Truck Accident Compensation: The Claim, Injuries and Fault

Three percent of all traffic accidents on the roads of the United States involve trucks. Those trucks are responsible for 5,000 fatalities and 130,000 injuries on the roads each year. Trucks are an important part of the country’s economy because they transport food, clothing, electronics, and other items from manufacturers to retailers all across the nation. If the number of trucks on the roads declined, it would mean that the economy was declining drastically. On the other hand, trucks are incredibly dangerous to smaller vehicles because they are some 40 times heavier than passenger cars. A big rig is any truck that has a gross vehicle weight of 10,000 pounds or more. If you or a loved one has been injured in a truck accident, contact a truck accident attorney immediately for expert legal advice on obtaining compensation for your injuries.

The Victim’s Injuries

Victims of truck accidents can suffer mild to serious to fatal injuries. These injuries include trauma, concussions, comas, broken bones, fractures, lacerations, abrasions, severed limbs, emotional stress and much more. The victim of the accident can recover compensation for property damage, medical bills, hospital bills, economic damages, physical pain and suffering and emotional pain and suffering. In some instances, the victim of the accident can receive compensation for punitive damages. Punitive penalties are those imposed by the court that will punish the defendant for their actions, in hopes that the defendant will not perform the same acts again.

The Defendant

It is extremely rare for a truck driver to suffer injuries in a truck accident that involves a collision with another vehicle. It is also rare for a truck driver to suffer fatal injuries in a truck accident involving a collision with another vehicle. The reason for these rarities is that trucks are 40 times heavier than passenger vehicles, creating a strong force upon impact. The defendant in truck accident claims can be either the truck driver or the trucking company, and in reality, any manufacturer, marketer, designer, or retailer of defunct or malfunctioning parts on the semi can be held responsible. In some cases, multiple parties can be defendants in the one case.

Fault Factors

The United States Department of Transportation enforces an unsafe driving act, which details 26 unsafe driving actions by motorists. The 26 unsafe driving actions are:

• Driving inattentively
• Merging improperly into traffic
• Failure to stop at a stop sign or red light
• Failure to slow down in a construction zone
• Unsafe speed
• Following too closely
• Failure to slow down in inclement weather
• Changing lanes abruptly
• Driving in blind spots
• Unsafe turning
• Unsafe passing
• Pulling into traffic without accelerating properly
• Driving while impaired by alcohol or drugs
• Changing lanes in front of another truck
• Unsafe crossing
• Driving left of center into opposing traffic
• Failure to permit a truck to merge
• Failure to discern that the trailer of a truck is blocking the roadway
• Nearly striking the front or rear of a truck while changing lanes
• Moving to the right of a truck while the truck is making a right turn
• Operating at dawn or dusk without headlights
• Crossing a lane line near the side of a truck while passing
• Driving between large trucks
• Nearly striking a truck in the front or rear while it is stopped
• Nearly striking a truck that is unattended or parked roadside
• Abandoning a vehicle in a travel lane or impeding traffic

There are nearly an infinite number of potential truck accident causes and determining fault can be one of the most critical aspects of a truck accident claim. Hiring a qualified truck accident lawyer can ensure you have the best chance at recieving the compensation you deserve.