Trucking accidents frequently happen when truck drivers or trucking companies make serious mistakes. When injuries result, truck accident victims may be eligible to file a personal injury claim or lawsuit – usually with the at-fault truck driver’s or trucking company’s insurer.
There is no such thing as an “average” settlement in a truck accident case because each case is unique. Settlement amounts vary widely based on factors like the severity of injuries, the extent of medical expenses, lost income, and pain and suffering. Additional considerations include the degree of negligence involved – especially if the trucking company violated safety regulations.
A skilled Durham truck accident lawyer can assess these factors, gather evidence, negotiate with insurance companies, and accurately calculate damages, helping to secure fair compensation for injured accident victims.
Common Injuries in Truck Collisions
Truck collisions can lead to severe injuries, affecting both the body and mind of victims. Physically, the size and weight of commercial trucks often cause serious harm.
- One of the most common injuries in truck accidents is whiplash, which happens when the neck is forcefully jerked back and forth, causing pain and stiffness.
- Broken bones are also frequent, particularly in the arms, legs, ribs, and collarbone. These fractures may require surgeries, physical therapy, and weeks or months of recovery. Traumatic brain injuries (TBIs), such as concussions, are another major concern. TBIs occur when the victim’s head hits a hard surface or the brain is shaken inside the skull, potentially leading to memory loss, dizziness, and long-term cognitive issues. Victims with TBIs may need immediate medical attention, imaging tests like CT scans or MRIs, and cognitive or speech therapy in more severe cases.
- Spinal cord injuries are particularly serious in truck accidents, as they can lead to partial or complete paralysis. Damage to the spine can affect mobility and bodily functions, requiring extensive rehabilitation, surgery, and often permanent lifestyle adjustments.
- Internal injuries, like damage to the liver, spleen, or lungs, can also occur from the strong impact. These injuries may not be immediately visible but are life-threatening, often requiring emergency surgery and hospitalization.
In addition to physical injuries, truck accident victims may suffer from mental health conditions. Post-traumatic stress disorder (PTSD) is common, with victims reliving the traumatic event, experiencing flashbacks, or developing a fear of driving. Anxiety and depression are also frequent, often affecting a victim’s overall quality of life. Mental health treatments can include therapy sessions with psychologists, cognitive-behavioral therapy (CBT), or medications to help manage symptoms.
Each type of injury requires specific and often prolonged medical treatment, contributing to high medical costs. From immediate emergency care to long-term rehabilitation, medical professionals are typically involved for months – and sometimes years.
Treatments can range from surgeries and medications to physical therapy, mental health counseling, and follow-up check-ups to monitor recovery. For victims of truck accidents, ongoing medical care is oftentimes essential, as injuries from such accidents are often life-altering, requiring ongoing support for physical and mental healing.
How Do Trucking Accidents Frequently Happen?
Negligent truck drivers and trucking companies cause accidents in many ways, often putting other drivers at serious risk.
- One common cause is driver fatigue. Truck drivers are often required to drive long distances with few breaks, leading to exhaustion. Fatigued drivers may fall asleep at the wheel or have slower reaction times, making it difficult for them to respond quickly to sudden changes on the road. Federal regulations set limits on driving hours, but some drivers and companies ignore these rules to meet tight delivery schedules.
- Distracted driving is another leading cause of truck accidents. Like all drivers, truck drivers can become distracted with their phones, GPS devices, or even eating while driving. When truck drivers take their attention off the road, even for a few seconds, it’s enough time for a serious accident to happen, especially given the size and weight of the truck.
- Speeding and aggressive driving are also common issues. Some truck drivers may exceed speed limits to make up for lost time or increase their earnings – especially if they’re paid by the mile. However, speeding makes it harder to control such a large vehicle, and trucks need more time to stop than regular cars. Aggressive driving, like tailgating or unsafe lane changes, also puts others at risk.
- Poor truck maintenance is a common way that trucking companies contribute to accidents. Trucks require regular inspections and maintenance due to the heavy loads they carry and the long hours they’re on the road. When companies skip maintenance to save time or money, trucks can experience issues like brake failures, tire blowouts, or engine problems that can lead to dangerous situations. Neglecting maintenance is a form of negligence that can have deadly consequences.
- Lastly, inadequate training for truck drivers is a serious problem. Trucking companies have a responsibility to ensure their drivers are properly trained to handle large commercial vehicles. Untrained drivers may not know how to safely operate trucks in bad weather, navigate difficult turns, or manage heavy loads. Poor training can lead to accidents, especially on busy roads and highways.
These forms of negligence by truck drivers and trucking companies endanger everyone on the road, often resulting in tragic accidents that may have been prevented.
Common Factors that Determine Truck Accident Settlements
The amount of a truck accident settlement depends on several important factors, each affecting the total compensation that a victim may receive. One key factor is the severity of the injuries. Severe injuries, like traumatic brain injuries, spinal damage, or permanent disabilities, typically result in higher settlement amounts. This is because such injuries often require long-term medical care and rehabilitation and may significantly affect the victim’s quality of life and ability to work.
Another factor is the extent of medical treatment needed. Truck accident victims may receive compensation for various medical expenses, such as hospital stays, surgeries, physical therapy, and medications. The more extensive and prolonged the treatment, the higher the potential settlement. Additionally, if the injuries require ongoing or future medical treatment, that cost can also be included in the settlement amount.
Lost income and loss of earning capacity also play a large role in determining a settlement amount. If an accident victim is unable to work temporarily or permanently due to their injuries, they may receive compensation for lost earnings. If the injuries prevent them from returning to their previous job or reduce their ability to earn as much as before, they may receive compensation for “loss of earning capacity,” which accounts for future lost income.
The degree of fault and negligence involved in the accident can also affect the settlement. If the trucking company or driver was blatantly negligent – such as driving under the influence, ignoring hours-of-service regulations, or failing to maintain the vehicle properly – this can increase the settlement amount. Courts and insurance companies tend to award higher settlements in cases where there is clear evidence of serious negligence or reckless behavior.
Victims may also be eligible for pain and suffering compensation, which covers the physical pain and emotional distress resulting from the accident. This type of loss is non-economic, meaning it does not have a specific dollar amount but considers the effects on the victim’s mental well-being, relationships, and enjoyment of life. Cases involving severe injuries or permanent disabilities often result in higher pain and suffering awards.
Lastly, property damage compensation is awarded to cover repairs or replacement of the victim’s vehicle and other personal items lost or damaged in the accident.
When is Truck Accident Litigation Necessary?
Truck accident litigation becomes necessary when the victim and the at-fault party’s insurance company cannot agree on a fair settlement. This situation may arise if the insurance company offers a low settlement or refuses to acknowledge the extent of the victim’s injuries and damages. When this happens, filing a lawsuit can be the only way for the victim to pursue full compensation.
- The litigation process starts with the filing of a complaint. The victim (the plaintiff) officially files a complaint in civil court against the truck driver, trucking company, or both. The complaint outlines the details of the accident, the injuries suffered, and the compensation sought. Once filed, the defendant (the at-fault party) is served with the lawsuit papers and must respond within a set timeframe.
- After the complaint is filed, the next step is discovery. During discovery, both sides gather evidence to support their claims. This stage includes interrogatories (written questions that must be answered under oath), depositions (formal, out-of-court interviews that a court reporter records), and document requests (such as medical records, truck maintenance logs, and driver logbooks). Discovery is often the most time-consuming part of litigation, as both sides build their cases based on the gathered evidence.
- Following discovery, there may be pre-trial motions. These are requests made to the court to make specific rulings before the trial begins. For example, a motion can be filed to dismiss certain pieces of evidence.
- Before a case reaches trial, many truck accident lawsuits go through alternative dispute resolution (ADR), such as mediation or arbitration. In mediation, a neutral third-party mediator helps both sides negotiate a settlement. In arbitration, an arbitrator reviews the evidence and makes a binding or non-binding decision, depending on the terms agreed upon.
- If ADR is unsuccessful, the case proceeds to trial. During the trial, both sides present their arguments, call witnesses, and submit evidence to a judge or jury. After hearing all the evidence, the judge or jury deliberates and renders a verdict, deciding whether the plaintiff should receive compensation and, if so, how much.
Each stage provides opportunities for both sides to present their cases, potentially leading to a fair resolution for the victim.
How Can a Knowledgeable Truck Accident Attorney Help?
A truck accident attorney can provide vital support and guidance throughout the complex legal process of seeking compensation after an accident.
- First, they can help by investigating the circumstances of the accident. This step involves collecting critical evidence like police reports, witness statements, surveillance footage, and accident scene photos to establish what happened and who was at fault. Additionally, attorneys often work with accident reconstruction experts to strengthen your case with technical insights.
- An experienced truck accident attorney can also help you understand and navigate the legal process. Truck accident cases often involve federal regulations, such as hours-of-service rules set by the Federal Motor Carrier Safety Administration (FMCSA), which limit how long drivers can be on the road without rest. An attorney familiar with these regulations can determine if a violation occurred, which may indicate negligence. They will also file paperwork accurately and on time to avoid jeopardizing your claim.
- Another way an attorney assists is by handling communications with insurance companies. Insurance adjusters often aim to minimize payouts, and they may attempt to get you to accept a low settlement or admit partial fault. An attorney can protect you from these tactics, managing all negotiations with insurance companies to seek a fair settlement based on the full scope of your injuries, lost earnings, and other damages.
- When it comes to calculating compensation, an attorney is invaluable. They can accurately assess both economic and non-economic damages, ensuring that you seek compensation for current and future medical expenses, loss of earning capacity, pain and suffering, and more. This comprehensive approach increases your likelihood of receiving a fair amount.
- If negotiations don’t lead to a satisfactory settlement, a truck accident attorney can represent you in court. They will prepare your case for trial, presenting evidence, questioning witnesses, and making arguments to a judge or jury to advocate for your rights. Attorneys are skilled in court procedures and rules, which helps avoid procedural errors that may weaken your case.
- Finally, attorneys offer emotional support during a challenging time. The aftermath of a truck accident can be overwhelming, and an attorney’s guidance can alleviate some stress, allowing you to focus on your recovery.
Talk with an Experienced Truck Accident Lawyer Right Away
If you suffered injuries in a truck crash, an experienced Durham personal injury lawyer will answer all of your questions, handle all settlement negotiations on your behalf, and represent you in court throughout every stage of your case. They will aggressively fight for your rights and pursue the full settlement or litigation compensation you deserve.