one that causes serious injury or death, can leave lasting emotional scars.
PTSD symptoms may include nightmares, flashbacks, and severe anxiety, all of which can impair a victim’s ability to function in daily life. Mental health treatment, including therapy and counseling, is an essential part of recovery for many victims, and the cost of these treatments should be included in any compensation claim.
Compensation Available in Truck Accident Claims
If you’ve been injured in a truck collision or if you’ve lost a loved one in a fatal crash, you may be entitled to compensation for a range of damages. Truck accident claims often cover both economic and non-economic damages, which reflect not only the immediate costs of medical care but also the long-term physical and emotional toll of the accident.
Medical Expenses and Long-Term Care
The immediate costs of medical treatment after a trucking accident can be staggering. Victims often require emergency room visits, surgeries, hospital stays, and specialized care, including treatment from neurologists, orthopedic surgeons, and other specialists. In addition to these immediate costs, the long-term medical needs of truck accident victims should also be factored into any compensation. This includes:
- Ongoing medical treatments like physical therapy, occupational therapy, and other forms of rehabilitation.
- Long-term care for those who are permanently disabled or need assistance with daily tasks, including home health care or placement in a long-term care facility.
- Medical equipment and modifications to your home, such as wheelchairs, prosthetics, or ramps, may be necessary after severe injuries like spinal cord damage.
Lost Wages and Loss of Earning Capacity
Truck accident victims often find themselves unable to return to work for an extended period. Some may never be able to return to their previous jobs due to the severity of their injuries. Compensation for lost income includes the money you would have earned while recovering and any reduction in your ability to earn a living in the future.
In cases where an individual is unable to return to their career or suffers a permanent disability that limits their employment options, you can seek compensation for loss of earning capacity. This is designed to account for the income you would have earned over your lifetime if not for the accident.
Pain and Suffering
A significant non-economic damage available in truck accident claims is pain and suffering. Unlike medical bills or lost wages, pain and suffering reflects the emotional and physical toll the accident has taken on your life. It can include:
- Chronic physical pain that persists long after the accident.
- Emotional distress, including anxiety, depression, or PTSD, which is common after serious or traumatic events.
- Loss of enjoyment of life, which occurs when your injuries prevent you from engaging in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones.
Pain and suffering damages are intended to compensate for the intangible losses you experience as a result of your injuries. While it can be challenging to quantify these losses, an experienced truck accident lawyer can help ensure they are factored into your compensation claim.
Wrongful Death Damages
If you’ve lost a loved one in a trucking accident, you may be entitled to pursue a wrongful death lawsuit. Wrongful death damages are designed to compensate surviving family members for the financial and emotional losses they’ve suffered due to their loved one’s death. These damages can include:
- Funeral and burial expenses.
- Loss of financial support that the deceased would have provided to the family, including lost wages and future earnings.
- Loss of companionship and guidance, recognizing the emotional toll of losing a close family member, such as a spouse, parent, or child.
- Pain and suffering experienced by the deceased before their death, which the family may claim.
Wrongful death claims provide families with financial compensation to help alleviate the burden of their loss. While no amount of money can replace a loved one, it can offer some security as you navigate a difficult time.
Why You Need a Lawyer to Maximize Compensation
After a truck accident, insurance companies often rush to settle claims quickly and for as little money as possible. They may offer lowball settlements that do not account for the long-term impacts of catastrophic injuries. These companies are not looking out for your best interests—they are looking to protect their bottom line.
The aftermath of a truck accident can be overwhelming, and dealing with an insurance company without legal representation can put you at a disadvantage. Trucking companies and their insurers often have aggressive legal teams ready to minimize or deny your claim.
That’s why it’s critical to consult an attorney before speaking with the insurance company. At The Rothenberg Law Firm, we advocate on behalf of truck accident victims to ensure they receive the compensation they need for their long-term recovery. We understand the complexities of truck accident claims and know how to calculate the full extent of your losses to ensure that you are compensated fairly.
Determining Liability in a Truck Accident
An important aspect of a truck accident case is determining who is liable for the crash. In many cases, multiple parties may be held responsible, including:
- The Truck Driver: If the driver was fatigued, distracted, under the influence of alcohol or drugs, or otherwise negligent, they may be held liable for the accident.
- The Trucking Company: Employers can be held responsible for their drivers’ actions under the principle of vicarious liability. Additionally, if the trucking company failed to maintain the vehicle properly, hired unqualified drivers, or violated safety regulations, they may share responsibility for the accident.
- The Truck Manufacturer: The manufacturer may be held liable if a defect in the truck or one of its parts (such as the brakes or tires) caused the accident.
- Cargo Loaders: If improperly loaded or overloaded cargo contributed to the crash, the individuals or companies responsible for loading the truck could be held accountable.
Identifying the party or parties responsible for the accident will help your lawyer build a strong case for compensation for serious injuries.
Federal and State Rules in Truck Accident Cases
Part of establishing liability in a truck wreck case involves understanding the network or regulations that truck drivers and trucking companies must follow. A complex set of federal and state regulations governs trucking accidents. The Federal Motor Carrier Safety Administration (FMCSA) establishes rules that trucking companies and drivers must follow, including:
- Hours of service regulations that limit how long a trucker can drive before taking a mandatory break to prevent fatigue-related crashes.
- Maintenance and inspection requirements to ensure trucks are safe to operate.
- Weight limits for trucks and cargo, which, when exceeded, can lead to dangerous driving conditions.
In addition to federal regulations, each state has rules regarding trucking accidents. For example, there are specific time limits (statutes of limitations) on filing personal injury and wrongful death claims after a truck accident. Consulting an attorney who understands the nuances of both state and federal laws is essential to building a strong case.
Contact a Personal Injury Lawyer at the Rothenberg Law Firm with Experience Handling Truck Crash Cases
If you or a loved one has been injured in a trucking accident, contact an experienced personal injury attorney as soon as possible. Handling an insurance claim on your own can lead to a settlement that doesn’t reflect the full extent of your injuries, leaving you financially vulnerable.
At The Rothenberg Law Firm LLP, we work tirelessly to hold negligent parties in truck crash cases accountable and ensure our clients receive the full amount they deserve for their medical expenses, lost wages, pain and suffering, and more. Don’t let an insurance company take advantage of you—let us fight for your rights.
Contact us today to schedule a free consultation and learn how we can help you after a trucking accident. We serve clients in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, and Hackensack, and we are ready to stand by your side during this difficult time.
Let us help you get the justice and compensation you deserve. Call us at 800-624-8888 or contact us online to get started.
