Semi-truck collisions can result in devastating injuries and damages for accident victims. To get the fair compensation you deserve, you need to prove that the truck driver or trucking company’s negligent actions were responsible for your injuries.
A skilled Edmonton truck accident lawyer can handle this process for you by gathering key evidence, such as driver logs, maintenance records, and black box data. They will also conduct witness interviews, secure video footage, and consult experts if necessary.
Your lawyer will also negotiate with insurance companies, file legal claims, and, if necessary, represent you in court. With their experience and knowledge, they will ensure that you receive fair settlement compensation for your pain and suffering, lost income, and other damages.
How Do Truck Drivers and Trucking Companies Cause Semi-truck Crashes?
Negligent semi-truck drivers often cause accidents due to a range of careless behaviours. One common cause is driver fatigue. Truck drivers often work long hours, and when they exceed regulated driving limits or don’t take proper rest breaks, they can become drowsy and less attentive. This impairment can result in slower reaction times and poor decision-making, increasing the likelihood of a crash.
Another key factor is distracted driving. Semi-truck drivers, like other motorists, may engage in distractions such as texting, talking on the phone, or adjusting their GPS systems while driving. Even a brief moment of distraction can lead to a dangerous accident, especially when driving such large vehicles that require more time to stop or maneuver.
Improper vehicle maintenance is also a significant issue. Trucking companies are required to regularly inspect and maintain their vehicles, but sometimes drivers or companies fail to follow through with necessary repairs or maintenance. Faulty brakes, worn-out tires, or malfunctioning lights can all lead to accidents. For instance, a truck with faulty brakes may be unable to stop in time to avoid a collision, while worn tires may cause a blowout, leading to loss of control.
Inexperienced or poorly trained drivers contribute to many accidents as well. Driving a semi-truck requires specialized skills, and when drivers lack the proper training, they may struggle with tasks like safely merging, turning, or handling difficult road conditions. For example, inexperienced drivers may misjudge the size of their trucks in tight spaces or fail to understand how weather conditions affect truck handling.
Speeding is another common form of negligence. Many truck drivers, under pressure to meet deadlines, may drive faster than the speed limits or travel at unsafe speeds for road conditions. Semi-trucks are much larger and heavier than passenger vehicles, so speeding increases the risk of a catastrophic accident.
Injuries that Victims of Semi-truck Accidents are Most Likely to Suffer
Victims of semi-truck collisions often suffer serious physical and mental injuries due to the massive size and weight of the truck involved – especially when the crash results from the negligence of a truck driver or trucking company. The most common physical injuries include broken bones, spinal cord injuries, and traumatic brain injuries. These injuries can result from the force of the collision, with victims often being thrown from their vehicles or crushed by the force of the crash. Broken bones are common, especially in the arms, legs, and ribs, due to the violent nature of truck accidents.
Spinal cord injuries are another major concern. The spine is highly vulnerable in accidents, and a severe impact can lead to partial or complete paralysis. Victims may lose the ability to walk or perform everyday activities, depending on the severity of their injury. Traumatic brain injuries (TBIs) are also common in semi-truck accidents, especially if the victim’s head strikes the dashboard, window, or another object. TBIs may cause long-term effects, such as memory loss, cognitive difficulties, and changes in mood or behaviour.
In addition to physical injuries, many victims experience mental and emotional trauma. Post-traumatic stress disorder (PTSD) is common in truck accident survivors. They may relive the accident through flashbacks, nightmares, or anxiety, often finding it difficult to get back behind the wheel or resume normal life. Depression is another mental health issue that frequently arises. Victims may feel hopeless, angry, or fearful due to the life-altering nature of their injuries and the trauma from the accident.
Victims may also experience anxiety, especially if they have to deal with medical treatments, insurance claims, or legal battles. The mental strain from these challenges can make recovery even more difficult, adding to the emotional toll of the accident. When negligence by the truck driver or trucking company causes these injuries, victims often face not only physical pain but also a long road to emotional healing.
How Can a Truck Accident Lawyer Make Sure You Get the Settlement Compensation You Deserve in a
Semi-truck Accident Case?
After being involved in a semi-truck accident, one of the most important steps in recovering damages is securing a fair settlement and compensation. An experienced truck accident lawyer plays a critical role in ensuring you receive the compensation you deserve. Here’s how they can help.
- First, a skilled lawyer understands the complexity of semi-truck accidents. These accidents often involve multiple parties, such as the truck driver, the trucking company, and even vehicle manufacturers. An experienced lawyer knows how to investigate the accident thoroughly to identify all potential sources of liability. This means they will look at driver logs, maintenance records, and trucking company policies, ensuring that nothing is overlooked.
- Second, truck accident lawyers have a strong understanding of the laws and regulations that apply to the trucking industry. Trucking companies are required to follow strict rules that cover issues like driver working hours, vehicle inspections, and cargo loading. A lawyer with experience in truck accidents knows how to leverage these regulations to build a strong case, especially if the trucking company or driver violated any of them.
- Third, a seasoned lawyer will work with experts, such as accident reconstruction specialists or medical professionals, to strengthen your case. These experts can help establish exactly how the accident occurred and the full extent of your injuries, making it easier to prove liability and the damages you are entitled to recover. For instance, a medical expert can testify to the long-term effects of injuries like spinal damage or traumatic brain injury, which can greatly affect your settlement amount.
- Another key factor is negotiation. An experienced truck accident lawyer knows how to handle insurance company adjusters, who often try to minimize payouts. They will negotiate on your behalf, ensuring that the offer you receive reflects the full cost of your lost income, pain and suffering, and emotional distress.
- Finally, if the insurance company is unwilling to offer a fair settlement, an experienced lawyer will not hesitate to take your case to court. Their knowledge and preparation give them the confidence to fight for your rights, ensuring that you receive the compensation you need.
Litigating Accident Cases Involving Semi-trucks
Semi-truck accident cases go to litigation when insurance companies refuse to offer fair settlement compensation to accident victims. Successfully litigating a semi-truck accident case involves several steps, beginning with filing a lawsuit and potentially ending in a trial or an alternative dispute resolution (ADR) proceeding. A skilled lawyer can guide you through this process, ensuring that your rights are protected and that you receive the full compensation you deserve.
The first step in litigation is actually filing the lawsuit. Once your lawyer has gathered enough evidence to establish liability, they will file a formal complaint in the appropriate court. This document outlines your claim, the damages you are seeking, and the legal basis for holding the trucking company or driver responsible. After filing the lawsuit, the defendant (usually the truck driver or trucking company) will have an opportunity to respond to the complaint.
Next comes the discovery phase. During discovery, both sides exchange information relevant to the case. Your lawyer will request documents such as the truck driver’s logbooks, maintenance records, black box data, and any other evidence related to the accident. Your lawyer will also conduct depositions, where witnesses, experts, and parties involved are questioned under oath. This phase helps to build the facts and strengthen your case while also allowing the defendant’s legal team to investigate your claim.
After discovery, your case may proceed to pre-trial motions. These are requests made to the court, such as asking for certain evidence to be excluded. Then, the case will likely proceed to trial, where both sides will present their arguments, call witnesses, and submit evidence. Your lawyer will advocate on your behalf, making sure that the jury understands the full scope of your injuries and the defendant’s negligence.
However, many truck accident cases are resolved before trial through ADR methods like mediation or arbitration. In mediation, a neutral third party helps both sides negotiate a settlement. If mediation is unsuccessful, arbitration may be used, where an arbitrator makes a binding decision. A skilled lawyer can assess whether settling through ADR is a better option or if it’s worth going to trial.
Throughout the entire process, a lawyer’s experience is invaluable. They will handle all legal filings, negotiate with insurance companies, and represent you in court, ensuring that you receive the best possible outcome.
Recoverable Damages in a Semi-truck Accident Settlement or Lawsuit
Victims of semi-truck accidents may be eligible for a wide range of compensation to help cover the financial, physical, and emotional effects of the crash. The available compensation will depend on the severity of the injuries and the specific circumstances surrounding the accident. A skilled lawyer will ensure that all possible compensation is pursued.
One of the most common compensable damages is for lost earnings. If a victim is unable to work because of their injuries, they may be entitled to recover the earnings they would have earned while recovering. This can include not only past lost earnings but also future earnings if the injuries result in an ongoing disability. In some cases, victims may also be eligible for compensation for loss of earning capacity, which covers the potential income they will lose in the future due to their inability to return to their previous jobs or perform certain tasks.
Victims of semi-truck accidents may also be compensated for the emotional distress resulting from the trauma of the accident. This can include anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological conditions that arise from the experience. These emotional tolls can severely affect a person’s ability to live a normal life and may require long-term therapy or counselling.
Another compensable damage is for lost quality of life. This refers to the effect that the injuries have on a person’s ability to enjoy everyday activities, hobbies, or relationships. If the accident causes long-lasting physical limitations, the victim may be compensated for their reduced enjoyment of life.
Pain and suffering is also a key aspect of many truck accident claims. This compensation covers the physical and emotional pain that the victim experiences both in the past and in the future. For example, someone who suffers from chronic pain or permanent physical impairments may be entitled to compensation for the ongoing suffering they will endure.
In some cases, a victim’s spouse can claim loss of consortium, which compensates for the loss of companionship, intimacy, and support due to the injuries that their partner sustained.
Finally, in certain cases of extreme negligence or recklessness, victims may be awarded punitive damages. These are designed to punish the responsible party and deter others from engaging in similar behaviour.
Recovered compensation for these various losses helps truck accident victims recover, physically, financially, and emotionally, so they can begin to rebuild their lives after such a traumatic event.
Speak with a Knowledgeable Truck Accident Lawyer Right Away
If you or a person you love recently sustained injuries in a semi-truck crash, a skilled Edmonton personal injury lawyer can handle the entire process for you. Specifically, they will gather important documentation, file a claim with the negligent party’s insurance company, and negotiate for the settlement compensation you deserve. If the insurance company won’t make you a favorable offer, your lawyer can then pursue litigation in the court system.
