A truck accident crash can lead to severe injuries to the parties involved in the accident. It can also happen due to different causes.
Proving fault in such accidents may also be difficult due to various defenses. If you want to learn about different aspects of a truck accident case, you’re in the right place.
Let’s look at everything about it in detail.
Most Common Types Of Truck Accident Cases
Below are the top types of truck crashes that occur in the US:
1. Rollover Accidents
In the US about 1/5th of fatal truck accidents are rollover crashes. Such an accident happens when the truck’s control is lost. This can cause the large vehicle to slide and roll over.
When a truck rolls over on the road, it is extremely threatening for other drivers. This is why fatality is common in such crashes. The common causes behind a rolling truck include:
- Speeding of truck
- Turning too fast
- Crashing with another object
- Steep incline pathways
A truck driver must not exceed the limits of their vehicle by speeding it. They should also avoid drifting a truck on the road.
2. Jackknife Truck Accident Case
A jackknife truck accident case involves a big vehicle folding in half. This will lead to a perpendicular angle between the truck’s trailer and the cab.
The most common cause of such a truck accident case is braking too quickly. It can lead to the vehicle entering a different lane and crashing into other cars.
Such an accident can also cause the truck to block the road and may lead to a massive car pileup crash. This is why drivers must receive proper training for driving a truck to prevent them from braking inappropriately.
3. Wide Turn Accidents
A wide-turn truck accident case is also called a squeeze play crash sometimes. When drivers make a right turn, they must swing to the left a bit to ensure they can make the turn accurately.
Before making such a turn, a truck driver must see how many vehicles are behind it and how far. When they don’t watch their surroundings before the turn, it can lead to a crash.
The drivers near the truck may assume the truck wants to enter the left lane. This is why they may move towards the right side, which can cause the truck to squeeze into their car.
4. T-Bone Truck Accident Case
Accidents due to large trucks have increased by 26% from 2020 to 2021. This figure is rising with time due to more trucks on the road. A common truck accident case that has increased with time is T-bone crashes.
The top causes of T-bone truck crashes are:
- Running a red light
- Not stopping at an intersection
- Distracted driving
When a truck driver runs a red light, a car coming from the left or right side may crash into the truck. This causes the colliding vehicles to form a “T”, leading to the name of this crash type.
5. Blind Spot Crashes
Every driver must know the blind spot of their vehicle. Trucks have greater blind spots than other cars due to their large sizes.
Specific blind spots on the rear and side of a truck come under the no man’s zone. When a truck driver changes lanes and the other vehicle is in the truck’s blind spot, a deadly crash occurs.
The common sites where a blind spot truck accident case can occur include:
- Roundabouts
- Intersections
- Roads with multiple lanes
Such crashes may also occur due to the fault of other vehicles. For instance, you must maintain some distance from a truck when on the road.
Typically, if you can’t see a truck driver in the truck’s side mirror, it is likely the driver can’t see your vehicle too. This is why you should maintain a cautious distance to avoid getting into a crash.
6. DUI Truck Accident Case
About 37 people in the US die daily in drunk driving cases. These come under the driving under the influence (DUI) category.
Such accidents commonly involve car crashes or truck accidents. For instance, about 6.7% of large truck crashes occur because of the driver being intoxicated.
This percentage has risen with time due to more drunk drivers on the road. Sometimes the truck driver may not be intoxicated, but the other party in the crash may be under the influence of drugs or alcohol.
Such a truck accident case also comes under DUI. The difference will mainly lie in the liability.
7. Tire Blowout Crash
Another common type of truck accident case involves a tire blowout. If a tire blows on the road, the vehicle may swerve in different directions and end up hitting a car.
The most common cause of tire blowouts is the truck driver’s negligence. Drivers need to perform maintenance checks on their vehicles.
They must also check the tire health of the truck before going on the road. If a driver doesn’t perform these checks and experiences a tire blowout crash, they may be held liable.
Common Defenses For Truck Accident Case
A truck accident case may last for a few weeks to several months in court. That is because there are different defenses for such cases. Here are the top ones to watch out for:
1. Blaming The Truck Driver
Most truck accidents may occur because of the driver’s fault, but that is not true for all crashes. Some of them occur due to the other party involved in the accident.
However, other vehicle users rarely accept their fault in a crash. Instead, they blame the truck driver for driving too close to them or not maintaining appropriate speed.
Vicarious liability also applies to a truck accident lawsuit. This means the company may be held liable even if the crash happened due to the truck driver’s negligence.
The truck company may also shift the blame to the truck driver to avoid settling. They may state the driver was not performing a duty-related task.
This is why truck drivers often suffer because of the other party blaming them.
2. Comparative Fault Truck Accident Case
A comparative fault plea is one of the most common scenarios in a truck accident lawsuit. The at-fault party may want to reduce the damages they must pay for by putting some fault on the driver.
For instance, if a truck driver puts a post on social media while waiting in stuck traffic, the other party may use that to allege them of distracted driving.
The at-fault party may also mention the truck driver braked suddenly leading to the partial fault in the crash. Whatever the excuse, comparative fault can reduce the compensation the at-fault party has to pay.
For example, if you had a 25% fault in the accident, your compensation will be reduced by 25%. So the other party will have to cover only 75% of your injuries.
3. Blaming Your Injuries On Pre-Existing Conditions
The at-fault party may minimize their payout by blaming your injuries on pre-existing medical conditions. For example, if the truck driver was at fault, the truck company may protect themselves through this method.
They may mention your injuries are because of a priorly diagnosed health condition. If you suffered from a stroke due to the accident’s shock, the defense may put fault on your poor diet.
This is why hiring an expert personal injury attorney is necessary to win such a case.
4. Failure To Reduce Your Damages
According to legal rules, a plaintiff must reduce their damages through proper action. For instance, they must:
- Get timely medical attention
- Follow the doctor’s instructions
- Not do tasks that can aggravate their injury
- Maintain medical records through timely checkups
If you don’t get immediate medical attention, the defense may argue the injury turned severe because of your negligence.
They may also argue that you tried to increase your medical bills by delaying checkups to increase compensation value.
5. Phone Usage While Driving Or After The Crash
A common defense in a truck accident case is distracted driving. The at-fault party may allege you of using your phone on the road. They may even prove this by showing a social media story that you put around the same time.
For instance, you may put a story of being stuck in traffic a few minutes before the accident. The defense may argue that you were distracted due to phone usage.
Another way they may reduce your compensation is by undermining your injuries through your actions.
For example, a truck may hit your car, but you may not have severe visible injuries. So you may put an Instagram story with the caption “Got into a crash with a truck, but grateful to God for saving me.”
The story can serve as evidence that your injuries weren’t severe since you were healthy enough to upload a story. Of course, your symptoms may have appeared afterward.
Such defenses mainly reduce your compensation value.
Who Can Be Held Liable For A Truck Accident Case?
Let’s look at the parties who can be held liable for a truck accident case:
1. The Truck Driver
About 87% of truck accidents occur because of the driver’s fault. They may change lanes suddenly leading to different types of crashes.
A truck driver may also sleep behind the wheel on the road. Such an accident occurs when the driver is overworked.
They may also have been under the influence of drugs or alcohol. Whatever the case, the other party can hold the driver liable for causing the accident.
2. The Truck Manufacturer
A truck manufacturer can be held liable if the driver loses control of the vehicle due to a defect. For example, a truck driver may be using a new truck for the first time when its brakes don’t work.
The brakes may not have worked because of a machinery defect in manufacturing. In such cases, the injured parties can hold the manufacturer liable.
3. Company For Which The Driver Is Working
Vicarious liability allows victims to hold the truck company liable for an accident.
That is because any crash caused by a driver during their duty hours and performing a company-related task puts accountability on the employer.
This means an employer is held liable for their employee’s actions for duty-related tasks.
4. The Other Vehicle Driver
Sometimes truck accidents occur because of other vehicles on the road. For example, a truck driver may be making a turn after a green light when another vehicle speeds towards them.
This will cause the speeding driver to be at fault for the accident. So the truck company and driver can hold them liable for damages.
The Burden Of Proof In A Truck Accident Lawsuit
The burden of proof falls on the injured party in a truck accident case. You have complete rights to hold the at-fault driver accountable for injuries.
However, you must prove the following things to start the truck accident lawsuit:
- The at-fault driver had a duty of care towards you
- The at-fault party violated their duty
- The duty breach was the primary cause of the truck accident case
- You experienced injuries and financial losses due to the crash
Since the burden of proof is on you, it is essential to establish primary liability properly. A truck accident lawyer may help you in such cases.
Proving Negligence In A Truck Accident Lawsuit
Proving negligence in a lawsuit requires you to submit solid evidence. This can include:
- Police Report Of The Truck Accident Case
- Black Box Record can offer information on whether the vehicle was speeding and if brakes were applied
- In-cab camera footage to show whether the truck driver was alert or distracted
- Logbooks to prove the company was making the driver overwork leading to the crash
- Maintenance Record can prove if the truck’s poor health led to the accident
- Intoxication Test can directly prove the at-fault driver’s liability
- Witness Testimonies
Types Of Compensation You Can Claim From A Truck Accident Case
Let’s look at the types of compensation you can claim in a truck accident case:
1. Economic Damages
Economic damages involve monetary losses you experienced due to the accident. These can be:
- Medical expenses
- Repair cost of your vehicle
- Cost of replacement services
- Out-of-pocket expenses
The sum of your total expenses will be calculated to determine an accurate compensation value for economic damages.
2. Non-Economic Damages
Non-economic damages involve pain and suffering. These are mainly intangible losses that are difficult to calculate. A few examples of these damages include:
- Anxiety
- PTSD
- Lack of interest in life
- Pain after surgery
- Phantom pain if a limb was amputated after the crash
- Depression
- Insomnia
- Inability to perform tasks due to mental health changes
An expert lawyer can help you seek compensation for these damages easily.
3. Punitive Damages
Punitive damages don’t compensate the injured party accurately. The main feature of this claim is to punish the at-fault driver.
You may receive a financial award under punitive damages which serves as the driver’s punishment. It will not necessarily cover your other losses.
4. Wrongful Death Compensation
If you lose a loved one in a truck accident case, you may file a wrongful death lawsuit. This will cause you to seek compensation for financial losses caused by the passing of a loved one.
The compensation will also cover funeral costs, any hospital bills if the victim stayed in the hospital before passing, and property damage costs.
Average Truck Accident Settlement Amounts
The average settlement for a truck accident case is $73,000. This is mainly for crashes involving commercial or heavy trucks.
You may receive a greater figure, depending on your truck accident case factors. For example, a postal worker hit by a commercial truck received a settlement of $1.5 million in the past.
The amount may also be up to $300,000 for accidents involving tractor-trailers.
How Long Do You Have To File Your Claim?
You have two years to file a truck accident case if you suffered injuries due to the other party’s fault. This is called the statute of limitations.
If you don’t start a case within two years of the crash date, you cannot seek compensation later.
FAQs
What Happens When Someone Gets Hit By A Truck?
If someone gets hit by a truck, the truck driver or company may be held liable after the crash.
What Is The Meaning Of Liability Of Accident?
Liability determines who is at fault for a crash. If a truck driver causes an accident, they can be held liable to pay for the other party’s losses.
What Is The Liability Of Personal Injury?
Liability of personal injury is a claim against the party that caused the injury. The at-fault party must pay for damages to the injured person.
How Long Does It Take To Recover After Getting Hit By A Truck?
It can take two to three weeks to recover from mild injuries. However, it may take a few years to heal from severe wounds.
Contact A Personal Injury Lawyer In Florida For Truck Accident Cases
If you’ve been involved in a truck accident case, hiring a personal injury lawyer will be necessary. They will start your case to seek compensation for your injuries.
So get in touch with us now to meet our team of lawyers.
