What Are the Types of Injuries Suffered in Trucking Accidents?

Trucking accidents often result from the negligence of truck drivers or trucking companies. Common causes include driver fatigue, speeding, distracted driving, and improper vehicle maintenance. These factors can lead to accidents that cause severe injuries, such as broken bones, traumatic brain injuries, spinal cord damage, whiplash, and internal injuries. Victims may also experience emotional distress, such as anxiety or post-traumatic stress disorder (PTSD).

A Edmonton truck accident lawyer can investigate the cause of the accident, gather evidence, negotiate with insurance companies, and ensure fair compensation for lost wages and pain and suffering. They provide the legal knowledge and skills necessary to maximize the victim’s chances of a successful outcome.

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Most Common Causes of Trucking Accidents

Truck drivers and trucking companies have a significant responsibility to ensure their own safety, that of other drivers, and that of their passengers on the road. However, accidents still occur due to negligence in various forms.

One of the most common causes of truck accidents is driver fatigue. Truck drivers often work long hours to meet tight delivery schedules, leading to exhaustion. Fatigued drivers are more likely to make poor decisions, such as failing to notice important road signs, misjudging distances, or even falling asleep at the wheel. Despite regulations that limit driving hours, some drivers or companies ignore these rules to save time or money.

Another cause is distracted driving. Using mobile phones, eating, adjusting in-cab entertainment systems, or even engaging in conversations with passengers can all distract a truck driver. Distraction takes the driver’s focus away from the road, significantly increasing the risk of accidents. Even momentary distractions can lead to dangerous situations when operating a large vehicle at high speeds.

Improper maintenance of trucks is another major factor in collisions. Trucking companies are required to maintain their vehicles in safe working conditions. However, some companies may cut corners on maintenance to save money or because they are not properly overseeing their fleet. Poorly maintained brakes, tires, lights, or other key components can cause mechanical failures that result in accidents.

Speeding is a frequent cause of truck accidents as well. While there are speed limits in place to protect everyone on the road, truck drivers may exceed them to make deliveries faster. Given the size and weight of trucks, speeding increases the risk of losing control, especially in bad weather or on curves. Trucks require more distance to stop, so speeding reduces the driver’s ability to react to sudden changes in traffic or road conditions.

Improper loading and cargo securement can also lead to crashes. If a truck’s load is not evenly distributed or properly secured, it can shift during transit, causing the driver to lose control. Overloaded trucks may be harder to stop or maneuver, and they can also cause damage to roads and bridges, leading to further hazards.

Finally, alcohol or drug use, either due to the driver’s actions or inadequate oversight by the trucking company, is a major cause of collisions. Even though most truck drivers are subject to drug and alcohol testing, some still engage in this dangerous behaviour, impairing their ability to drive safely.

Most Common Injuries in Truck Crashes

Victims of trucking accidents can suffer a wide range of injuries, some of which are life-altering. The severity of these injuries often depends on factors like the size of the truck, the speed at the time of the accident, and the nature of the collision. When a truck driver or trucking company is negligent, the injuries sustained can be catastrophic.

• One of the most common injuries in trucking accidents is whiplash, which occurs when the force of the collision causes the head to snap forward and backward suddenly, damaging the muscles and ligaments in the neck. Whiplash can lead to chronic pain, stiffness, and limited mobility. In severe cases, it may even result in long-term disability.
• Traumatic brain injuries (TBIs) are another serious injury that victims can suffer, especially in head-on collisions or when the victim is ejected from the vehicle. TBIs can range from concussions to more severe injuries like contusions or bleeding in the brain. These injuries may result in permanent cognitive problems, memory loss, or difficulties with motor functions, and in some cases, can be fatal.
• Spinal cord injuries are also common in truck crashes, particularly when the collision involves a large truck rear-ending a smaller vehicle. A serious injury to the spine can lead to paralysis, either partial or total, and may require lifelong medical care. Victims may struggle with daily activities and face a long-term recovery process.
• In addition to injuries to the brain and spine, broken bones are frequent in trucking collisions. The sheer force of a truck colliding with another vehicle can result in fractured limbs, ribs, or even pelvises. Broken bones often require surgeries, long recovery times, and physical therapy. In some cases, multiple fractures can lead to permanent disability or the need for amputations.
• Internal injuries are also a risk as the force of the crash can cause damage to internal organs like the liver, spleen, or kidneys. These injuries may not be immediately apparent but can be life-threatening if not treated promptly. Victims may require emergency surgery to repair damaged organs and can face long recovery times.
• Finally, psychological injuries, such as PTSD, are common after trucking accidents. The trauma of the crash, combined with physical injuries, can lead to depression, anxiety, or flashbacks, significantly affecting the accident victim’s overall quality of life.

Evidence for Proving Injuries in Truck Accident Cases

When pursuing a claim or lawsuit for injuries sustained in a truck accident, the right evidence is vital for proving your case and securing compensation. The evidence you gather helps establish the severity of your injuries, the cause of the accident, and the liability of the truck driver or trucking company. Here are the most important types of evidence needed to prove injuries in a truck accident claim or lawsuit:

• Medical Records and Reports – One of the most important pieces of evidence in any personal injury case is medical documentation. This documentation includes hospital records, doctor’s notes, diagnostic reports (like X-rays or MRIs), and records of any surgeries or treatments you have undergone. These documents provide concrete proof of the injuries and a clear link between the accident and your injuries, and helping to demonstrate the severity and effect on your life.
• Photographs of Injuries and Accident Scene – Photographs of your injuries and the accident scene can visually show the extent of the harm you have endured. These visual pieces of evidence are often convincing in court or during settlement negotiations.
• Police Reports – Following a truck accident, police usually arrive at the scene and file a report. This document is important because it contains details about the accident, such as witness statements, the officer’s observations, and the initial conclusions about who was at fault. 
• Witness Testimony – Eyewitnesses to the accident can provide valuable testimony about how the crash happened and who was at fault. Their accounts of what they saw – especially if they noticed the truck driver’s negligent behaviour (for example, speeding or distracted driving) could support your claim. 
• Truck Driver’s Logs and Records – For cases involving trucking companies, the truck driver’s logs and maintenance records are important because they can show whether the driver was following proper regulations, such as taking required rest breaks or maintaining the vehicle. If there was a violation of hours-of-service rules or a mechanical failure due to poor maintenance, this evidence could help prove the trucking company’s negligence.
• Insurance Records – Insurance claims and communication with the insurance company are also important evidence. These records can demonstrate the extent of the damage to the vehicles and any settlement offers made. They can also show whether the trucking company or driver was properly insured, which is necessary for securing compensation.

Filing a Truck Accident Lawsuit

When you file a truck accident lawsuit, the process involves several steps that can take months or even years to resolve. Below is an overview of the key stages, including filing the lawsuit, discovery, settlement negotiations, and what happens during trial or alternative dispute resolution.

• Filing the Lawsuit – The first step in a truck accident lawsuit is filing a complaint with the appropriate court. This document outlines the legal basis for your case, including the truck driver’s or trucking company’s negligence, the injuries you suffered, and the damages you are seeking. Once the complaint is filed, the defendant (the truck driver or trucking company) is formally served with a copy of the lawsuit and given a set amount of time to respond.
• Discovery Process – Discovery is a pre-trial phase in which both sides gather evidence and information to build their cases. This process can take several months and involves various methods of collecting information, such as:

• Interrogatories – Written questions sent to the other party that must be answered under oath.
• Depositions – In-person interviews with key witnesses, including the truck driver, company representatives, and experts, in which they are questioned under oath.
• Document Requests – An exchange by both parties of documents relevant to the case, such as medical records, accident reports, insurance information, and driver logs.

Discovery allows both parties to assess the strength of each other’s arguments and can often lead to a settlement before the case goes to trial. During this phase, the evidence gathered helps clarify whether the case can be resolved through negotiation or if it requires a trial.

• Settlement Negotiations – Following discovery, the parties may engage in settlement negotiations, which is when the plaintiff (the party filing the claim) and the defendant (or their insurance company) attempt to reach a financial agreement outside of court. Settlement discussions can happen at any point during the lawsuit process, and many truck accident cases settle before they reach trial.

Your lawyer will evaluate any settlement offers based on the damages you have suffered, including lost income, pain and suffering, and inconvenience. If both sides agree on a settlement, the lawsuit concludes without a trial. If the parties do not reach a settlement, the case proceeds to trial or alternative dispute resolution (ADR).

• Trial or Alternative Dispute Resolution (ADR) – If the case goes to trial, a judge or jury will hear both sides of the case and decide the outcome. Trials can take several days, and both sides present evidence, call witnesses and make arguments. After deliberation, the jury or judge will render a verdict.

In some cases, the parties may opt for ADR, such as mediation or arbitration, to avoid the time and cost of a trial. Mediation involves a neutral third party helping both sides negotiate a settlement, while arbitration is a more formal process where an arbitrator makes a binding decision.

Having an experienced lawyer to guide you through each stage can ensure the best possible outcome for your case.

Call a Skilled Truck Accident Lawyer Right Away

If you sustained injuries in a trucking collision, a skilled Edmonton personal injury lawyer can be extremely helpful throughout your claim or lawsuit. Your lawyer will handle all settlement negotiations with insurance companies on your behalf and fight for your rights throughout the process. They can also litigate your case in court if the insurance company refuses to compensate you fairly.