The aftermath of an 18 wheeler accident can be overwhelming, leaving victims with injuries, property damage, and a tangled web of legal issues. Understanding what to do after such a collision is crucial to protect your rights and ensure you receive proper compensation. But, even more critical is preventing these accidents in the first place, considering their often catastrophic consequences.
A quick glance at national statistics paints a stark picture. Between 2020 and 2021 alone, fatal commercial truck accidents saw an alarming increase of 18%, as per statistics showing from the National Safety Council. This emphasizes just how vulnerable individuals in passenger vehicles are when sharing the road with commercial trucks.
Table Of Contents:
- What Causes
18 Wheeler Accidents? - The Severe Repercussions of an
18 Wheeler Accident - Protecting Our Communities from 18 Wheeler Accidents
- FAQs about 18 wheeler accidents
- Conclusion
What Causes
18 Wheeler Accidents?
The factors behind
18 wheeler accidents are multifaceted. Some result from unavoidable circumstances like bad weather or road conditions. Others stem from human error on the truck driver’s part. Some key factors contribute significantly to these collisions:
Driver Fatigue
Truck drivers face pressure to cover vast distances and adhere to strict schedules. Sadly, this can lead to inadequate rest and, in turn, driver fatigue, which diminishes alertness and reaction times. Driving at high speeds over 55 mph, compounded by factors such as poor weather or a light trailer, significantly increases the chance of a dangerous “jackknife” incident where the trailer spins uncontrollably.
Distracted Driving
The road demands a driver’s full attention, whether driving a car or a massive truck.
However, drivers can succumb to distractions from mobile phones, GPS devices, eating, or adjusting controls. A momentary lapse in focus can lead to disastrous consequences, especially when a crash involving an 18-wheeler.
Impaired Driving
Operating any vehicle under the influence of alcohol or drugs poses a grave danger to everyone on the road. The immense weight and size of an 18-wheeler make impaired driving even more deadly, with consequences likely to be severe. It’s essential to remember that trucking companies have a responsibility to employ qualified, safe drivers, and it’s within your rights to question these standards if you’re ever involved in an 18-wheeler accident.
Improper Truck Maintenance
Neglecting proper vehicle maintenance can contribute significantly to 18 wheeler accidents. Worn-out brakes, malfunctioning lights, faulty tires, and unsecured loads can compromise the driver’s control and increase the chance of a truck crash. Regular checks are vital to ensuring a truck is roadworthy and preventing accidents.
Sometimes, legal action involves not just the truck driver but also the trucking company itself if it can be proven that there was negligence in terms of driver screening, training, or the upkeep of the commercial vehicle. For instance, experienced legal professionals often utilize specialists such as accident reconstructionists to analyze crashes and determine fault, offering a helpful resource for those seeking justice.
Overloading
Cargo loads exceeding the truck’s safe carrying capacity endanger the driver and others on the road. An overloaded truck becomes less stable, takes longer to stop, and increases the chances of rollovers, making accidents far more likely. Imagine sharing the road with a big rig loaded beyond its capacity – it’s a situation rife with potential danger.
The Severe Repercussions of an
18 Wheeler Accident
Collisions with 18 wheelers often result in more serious injuries than typical car accidents. Because of their enormous size, they deliver tremendous force upon impact. Even a relatively low-speed collision can result in severe injuries such as broken bones, spinal cord trauma, traumatic brain injuries, and internal bleeding. In tragic instances, these crashes involving large trucks are fatal.
Who is Most at Risk in
18 Wheeler Accident
s?
Surprisingly, it’s not the truck drivers themselves. In fatal crashes, a staggering 97% of fatalities are the occupants of passenger vehicles, not the at-fault truck drivers. The disproportionate size and weight difference makes car occupants highly vulnerable in such collisions.
Steps To Take After an
18 Wheeler Accident
If you’re ever involved in an 18 wheeler accident, follow these essential steps:
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Seek medical attention:
Ensure everyone involved gets medical attention. Sometimes, the adrenaline rush after an accident masks serious injuries. Early medical evaluation not only addresses immediate health concerns but also documents injuries that might surface later.
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Contact the police:
Reporting the incident creates an official record of the crash. It is vital to document the scene. Secure witness testimonies if any are present. Gather information about the commercial vehicles involved, including the license plate, make, and model. If you’re capable, take photos of the accident site, showing vehicle positions, road conditions, and damage.
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Document everything:
This helps piece together the events later when dealing with insurance companies and legal representatives. Consider a notebook specifically for the accident. Meticulously record everything related to the incident, such as contact information, times of phone calls, what’s said in conversations, symptoms you’re experiencing, missed workdays, expenses incurred – even seemingly small details are worth noting.
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Consult a lawyer:
After an 18-wheeler accident, navigating the legal process can be incredibly complex. You’ll face insurance adjusters, company lawyers, and paperwork, all while potentially dealing with injuries and emotional distress. Experienced truck accident lawyers are dedicated to protecting the rights of victims and guiding them towards a fair resolution, reminding us that seeking civil justice is a legitimate and important part of the recovery process.
Navigating Settlements and Payouts
Understanding the financial aspect of a truck accident claim is natural. It’s crucial to be realistic about typical settlement values. Many mistakenly assume million-dollar payouts are common. However, the average jury award in a case involving an
18 wheeler accident
is a bit over $500,000. Notably, the median award stands at $90,000, illustrating the significant influence of a small percentage of extremely high-value cases.
There is a cap on non-economic damages like “pain and suffering,” varying by state. However, economic damages covering future medical needs or lost income face no cap, leading to higher payouts for individuals with high earnings who would’ve contributed substantially to their families.
Navigating Insurance and Legal Proceedings
Texas has specific laws designed to protect accident victims. Truck accident cases can be complex due to these regulations. The lawyer handling your case needs to be familiar with them. Otherwise, defense attorneys for trucking companies will have a significant upper hand.
Trucking companies are mandated by the Federal Motor Carrier Safety Administration to carry minimum insurance limits of $750,000. Experienced attorneys understand the intricacies of this industry’s insurance policies and can navigate them effectively on your behalf.
For instance, your commercial truck accident attorney in Maryland could help secure a better settlement for you than you might achieve on your own. Their understanding of Maryland’s specific truck regulations can be instrumental in your case. They will also be knowledgeable about the state’s unique traffic patterns and any relevant laws governing these large vehicles. If your attorney believes it’s in your best interests to take your case to trial, they will handle that process, too. A courtroom scenario introduces a range of considerations.
Trucking companies rarely offer settlements reaching millions of dollars. For instance, one lawyer shared that despite settling three truck accident cases for a total of $4 million, the combined offers received before filing lawsuits only reached $725,000. The reality is you often need to demonstrate a serious intention to fight for a fair outcome. Sometimes, filing a lawsuit is the only way to get them to budge.
Even if you and your lawyer feel you could potentially win $20 million, that’s often not realistically possible to collect because there are limits on the damages awarded in civil cases. In Maryland, for instance, in 2024, non-economic damages are capped at $935,000. For injuries, that means you cannot be awarded more than $935,000 for “pain and suffering”. This illustrates just one complexity surrounding truck accident lawsuits, emphasizing the necessity of having skilled legal guidance.
Protecting Our Communities from 18 Wheeler Accidents
Raising awareness about the dangers of 18-wheeler accidents and promoting responsible trucking practices is a collective responsibility. Consider organizations like the Child Safety Center as good resources. This non-profit, among others, provides valuable information and advocates for road safety measures, working diligently to educate individuals about sharing the road responsibly with these large trucks and emphasizing their potentially devastating consequences. Communities play a crucial role, too.
FAQs about 18 wheeler accidents
What are the common injuries associated with an 18 wheeler accidents?
An
18 wheeler accident
can cause serious and fatal injuries. Some of the most frequent injuries include broken bones, spinal cord injuries, brain trauma, internal bleeding, cuts and abrasions, burns, and even fatalities. Because the impact from these types of crashes can be more severe than that of a normal accident, always seek immediate medical attention, even if you believe you’ve escaped with just a few minor injuries.
How long do I have to file a lawsuit after an
18 wheeler accident
?
Like any lawsuit, there is a time limit within which to file. This is known as a “statute of limitations” and it can vary based on factors like where the accident occurred, what kind of case it is, and the state you’re in. The clock on the statute of limitations starts ticking at the moment the actual event (like the accident) occurs, and there are very limited circumstances when the clock might pause.
Consulting an attorney after a truck accident is important because not only is there this limited window for taking legal action, but preserving evidence is essential. The trucking company has their own reasons to maybe get rid of evidence that might hurt their side of things.
What should I do if the trucking company or driver isn’t cooperating after an accident?
Sometimes, after a trucking accident, there are additional legal arguments that attorneys use to hold those at fault responsible. If it can be shown that the trucking company was negligent in terms of properly vetting the driver or keeping the truck properly maintained, these issues are sometimes enough for them to be held accountable as well. Often, lawyers get an accident reconstructionist or even more specialists if it helps in the investigation process to get to the bottom of what really happened.
Unfortunately, not everyone always cooperates, and when it comes to truck accidents, that makes the process that much more complicated and frustrating, particularly when insurance adjusters enter the mix. Seeking out the support of legal experts who are familiar with how the trucking industry operates, as well as the ins and outs of cases just like yours, makes this whole situation so much easier.
Conclusion
An
18 wheeler accident
is not just another traffic mishap; it is a high-impact event capable of inflicting severe consequences. Awareness and shared responsibility play a key part in ensuring everyone’s safety. Should you or a loved one ever find yourself dealing with the repercussions of an 18-wheeler accident, remember to act quickly, protect your rights, seek legal guidance, and understand your path to fair compensation.
