When truck drivers and trucking companies make mistakes, such as by violating traffic laws or motor carrier regulations, serious accidents can happen. If you suffered injuries in a truck collision, you may be eligible to recover compensation for your accident-related losses.
An experienced truck accident lawyer can begin the claims-filing process by gathering important documentation and submitting this documentation to the truck driver or trucking company’s insurer. Your lawyer can then pursue the settlement compensation you need for your injuries. The amount of time it takes to settle a truck accident claim will depend on the severity of your injuries, the willingness of the insurance company to settle favourably, the circumstances of the case, and whether litigation is necessary.
A knowledgeable truck accident lawyer will do everything possible to settle your case as quickly and efficiently – and for as much money – as possible.
What are the Most Common Injuries in a Truck Collision?
Truck accidents often result in serious injuries due to the size and weight of the vehicles involved. Here are some of the most common injuries that people suffer in these types of accidents:
- Head and Brain Injuries – These injuries include skull fractures, concussions, and other traumatic brain injuries (TBIs). When a truck collides with a smaller vehicle, the occupants of the smaller vehicle can be thrown about, causing their heads to strike hard surfaces. This can lead to long-term cognitive issues, memory problems, and even permanent brain damage.
- Spinal Cord Injuries – The force of a truck accident can damage the spinal cord, leading to partial or complete paralysis. These injuries are often life-changing, requiring extensive medical treatment and long-term rehabilitation.
- Neck and Back Injuries – Whiplash is common in truck accidents, where the force of the collision causes the neck to snap back and forth rapidly. This can cause damage to the neck muscles and ligaments. Back injuries, including herniated discs, are also frequent and can cause chronic pain and mobility problems.
- Broken Bones – The force of a truck accident can easily cause bone fractures. Some fractures may require surgery to heal properly and can lead to long recovery periods.
- Internal Injuries – The force associated with a truck accident can cause internal organs to become damaged or even rupture. Internal bleeding is particularly dangerous because it isn’t always immediately visible and can be life-threatening if not treated quickly.
- Cuts and Lacerations – Broken glass, twisted metal, and other debris from a truck accident may cause deep cuts and lacerations. While some may only require stitches, others can be severe and lead to significant blood loss or infections.
- Burns – If a truck accident results in a fire or explosion, burn injuries can occur. Burns may range from minor to severe, requiring skin grafts and extensive rehabilitation.
- Psychological Injuries – Beyond the physical injuries, truck accidents can also cause significant emotional and psychological trauma. Survivors may experience PTSD, anxiety, and depression, which can affect their quality of life and require therapy to overcome.
Negligence that May Cause a Truck Accident
Truck accidents can be devastating, and many result from negligence on the part of truck drivers or trucking companies. Here are some of the most common types of negligence that can lead to such accidents:
- Truck Driver Fatigue – Truck drivers often work long hours to meet tight delivery schedules. Despite regulations limiting driving hours, some drivers ignore these rules to maximize their earnings. Fatigued driving can severely affect a driver’s reaction time and decision-making abilities, leading to serious accidents.
- Distracted Driving – Distractions such as texting, eating, using a GPS, or even daydreaming can take a truck driver’s attention off the road. Given the size and speed of trucks, even a momentary distraction can result in a catastrophic collision.
- Speeding – To meet delivery deadlines, some truck drivers exceed posted speed limits. Speeding reduces the driver’s ability to control the vehicle, increases stopping distances, and exacerbates the severity of any crash that occurs.
- Improper Maintenance – Trucking companies are responsible for maintaining their fleets in safe working order. Neglecting regular maintenance can lead to brake failures, tire blowouts, or other mechanical issues that may cause accidents.
- Overloading – Trucks have specific weight limits to ensure that they can be operated safely. Overloading a truck can affect its handling and braking, making it more difficult to control and increasing the likelihood of a rollover or other accident.
- Inadequate Driver Training – Proper training is essential for safe truck operation. If a trucking company fails to provide adequate training, drivers may not know how to handle difficult driving conditions or emergencies, leading to accidents.
- Driving Under the Influence – Some truck drivers may use drugs or alcohol to cope with long hours and stressful conditions. Driving under the influence affects judgment and reaction times, significantly increasing the risk of an accident.
- Failing to Follow Traffic Laws – Truck drivers who disregard traffic signals, make illegal turns, or fail to yield the right-of-way can cause severe accidents. Adhering to traffic laws is critical for the safety of all road users.
- Inadequate Supervision – Trucking companies must monitor their drivers to ensure that they are following regulations and driving safely. Lack of proper supervision can allow unsafe practices to continue unchecked.
Factors that Determine the Length of a Truck Accident Claim
The length of a truck accident claim can vary significantly depending on several factors. Here are some key elements that influence how long it takes to resolve such claims:
- Severity of Injuries – The extent of the injuries sustained in a trucking accident plays a crucial role. Severe injuries often require extensive medical treatment, which can take months or even years. A claim cannot be accurately valued until the full extent of the injuries is known.
- Medical Treatment – The duration and complexity of medical treatment also affect the timeline of a claim. If ongoing treatment or multiple surgeries are needed, the claim will take longer to settle. Medical records must be complete and comprehensive to accurately assess the claim.
- Liability Determination – Establishing who is at fault for the trucking accident can be a complex and time-consuming process. It may involve gathering evidence, interviewing witnesses, and consulting experts. If there is a dispute over liability, the claim can be delayed significantly.
- Insurance Company Cooperation – Cooperation from the involved insurance companies can also affect the timeline. Some insurance companies may quickly agree to settlements, while others may dispute the claim or offer low settlements, leading to prolonged negotiations.
- Accident Investigation – Thorough investigations are crucial to gather evidence, such as police reports, witness statements, and accident reconstruction analyses. This process can be lengthy, especially if multiple parties are involved or if the circumstances of the truck accident are complex.
- Legal Processes – If the claim cannot be settled out of court, it may proceed to litigation. Court processes, including filing lawsuits, pre-trial motions, discovery, and trial preparations, can take a considerable amount of time. The court’s schedule and backlog can also influence the timeline.
- Multiple Parties Involved – Truck accidents often involve multiple parties, including the truck driver, trucking company, manufacturers, and other drivers. Coordinating among various parties and their respective insurance companies can complicate and extend the claim process.
- Settlement Negotiations – Negotiating a fair settlement can be time-consuming. Both sides may need to go back and forth multiple times before reaching an agreement. This is particularly true if there are significant differences in the claim valuation.
- Documentation and Evidence – Gathering and organizing all of the necessary documentation, such as medical records, accident reports, and lost income documentation, can be a meticulous and time-consuming process. The completeness and accuracy of this documentation are essential for a successful claim.
What Happens if You Litigate a Truck Accident Case?
Litigating a truck accident case involves taking legal action through the court system to seek compensation for damages resulting from the accident. Here’s what typically happens during the litigation process:
- Filing a Lawsuit – If a settlement cannot be reached through negotiations with the insurance company, the next step is to file a lawsuit. This involves drafting and submitting a complaint to the court, which outlines the details of the trucking accident, the injuries sustained, and the damages being sought.
- Discovery Process – Once the lawsuit is filed, both sides engage in the discovery process. This phase involves gathering evidence, which can include medical records, accident reports, witness statements, and expert testimony. Both parties will request information from each other to build their cases. Depositions, where witnesses and involved parties are questioned under oath, are also conducted during this stage.
- Settlement Negotiations – Even after a lawsuit is filed, settlement negotiations can continue. In many cases, parties prefer to reach an agreement out of court to avoid the uncertainties and expenses of a trial. Mediation or arbitration may be used as alternative dispute resolution (ADR) methods to facilitate a settlement.
- Trial – If a settlement is not reached, the case goes to trial. During the trial, both sides present their evidence and arguments to a judge or jury. The plaintiff (the injured party) must prove that the defendant (the truck driver, trucking company, or other parties) was negligent and that this negligence caused the accident and resulting injuries. Witnesses, experts, and other evidence are presented and cross-examined.
- Verdict and Judgment – After both sides have presented their cases, the judge or jury will deliberate and reach a decision, including the amount of compensation (if any) to award the injured truck accident victim.
Litigating a truck accident case is a complicated and lengthy process. It requires patience, thorough preparation, and skilled legal representation to navigate successfully. A skilled truck accident lawyer can litigate your case through the court system efficiently and will aggressively represent you during all litigation proceedings, including your trial.
Recoverable Compensation in a Truck Accident Case
When you’re involved in a truck accident, the injuries and damages you suffer can be extensive. The law allows you to seek compensation for these losses. Here are some examples of recoverable compensation in a truck accident case:
- Lost Earnings – If the truck accident causes you to miss time from work, you can claim compensation for lost income. This isn’t just limited to the time you initially miss. It can also cover any future loss of earning capacity if your injuries prevent you from returning to your previous job or affect your ability to work in the same capacity as before the truck accident.
- Pain and Suffering – This type of compensation is for the physical pain and emotional distress resulting from the truck accident and your injuries. Pain and suffering are more subjective and can be harder to quantify, but they are a crucial part of your compensation. It includes not just the immediate pain you experience but also the long-term effects on your quality of life.
- Emotional Distress – Beyond physical injuries, truck accidents can leave lasting psychological effects, such as anxiety, depression, or PTSD. Compensation for emotional distress aims to address these mental health challenges and the ongoing treatment they may require.
- Loss of Consortium – If the injuries from your trucking accident negatively affect your relationship with your spouse or family, you can seek compensation for loss of consortium. This covers the loss of companionship, affection, and support resulting from the injuries.
- Punitive Damages – In cases where the truck driver or trucking company’s actions were particularly egregious or reckless, punitive damages may be awarded. These are meant to punish the wrongdoer defendant and deter similar behaviour in the future. They are not always available, but if they are, they can significantly increase the total compensation you recover.
Speak with a Knowledgeable Truck Accident Lawyer Today
If you suffered injuries in a truck accident, you want an experienced truck accident lawyer to advocate for you as quickly as possible. Your lawyer can swiftly investigate your accident circumstances, file a timely claim on your behalf, and resolve your case as quickly as possible. If the insurance company refuses to make you a favourable offer, your lawyer can efficiently litigate your case through the court system to a swift resolution. Consultations are free.
