Truck accidents involving 18-wheelers and other heavy commercial vehicles can lead to devastating injuries, particularly for occupants of smaller passenger vehicles. The sheer weight difference between an 18-wheeler and a car means that a collision often results in catastrophic harm, including life-changing injuries or even death.
If you or a loved one has been injured in a truck accident, determining who is responsible is one of the most critical aspects of recovering the compensation you deserve. At the Rothenberg Law Firm, our experienced truck accident lawyers understand the overwhelming physical, emotional, and financial burdens that follow a serious truck accident.
With over 50 years of experience securing billions in compensation for clients, our dedicated personal injury attorneys are here to help you navigate the complex legal landscape and ensure those responsible for your injuries are held accountable.
If you’ve been hurt in a truck accident, contact a truck accident attorney immediately to protect your rights and avoid pitfalls when dealing with insurance companies.
Why Are Trucking Accidents So Catastrophic?
The consequences are often severe when a passenger vehicle and a large truck collide. Commercial trucks can weigh up to 80,000 pounds when fully loaded, while the average passenger vehicle weighs around 3,000 to 4,000 pounds. This enormous weight disparity increases the force of impact in a crash, leading to devastating injuries such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Severe burns
- Internal organ damage
- Multiple fractures
- Amputations
After a truck crash, victims are left to manage the financial strain of medical bills, lost wages, and ongoing care. That’s why seeking legal counsel immediately after a truck accident is vital. Insurance companies often try to minimize the compensation they owe, and without a lawyer advocating for you, you risk being under-compensated.
Determining Liability in a Truck Accident
A complexity of truck accident cases is that liability is often spread among multiple defendants. In a typical car accident, the blame may rest with one or two drivers, but truck accidents often involve several responsible parties, including:
- The Truck Driver: In these cases, the driver’s actions, such as speeding, distracted driving, or driving while fatigued, are often closely examined.
- The Trucking Company: The company that employs the driver can be held responsible for inadequate training, failing to properly screen drivers, or pushing drivers to violate hours-of-service regulations to meet deadlines.
- The Maintenance Provider: Trucks require regular maintenance, and if a mechanical failure, such as faulty brakes or worn-out tires, caused the crash, the party responsible for maintaining the vehicle could share liability.
- The Cargo Loader: If the cargo was improperly loaded or secured, it could shift during transit, causing the truck to tip over or jackknife. In these cases, the party responsible for loading the truck may be liable for the accident.
Handling a truck accident claim involves identifying every potentially liable party to ensure you receive full compensation for your injuries. A personal injury lawyer experienced in truck accident cases will know how to investigate the accident thoroughly to identify all responsible parties. This includes reviewing the employment practices of the trucking company, maintenance records, and cargo loading procedures.
Moreover, each of these parties may have their own insurance policies, legal teams, and defense strategies, making it difficult for an individual to manage without legal assistance. Your lawyer will handle all the negotiations, ensuring that no liable party escapes responsibility and that you are not overwhelmed by the complexity of dealing with multiple defendants.
Gathering Evidence for a Truck Accident Injury Claim
Gathering and preserving evidence is crucial to building a strong case after a truck accident. Trucking companies often dispatch their own legal teams and investigators to the scene immediately after a crash. Their goal is to gather evidence that minimizes their liability, which can put victims at a disadvantage if they don’t have an advocate fighting for their rights.
The skilled truck accident lawyers at the Rothenberg Law Firm will act quickly to protect your interests. Some of the critical pieces of evidence your lawyer can obtain include:
The Truck’s Black Box Data
Most commercial trucks are equipped with event data recorders (EDRs), commonly known as black boxes. These devices capture crucial information, such as the truck’s speed, brake usage, and the driver’s actions in the moments leading up to the accident.
Black box data can be key to proving whether the driver was negligent, but trucking companies are not obligated to preserve this data indefinitely. A lawyer can file a legal request to preserve and obtain this evidence before it is lost or destroyed.
Driver Logs and Hours-of-Service Records
Truck drivers are required to maintain detailed logs of their driving hours, breaks, and rest periods. These records provide evidence determining whether the driver was complying with federal hours-of-service regulations or was fatigued at the time of the accident. A lawyer can obtain these records and review them for any violations that may have contributed to the crash.
Maintenance and Inspection Records
Regular maintenance is vital to keeping large trucks safe on the road. A lawyer will investigate whether the trucking company or a third-party maintenance provider failed to properly maintain the vehicle. This includes reviewing inspection reports and maintenance logs to determine if any mechanical failures, such as faulty brakes or tires, played a role in the accident.
Witness Statements and Accident Reports
A lawyer will gather statements from witnesses who saw the accident, as well as police reports detailing the scene of the crash. These accounts can provide valuable context and help establish liability.
Traffic Camera Footage and Accident Scene Reconstruction
In some cases, a lawyer may also obtain traffic camera footage or work with accident reconstruction experts to piece together how the accident occurred. Reconstruction specialists can analyze the damage to vehicles, skid marks, and other physical evidence to determine how fast the truck was traveling and how the collision unfolded.
Gathering this type of evidence requires experience and access to resources the average person may not have. A lawyer will have the knowledge and connections to work with experts in fields such as accident reconstruction, trucking regulations, and vehicle maintenance to build a solid case.
They will also understand the legal processes required to preserve and obtain evidence that may otherwise be lost or altered. With this critical evidence in hand, your lawyer can present a compelling case, holding all responsible parties accountable and maximizing your compensation.
Federal Regulations Governing Trucking Companies
Enlisting the help of a lawyer familiar with truck accidents is important because they bring focused knowledge of the trucking industry that can help build your case. Truck drivers and trucking companies must adhere to strict federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA).
These regulations are designed to prevent accidents and ensure that truckers are operating their vehicles safely. Some of the most important regulations include:
- Hours of Service (HOS) Rules: Truck drivers must follow specific hours-of-service regulations to prevent driver fatigue. These rules limit the number of consecutive hours a driver can be behind the wheel and require rest breaks. Violations of HOS rules are a common cause of truck accidents, especially when trucking companies pressure drivers to meet tight delivery schedules.
- Vehicle Maintenance Requirements: Trucking companies must ensure their vehicles are regularly inspected and maintained. This includes checking brakes, tires, lights, and other essential safety components. Failure to comply with these maintenance regulations can result in equipment failures that cause accidents.
- Drug and Alcohol Testing: The FMCSA mandates strict drug and alcohol testing for truck drivers. If a driver is under the influence at the time of the accident, both the driver and the trucking company may face liability if it is found that proper testing was not conducted.
An experienced attorney will review whether federal regulations were violated and use that information to build a strong case for compensation. Proving these violations can be critical in holding trucking companies accountable for their role in causing the accident.
State Laws Affecting Truck Accidents
In addition to federal regulations, state laws play a crucial role in determining liability after a truck accident. Each state has its own laws governing personal injury claims, which may include negligence rules, insurance requirements, and statutes of limitations. These variations can impact how liability is assigned and the compensation to which a victim is entitled.
Comparative Negligence
For example, many states follow comparative negligence rules, meaning multiple parties can share responsibility for an accident. If you were partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you.
However, in most states, you can still recover damages as long as another party is more responsible for the accident. It’s important to work with a lawyer who understands the specific negligence laws in your state, as they can significantly affect the outcome of your claim.
Insurance
Another key factor is insurance coverage. Some states have no-fault insurance systems, which may cover your initial medical expenses and lost wages, regardless of who caused the accident. However, because truck accidents often result in serious injuries that exceed no-fault insurance limits, you may need to pursue a personal injury lawsuit to recover full compensation for your damages.
Given these complexities, working with a law firm experienced in handling truck accident cases across different jurisdictions is critical. At the Rothenberg Law Firm, we handle cases nationwide and are familiar with the varying state laws that can affect your claim. Our experienced lawyers will guide you through the process and fight for the compensation you deserve.
Negotiating with the Insurance Companies
Consulting an attorney before dealing with insurance companies is crucial if you’ve been injured in a truck accident. Trucking companies and their insurers are highly experienced at defending against claims.
Often, insurance companies will try to quickly offer a low settlement before the full extent of your injuries is even clear. This can be especially common in truck accident cases, where the stakes are high due to the potentially catastrophic nature of the injuries involved.
When dealing with insurers, especially those representing trucking companies, you should never assume they have your best interests in mind. Their aim is to protect their bottom line, and without a lawyer on your side, you could end up with far less compensation than you deserve.
Willingness to Go to Court
A lawyer will be prepared to take the case to court if the insurance company refuses to offer a fair settlement. Trucking companies and their insurers know that when a lawyer is involved, they are up against someone who is willing to fight for the full value of the claim, even if it means going to trial.
Having a ready and willing lawyer to litigate your case gives you significant leverage during negotiations. Insurance companies are far more likely to offer a fair settlement when they know there’s a real possibility of facing a trial, where they could be ordered to pay even more. Your lawyer will work tirelessly to get you the compensation you deserve through a negotiated settlement or court verdict.
Contact Rothenberg Law Firm for Help Determining Trucking Company Liability
Determining liability can be complex if you’ve been injured in a truck accident, especially when trucking companies and other parties may share responsibility. At the Rothenberg Law Firm, we are here to ensure that all liable parties are held accountable for the harm they’ve caused.
Our experienced personal injury lawyers will thoroughly investigate your case, identify those responsible—the trucking company, driver, or others—and fight for the full compensation you deserve.
Truck accidents are overwhelming, but you don’t have to face this process alone. Let us handle the legal complexities so you can focus on your recovery. Contact the Rothenberg Law Firm today for a free consultation. Call us at 800-624-8888 or contact us online to get started.
