Why You Need a Truck Accident Lawyer

Why You Need a Truck Accident Lawyer

When truck drivers and trucking companies behave negligently and recklessly, serious collisions may result. When it comes time to file a claim or lawsuit, the insurance company is never on your side. Consequently, it's important that you have a skilled trucking accident lawyer in Raleigh representing you at every stage of your case.

Your lawyer can investigate your accident circumstances, file a timely claim or lawsuit on your behalf, and negotiate with insurance company representatives. Moreover, if the insurance company refuses to compensate you fairly, your lawyer can pursue your case in the court system and, if necessary, take it to trial.

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Common Trucking Accidents that Result from Others’ Negligence

Truck accidents can be devastating, often resulting in severe injuries or fatalities due to commercial vehicles’ large size and weight. Negligence on the part of truck drivers and trucking companies is often the cause. Below are some of the most common types of truck accidents:

• Rear-End Collisions

Truck drivers often spend long hours on the road, which leads to fatigue. Fatigue can slow reaction times and make it harder for drivers to stop in time to avoid rear-ending other vehicles. Distracted driving, such as texting or eating while driving, is another cause of rear-end accidents. These crashes can be especially dangerous because the size and speed of the truck can cause serious damage to smaller vehicles.

• Jackknife Accidents

Jackknife accidents occur when the trailer of a truck swings out to the side, forming an “L” shape with the cab. This type of accident often happens when a truck driver brakes too hard or too quickly, especially on wet or icy roads. Improperly maintained brakes, a failure to adjust speed to road conditions, and inexperienced drivers can all contribute to jackknife accidents.

• Rollover Accidents

Rollover accidents happen when a truck tips over onto its side, often because the driver takes a turn too fast or the truck’s load is not properly balanced. Overloading trucks or failing to secure cargo correctly can increase the risk of rollovers. Inexperienced drivers or drivers in a rush may fail to adjust their speed, especially on curvy roads, contributing to this type of accident.

• Underride Accidents

Underride accidents occur when a smaller vehicle slides under the trailer of a truck. These accidents are often fatal due to the severe impact on the smaller vehicle. They can result from truck drivers making sudden stops, improper lane changes, or failing to use lights and signals at night. Trucking companies may also be at fault for failing to install proper underride guards, which are designed to prevent these accidents.

• Tire Blowouts

Tire blowouts can cause a truck to swerve uncontrollably. Poor maintenance, such as failing to replace worn tires, is a leading cause of tire blowouts. In some cases, trucking companies may pressure drivers to continue driving on damaged tires to save time and money, which increases the risk of accidents.

Common Injuries in a Trucking Accident

Trucking accidents resulting from truck driver or company negligence can result in severe injuries, often requiring extensive medical treatment. The truck’s sheer size and weight make these accidents particularly dangerous for those involved. Some of the most common injuries in these types of accidents include:

• Whiplash: A sudden collision can cause the head and neck to jerk forward and backward, leading to whiplash. This injury affects the neck muscles and ligaments and can cause pain, stiffness, and limited mobility. Treatment typically includes physical therapy, pain medication, and sometimes neck braces.
• Broken Bones: The force of a truck collision can easily lead to fractures. Broken arms, legs, ribs, or even the skull can result from these accidents. Treatment often involves casting or surgery to repair the bones, followed by physical therapy to regain strength and function.
• Spinal Cord Injuries: Injuries to the spinal cord can be life-altering, often causing paralysis or limited mobility. Depending on the severity, treatment can range from physical therapy and medication to surgery. In more severe cases, long-term rehabilitation or the use of mobility aids like wheelchairs may be necessary.
• Traumatic Brain Injuries (TBIs): A severe impact on the head can cause a traumatic brain injury, which may lead to memory loss, cognitive difficulties, or permanent brain damage. Treatment can include emergency surgery, medication, and rehabilitation therapy to help restore cognitive functions.
• Internal Injuries: The force of a truck accident can also cause damage to internal organs such as the liver, kidneys, or lungs. Internal bleeding is a serious risk and may require immediate surgery. Follow-up care may involve extended hospital stays and ongoing medical monitoring.
• Burns: If a truck accident leads to a fire, victims may suffer burns ranging from mild to severe. Burn injuries often require specialized treatment, such as skin grafts or reconstructive surgery, and long-term care to prevent infection.

These injuries often require not just immediate medical care but also long-term rehabilitation. Physical therapy, pain management, and sometimes psychological counseling are common forms of ongoing treatment for victims of trucking accidents.

Important Evidence in Truck Accident Cases

In trucking accident claims and lawsuits, evidence plays a critical role in determining liability and helping accident victims obtain compensation. The more relevant and stronger the evidence, the better chance a victim has of proving that the truck driver or company was negligent. Some of the most important types of evidence that accident victims can introduce include:

• Police Reports: After any serious truck accident, the police are typically called to the scene to investigate. The police report can provide valuable information about the accident, including a description of what happened, the officer’s opinions about fault, and whether any traffic violations were committed. This official documentation is a strong piece of evidence in building a case.
• Photos and Videos: Visual evidence from the scene is extremely important. Photos of the vehicles, damage, skid marks, road conditions, and the surroundings can help demonstrate how the accident occurred. If there is video footage from traffic cameras, dash cams, or surveillance systems, it can be crucial in showing the moments leading up to the crash.
• Eyewitness Testimony: Witnesses who saw the accident unfold can provide firsthand accounts of what happened. Their statements can support claims about the truck driver’s behavior, such as speeding, failing to stop, or driving recklessly. Eyewitnesses who are neutral parties can be especially credible in a case.
• Truck Driver Records: Federal regulations require trucking companies to maintain detailed records about their drivers, including their driving history, hours on the road, and any previous violations. Evidence showing that a driver was fatigued, overworked, or had a history of dangerous driving can strengthen a victim’s claim.
• Electronic Logging Device (ELD) Data: Commercial trucks are often equipped with electronic logging devices that record critical information, such as the truck’s speed, brake usage, and hours driven. This data can be useful in proving whether the driver followed federal safety regulations and whether they were driving recklessly at the time of the crash.
• Medical Records: Medical records document the extent of a victim’s injuries and treatment received. These records help show how the accident directly affected the victim’s physical health and financial well-being.

Each piece of evidence builds a stronger case, and an experienced attorney can help victims gather and present this evidence effectively to maximize their compensation.

Recovering Damages for Injuries in a Truck Collision

When a trucking accident occurs, victims often suffer serious injuries and significant financial losses. Through a claim or lawsuit, they may be eligible to recover various types of damages. These damages are intended to compensate the victim for the harm they have suffered as a result of the truck driver or trucking company’s negligence. The most common categories of damages that victims may recover include:

• Medical Expenses: One of the largest categories of damages in trucking accident cases is medical costs. Victims can recover compensation for both current and future medical expenses related to the accident. This includes hospital stays, surgeries, doctor visits, prescription medications, rehabilitation, and physical therapy. If the injuries require long-term care, such as in-home nursing or future surgeries, these costs can also be included.
• Lost income: Trucking accidents often leave victims unable to work, either temporarily or permanently. Victims can seek compensation for lost earnings during the time they were unable to work due to their injuries. If the injuries result in long-term disability or reduced earning capacity, the victim may also recover compensation for future lost income.
• Pain and Suffering: Trucking accidents can cause not only physical injuries but also emotional and psychological trauma. Pain and suffering damages are meant to compensate victims for the physical pain, emotional distress, anxiety, and other negative effects of the accident on their quality of life. The amount awarded for pain and suffering can vary depending on the severity of the injuries and their effect on the victim’s life.
• Property Damage: Victims may also recover damages for the repair or replacement of their vehicle and any other personal property that was damaged in the accident. This can include costs to repair a totaled car or replace personal items that were destroyed.
• Loss of Enjoyment of Life: In cases where a victim’s injuries significantly affect their ability to enjoy activities they once loved, they may be entitled to compensation for the loss of enjoyment of life. This can include the inability to engage in hobbies, exercise, or even perform daily tasks.
• Punitive Damages: In some cases, punitive damages may be awarded if the truck driver or trucking company acted in an especially reckless or grossly negligent manner. These damages are meant to punish the wrongdoer and discourage similar behavior in the future.

By recovering these damages, trucking accident victims can ease the financial burden of their injuries and begin to rebuild their lives.

Talk with an Experienced Truck Accident Lawyer Today

If you sustained injuries in a recent trucking accident, a knowledgeable personal injury attorney can be very helpful. Your Raleigh personal injury lawyer can handle every step of the process for you, from investigating the accident circumstances to obtaining evidence to filing a claim or lawsuit on your behalf. Your lawyer will work hard to maximize your compensation and facilitate the justice you deserve.