If you or someone you love has been injured in a truck accident, you may be facing high medical costs, may be struggling with catastrophic injury and disability, and may wonder what your rights are and what your next steps should be. Truck accidents can sometimes be more severe than passenger vehicle accidents because trucks are heavier than passenger vehicles, take longer to stop, and because the design of certain trucks can make it more likely that a car could slide under the truck, resulting in serious injuries or death. Thousands of people die each year in truck accidents and many thousands more suffer serious injuries.
Truck accident claims can differ from personal injury claims involving passenger vehicle accidents because in a truck accident claim there may be multiple stakeholders involved. In a passenger vehicle accident, settlements often involve the drivers and their insurers, but in a truck accident settlement, the claims process can involve truck companies, their insurers, truck drivers, their insurers, and other parties. Truck companies and drivers are also required to follow a range of federal and local trucking laws. If drivers or truck companies violate these laws or cut corners, and this results in an accident, victims and their families might be entitled to seek damages for their losses. Kruger & Hodges Attorneys at Law is a truck accident law firm serving Fairfield, Ohio that works with accident victims and their families to help them get the settlement they may deserve under the law.
Responsibilities for Truck Accidents
As your truck accident attorneys in Fairfield, OH, we’ll work to determine who is responsible for the accident. Multiple parties may be at fault in your accident, including:
You
The truck driver
Trucking company (employer)
Maintenance company
Cargo loading team
Truck manufacturer
We’ll work on determining who is responsible for the accident. For example, if cargo fell off of the truck or caused the truck to flip over due to being improperly loaded, the cargo loading company may be one of the many parties responsible for the accident.
If the truck manufacturer failed to warn of a brake defect and it led to the accident, they may also be held liable.
How Trucking Laws Can Impact a Personal Injury Claim
In order for a victim to seek damages for a truck accident personal injury claim, the victim must show that the other driver was negligent for the accident. In the case of a truck accident claim, the victim must show how the truck driver or truck company was negligent for his or her crash. Because the trucking industry is so highly regulated, our truck accident lawyers will need to investigate the circumstances of your accident, identify factors that may have contributed to the accident, and determine if the truck company or driver violated any laws.
For example, truck companies and their drivers must follow federal hours of service laws that limit drivers, in most cases, to 11-hour-long shifts. However, sometimes truck companies and drivers cut corners to meet deadlines, and this can result in a driver operating a truck while fatigued. Even drivers who have only been on the road for more than eight hours can pose a risk to others on the road. According to the Insurance Institute for Highway Safety, drivers who have been behind the wheel for more than eight hours were found to be twice as likely to be in an accident.
Hours of service laws are not the only regulations that truck drivers and companies must follow. Companies must abide by weight limits, must regularly maintain their vehicles, and drivers must pass strict medical tests to maintain their commercial driver’s license. Overloaded trucks can take longer to stop in an emergency. Improperly maintained vehicles can have brake or tire failures that can result in catastrophic accidents. And drivers who are taking certain kinds of medication or those who have certain medical conditions could be more likely to be involved in an accident.
Common Causes of Truck Accidents
Truck accidents can have various causes, but the most common ones include:
Speeding
One of the leading causes of truck accidents is speeding. According to the Institute for Safer Trucking, fatalities from accidents on roads with speed limits of 75+ mph surged 164% between 2011 and 2020.
When trucks travel at high speeds, it becomes exceptionally challenging to react to unexpected situations. The heavier weight of a commercial truck also means that drivers need more time and space to stop, which further increases the risk of accidents.
Driver Fatigue
Many truck drivers are overworked and often exceed their legally permitted driving time limits. When truckers are fatigued, there’s a much greater risk of an accident. Fatigue often leads to slower reaction times, poor judgment, and high-risk driving behavior.
Distracted Driving
Distracted driving kills 3,500+ people each year in the United States. Truckers or pedestrians may be distracted by texting, phone calls, passengers and even eating.
Poor Weather Conditions
The Department of Transportation reports that 1.235 million accidents, or 1-in-5 accidents, are related to weather. Poor weather conditions can make it more difficult to stop a big rig, turn or even see the vehicle in front of you.
How to Choose the Best Truck Accident Lawyer for My Claim
Truck accidents are often severe and traumatic. For some, their injuries will last a lifetime. It’s natural to be concerned about the cost of medical care, rehabilitation and lost wages. When your injuries are due to someone else’s negligence, it’s also natural to want to seek compensation from the responsible party.
Compensation cannot make up for the trauma and pain you’re experiencing, but it can help ease the financial burden of care and lost income.
If you’re at the stage where you’re considering your legal options and the best course of action, you will need the help of an experienced lawyer. There are several factors to consider when comparing truck accident attorneys in Fairfield, OH, including:
Experience and qualifications. Does the lawyer have experience handling truck accident cases? How long have they been practicing law? A lawyer who has handled cases similar to yours will understand the challenges you may face and how to achieve the best possible outcome for your case.
Availability. Does the lawyer have the time to give your case the attention it deserves? Will they be available to answer questions and address your concerns? More importantly, do they have the resources to handle the complexities of your case?
Trial experience. Personal injury cases are often settled outside of the courtroom, but if your case goes to trial, you want to ensure that your lawyer has trial experience and is prepared to fight on your behalf.
Compassion. Experience is important, but it’s also important to choose a lawyer who is understanding, supportive and compassionate. Your lawyer should ease your burden and make the claims process less stressful for you and your family.
Truck companies are often required to carry high-limit insurance policies to protect them and drivers in the event of an accident. Because trucks carry so much weight and because the risks of serious injury in a truck accident are higher, these high-limit insurance policies can protect drivers and passengers who have been hurt. Kruger & Hodges Attorneys at Law is a truck accident law firm serving Fairfield, Ohio that can assist you with your claim. Our truck accident lawyers can speak to insurance companies, negotiate with insurance adjusters to help you get the settlement you may deserve, and fight to hold truck companies accountable if they cut corners or violated trucking laws. Contact our firm today to learn more.