The aftermath of a trucking accident can feel overwhelming, especially if you’ve suffered injuries or property damage . You’re likely facing mounting medical bills, lost wages, and the emotional distress of the experience. Seeking fair compensation for your suffering is a natural next step, and that’s where a trucking accident lawsuit might come into play. Many people think because a trucking accident involves bigger vehicles and more damage, the truck accident settlements will also be bigger; however, this is not necessarily true as other factors, such as the policy limit of the insurance policy, can affect this. You’ll need to fully understand how a trucking accident lawsuit works to decide if it’s the right path for your situation to hire a truck accident lawyer.
Table Of Contents:
- Understanding Trucking Accident Lawsuits
- Common Causes of Trucking Accidents
- Navigating the Legal Process in a Trucking Accident Lawsuit
- FAQs about Trucking Accident Lawsuits
- Conclusion
Understanding Trucking Accident Lawsuits
A trucking accident lawsuit falls under the umbrella of personal injury law. These lawsuits stem from the idea that individuals and companies have a legal duty to act with a reasonable level of care to prevent harming others. If a truck driver or trucking company breaches this duty through negligence – failing to meet acceptable standards of care – they can be held liable for the damages caused.
This area of law is the backbone of most trucking accident lawsuits. Understanding who can be held liable is critical to building strong truck accident cases.
Who Can Be Held Liable in a Truck Accident Case? 
Unlike a typical car accident, liability in truck accident cases, might involve multiple parties. It’s not just about the truck driver. Trucking companies, cargo loaders, maintenance providers, even the truck’s manufacturer – they could all share some degree of responsibility.
A thorough investigation aims to pinpoint precisely who acted negligently and contributed to the accident. This often involves gathering evidence such as police reports, driver logs, and black box data to determine if factors like driver fatigue, negligent maintenance, or improper loading played a role.
Proving Negligence in Court
Building a strong trucking accident lawsuit demands evidence. Photos, witness accounts, expert opinions, and medical expenses are vital in proving the truck driver or company’s negligence. Accident reconstruction experts can analyze the scene and the vehicles involved to determine the cause of the crash.
For instance, the Federal Highway Administration’s Driver Fatigue and Alertness Study revealed that driver fatigue amplifies the issues leading to trucking accidents. In cases where fatigue contributes to a crash, a truck accident lawyer can leverage this research to establish negligence in the truck accident claim.
Common Causes of Trucking Accidents
Trucking accidents aren’t like typical car crashes. The sheer size and weight of a fully loaded 18-wheeler, often exceeding 80,000 pounds, present unique risks on the road. The following are some specific challenges inherent to truck accidents cases:
Jackknifing
This occurs when the truck’s trailer skids and swings out, creating a dangerous V-shape with the tractor. It’s often triggered by sudden braking on slick roads or while traveling at higher speeds. Several factors significantly increase the risk, notably driving above 55 mph with a light trailer, facing challenging weather conditions, or maneuvering on a curved road.
Imagine an overloaded truck trying to make a sharp left turn – the potential for disaster is clear. The force of the load can easily overcome the truck’s braking power, causing the trailer to swing out and potentially collide with other vehicles.
Blind Spots
Big rigs have much larger blind spots than ordinary vehicles. Cars can get swallowed up in these zones, making it difficult for the driver to see them when changing lanes. Failing to account for these massive blind spots is a recipe for accidents . This is especially dangerous when a car is in a truck driver’s no-zone.
This challenge underscores the importance of drivers around large trucks exercising extreme caution, staying out of those danger zones as much as possible to prevent truck accidents and tragedies. Drivers should be particularly careful when passing a semi-truck, making sure to do so quickly and decisively.
Driver Fatigue
Driver fatigue is a serious problem in the trucking industry. Imagine a trucker under pressure to deliver goods on time, leading them to push past their limits and violate the hours of service laws. Fatigue impairs their judgment and reaction times, making them vulnerable to truck accidents waiting to happen.
The same study highlighted above shows that truck drivers get an average of just 4.8 hours of sleep . This lack of sleep can have a significant impact on a driver’s ability to operate a commercial truck safely. Other common causes of truck accidents include speeding, driving under the influence of drugs or alcohol, distracted driving , and improper loading.
Navigating the Legal Process in a Trucking Accident Lawsuit
A trucking accident lawsuit doesn’t mean an automatic trip to the courtroom. Many cases settle out of court through negotiations with the insurance company. But this isn’t about a quick payout. You deserve full and fair compensation for what you’ve lost, including medical bills, lost income, pain and suffering, and other damages, such as personal injury, brain injury, wrongful death, and numerous other consequences resulting from these accident cases.
If you feel like the insurance company is lowballing you or dismissing the extent of your suffering, don’t hesitate to push back. Seeking guidance from an experienced truck accident lawyer can level the playing field and ensure that your rights are protected. Get a free consultation to assess your case.
FAQs about Trucking Accident Lawsuits
What is the statute of limitations on truck accident lawsuits?
The statute of limitations dictates the timeframe for filing a lawsuit. If you are interested in filing a lawsuit against a negligent party, under the Code of Virginia §8.01-243 , you generally have two years from the date of the collision to file a lawsuit.
However, it’s essential to consult with an attorney as soon as possible after an accident. Waiting too long could result in losing your right to file a claim altogether. This is why it’s so important to retain evidence relevant to your truck accident case early on. This evidence can be used to support your claim and prove liability.
How much is my truck accident lawsuit worth?
There’s no single answer for that. Each case is unique, and several factors play a role, such as the severity of injuries, the extent of property damage, and lost income. A lawyer can help evaluate your specific circumstances to estimate the potential value of your case.
Keep in mind that the amount of compensation you receive will also depend on the insurance policy limits of the at-fault parties. In some cases, it may be possible to pursue a claim against your own insurance company if the at-fault driver’s insurance is insufficient to cover your damages.
What if I was partially at fault for the truck accident?
It depends on the laws in the state where the accident happened. Virginia, for example, follows a contributory negligence rule. According to the Code of Virginia §8.01-34 , if an injured party is found to be even slightly at fault for the accident, they are completely barred from recovering any damages. This rule means that if you are found to have any degree of fault, even as little as 1%, you cannot receive any compensation for your injuries or losses.
In other words, even if you were partially at fault for the accident, you may still be able to recover compensation for your injuries and other damages. This is why it is important to speak with a truck accident attorney, even if you think you may be partially at fault.
Conclusion
After a trucking accident, seeking justice and fair compensation for the losses endured can be a challenging path to navigate alone. Deciding whether to pursue a trucking accident lawsuit is a personal one, influenced by your specific circumstances and goals. Remember that knowledgeable legal representation can provide clarity, support, and a stronger stance in seeking the compensation you deserve.
