Trucking Accidents

Understanding Truck Crashes: Causes, Consequences, and Legal Recourse

Introduction

Truck crashes are among the most devastating types of road accidents, often resulting in severe injuries, extensive property damage, and even fatalities. Given the sheer size and weight of commercial trucks, these accidents can have catastrophic consequences, not just for those involved but for entire communities. A thorough understanding and application of State and Federal laws that regulate the operation and maintenance of Commercial Motor Vehicles (CMV’s) is essential for obtaining justice for our clients.

Common Causes of Truck Crashes

Truck crashes can occur for a variety of reasons, many of which involve negligence or violation of State and Federal safety regulations. Some of the most common causes include:

• Driver Fatigue: Long hours on the road can lead to driver exhaustion, reducing reaction times and increasing the likelihood of an accident. Despite regulations limiting driving hours, fatigue remains a significant issue in the trucking industry.
• Distracted Driving: Truck drivers, like all drivers, can be distracted by phones, GPS devices, or even eating and drinking while driving. Distractions can lead to deadly mistakes on the road.
• Speeding and Reckless Driving: Trucks require longer distances to stop due to their weight. Speeding or reckless driving can make it impossible for a truck to stop in time to avoid a collision.
• Improper Maintenance: Commercial trucks require regular maintenance to ensure they are safe to operate. Brake failures, tire blowouts, and other mechanical issues can lead to serious accidents if a truck is not properly maintained.
• Overloaded or Improperly Loaded Cargo: Overloading a truck or improperly securing cargo can cause the truck to become unbalanced or lead to load shifts during transit, increasing the risk of a crash.
• Driving Under the Influence: Although commercial drivers are held to stricter standards regarding alcohol and drug use, impaired driving is still a factor in some truck crashes.
• Failure to Train: Interstate Carriers are required under the FMCSR to assure that they properly train their drivers. Failure to do so can lead to liability for the Carriers when an accident occurs.

The Impact of Truck Crashes

The consequences of truck crashes are often severe and far-reaching:

• Severe Injuries: Victims of truck crashes may suffer from traumatic injuries, including spinal cord injuries, traumatic brain injuries (TBI), broken bones, and internal injuries. These injuries often require long-term medical care and rehabilitation.
• Fatalities: Due to the size and weight of trucks, crashes involving these vehicles have a higher likelihood of resulting in fatalities, leaving families devastated.
• Property Damage: Truck crashes can cause significant damage to vehicles, infrastructure, and property, leading to costly repairs and, in some cases, the loss of personal belongings.
• Emotional and Psychological Trauma: The aftermath of a truck crash can leave victims and their families dealing with emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
• Financial Burden: The costs associated with medical bills, lost wages, and property damage can place an overwhelming financial burden on victims and their families.

Legal Recourse for Truck Crash Victims

If you or a loved one has been involved in a truck crash, it is important to understand your legal rights and options. The process of seeking compensation involves several key steps:

• Establishing Liability: Determining who is at fault in a truck crash can be complex. Potential liable parties include the truck driver, the trucking company, maintenance providers, or even the manufacturer of defective truck parts. A thorough understanding of the FMCSR and State laws regulating the operation and maintenance of Commercial vehicles is imperative to properly handle these type cases.
• Filing a Claim: Once liability is established, your attorney will help you file a personal injury or wrongful death claim against the at-fault parties. This claim seeks compensation for medical expenses, lost wages, pain and suffering, and other related damages.
• Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in truck crash cases. Your attorney will negotiate on your behalf to ensure you receive a fair settlement that covers all your damages.
• Litigation: If a fair settlement cannot be reached, your case may proceed to court. Your attorney will represent you throughout the litigation process, presenting evidence and arguing your case to secure the compensation you deserve.

Contact Us Today

If you or a loved one has been affected by a truck crash, don’t face the aftermath alone. Contact us today for a free consultation.