The USA has seen an overwhelming increase in truck accidents. Many of these wrecks end in serious injuries or death, leaving many to pursue compensation with the help of a truck accident lawyer.
At O'Connor, Acciani & Levy, we want to help you understand what causes truck accidents so that you know what immediate and long-term steps to take that will help you on the path to justice and maximum compensation.
Schedule Your Free Consultation
Common Causes of Truck Accidents
Improperly Secured Cargo
Failing to secure cargo properly is often cited as the number one cause of truck accidents. When cargo isn't secured correctly, it can cause the truck to:
- Veer into other lanes of traffic and collide with other vehicles
- Jackknife, causing the trailer to swing out and crash into cars, cyclists, and pedestrians
- Roll over and crush other vehicles in its path
- Spill hazardous materials onto the road, causing severe accidents
- Cause a distraction for the driver, leading to loss of control and collisions
- Interfere with the drivers' ability to maneuver the truck, forcing them to make sudden and dangerous movements
Accidents caused by improperly loaded cargo create catastrophic injuries that may require millions of dollars in lifetime treatment.
Tire Failure
Truck tires need to be in good condition to navigate the roads safely. When a tire fails at high speeds, it can cause the driver to lose control of the truck and collide with other vehicles. Common causes of tire failure include:
- Poor maintenance and inspection
- Overloading the truck beyond its weight capacity
- Low air pressure or overinflation
- Tread separation
Tire failure-related accidents can often be attributed to negligence and lack of proper maintenance by the trucking company or driver. When a tire blowout causes your truck accident injuries, seek legal support from a personal injury law firm that knows how to fight for the compensation you deserve.
Defective Brakes
Brakes are among the most important safety components of any vehicle. When trucking companies fail to properly maintain their fleet, or worse, use parts known to be defective, they put everyone on the road in danger. Common brake failures that can lead to truck accidents include:
- Brake fade or failure due to overheating
- Faulty brake lines
- Defective brake pads or shoes
- Malfunctioning anti-lock braking system (ABS)
- Issues caused by subpar repair, maintenance, or inspection
When brake systems fail, trucks are likely to cause incredible damage to anything in their path. The force of impact can cause destructive rear-end collisions, devastating head-on collisions, and deadly rollovers.
If you believe your truck accident injuries resulted from defective Brakes, don't hesitate to contact a lawyer who can help you recover fair compensation for your damages and losses.
Distracted Driving
An epidemic across the USA, distracted driving has drastic consequences when truckers are involved. The Federal Motor Carrier Safety Administration prohibits truckers from engaging in any of the following pursuits while driving:
- Texting or using a cell phone, unless it's a hands-free device
- Reading, writing, or sending emails
- Unnecessary reaching for items in the cab
- Eating and drinking
If you believe your accident injuries were caused by a distracted trucker, contact an experienced personal injury attorney who can help you hold them accountable for their negligence.
Fatigue
Research shows that driving while tired is just as dangerous as operating a motor vehicle under the influence. The Federal Motor Carrier Safety Administration sets strict regulations on how much time truck drivers can spend behind the wheel without taking a break.
Unfortunately, many trucking companies and drivers ignore these regulations in order to meet deadlines and make more money.
As a result, fatigue-related accidents are unfortunately common. However, just because it's a common cause doesn't mean it should be overlooked.
Seasoned truck accident lawyers can help you preserve evidence and build a strong case to prove that the driver or company was negligent in causing your injuries due to fatigue.
Inexperienced Drivers
Human error is the long-standing cause of any auto collision. When truckers are inexperienced or ill-prepared to operate a semi-truck safely, the chances of causing a severe accident increase significantly. Common mistakes made by inexperienced truck drivers include:
- Failing to check blind spots before merging or changing lanes
- Not properly adjusting driving style to the size and weight of the truck, leading to difficulty controlling it
- Violating traffic laws, such as speeding or running red lights
If you have been injured in an accident caused by an inexperienced truck driver, experienced personal injury lawyers can help you seek compensation for your injuries.
Intoxicated and Drugged Driving
Operating a truck while under the influence of drugs or alcohol is incredibly dangerous and can lead to catastrophic accidents. Truck drivers are required to adhere to strict guidelines set by the Federal Motor Carrier Safety Administration, including:
- Blood alcohol concentration (BAC) limit of 0.04%
- Prohibition of using any controlled substances without a prescription from a doctor
- Mandatory drug and alcohol testing before being hired
Despite these regulations, truckers may intentionally or unintentionally break the rules, creating an incredible risk of harm to others on the road. Driving under the influence is a serious offense in every state.
Those injured by intoxicated truckers have the right to seek compensation for the injuries and losses they have suffered.
What Injuries Do Truck Accidents Cause?
The type of injuries you could sustain from the many causes of truck accidents are diverse and can include:
- Whiplash: Damage to the soft tissues in the neck and shoulders is common in truck accidents caused by brake failures, distracted driving, and inexperienced drivers. These causes usually result in rear-end or head-on collisions, creating the abrupt jerking motion that causes whiplash.
- Traumatic Brain Injury (TBI): Blunt force head trauma often results from truck accidents caused by tire failures, distracted drivers, and intoxicated or fatigued truckers. These driving behaviors create catastrophic collisions with incredible force of impact.
- Spinal cord injuries: Damage to discs, nerves, or vertebrae in your spine can stem from accidents caused by uneven loads, reckless driving, and mechanical failures. These causes often lead to rollovers, head-on collisions, and side-swipes, all very likely scenarios that damage the spinal cord.
- Broken or fractured bones: The many causes of truck accidents can leave injured parties with several breaks and fractures. Whether thrown about in a rollover caused by uneven loads or pinned between vehicles in a head-on collision, bone breaks and fractures are an all-to-common, and expensive, occurrence in these crashes.
- Emotional and psychological trauma: Being involved in a truck wreck is highly traumatic. The emotional and mental anguish have a lasting impact on well-being and relationships. These intangible injuries may be recoverable in a personal injury claim or lawsuit.
Depending on the type of truck that hit you and the overall circumstances of the accident, you may suffer other injuries, including but not limited to:
- Burns from a fire or explosion
- Crush injuries from being trapped between objects
- Internal organ damage
- Paralysis
- Amputations
- Death
If you are suffering from these or any other injuries caused by the negligent or reckless actions of a truck driver or company, don't hesitate to seek medical and legal help as soon as possible. The sooner you begin the legal process, the sooner you can focus on your recovery and moving on from this devastating experience.
What Should I Do After A Truck Accident?
Regardless of what caused your truck accident, there are critical steps you should take in the days and weeks following the collision to support your claim or lawsuit:
- Seek further medical attention: It's possible that you were examined by medical professionals at the accident scene. However, their initial evaluation may not reveal all the injuries that you have suffered. To ensure your truck accident claim accounts for all your injuries, seek follow-up treatment from your healthcare provider.
- Contact a truck accident attorney: No matter how straightforward the accident seems, you should speak with a lawyer to understand your rights. An attorney can help determine if you can file a personal injury claim for damages and guide you through the process.
- Notify relevant authorities: Every state has specific statutes requiring drivers to report accidents to the police and their insurance company within a certain time frame. Failure to meet these deadlines can diminish or deny your ability to seek compensation for damages and injuries.
An attorney can also help with other important steps, such as evidence gathering, detailed record keeping, and communicating with insurance adjusters. Their assistance will be invaluable to anyone unfamiliar with the legal process or physically incapable of taking the necessary steps to seek compensation.
Who Is Responsible For Paying My Injuries and Losses?
The cause of the truck accident will likely determine the party or parties financially responsible for your injuries and losses. A lawyer can help you understand the potential defendants in your case, which may include:
- The truck driver: If the cause of the accident was related to the truck driver's actions, such as driving under the influence, reckless or aggressive driving, or driver fatigue, they may be held responsible for the damages and losses you've suffered.
- The trucking company: Trucking companies are often liable for the actions of their employees. If the cause of the accident can be traced back to the negligence or recklessness of the company, such as inadequate maintenance or improper training, you may be able to seek compensation from them.
- Vehicle manufacturers and parts suppliers: When accidents occur due to defective parts or equipment, the manufacturer or supplier may be held responsible for any resulting injuries and losses. This can include faulty brakes, tires, or other crucial components.
- Other third parties: Depending on the specific circumstances of your accident, other third parties could be held liable for your injuries and losses. These other parties could include maintenance companies, cargo loaders, or government entities responsible for roadways.
A lawyer can help you hold as many people or entities responsible for your accident as the evidence allows, maximizing your chances of receiving fair compensation for your injuries and losses.
How Much Is A Truck Accident Claim Worth?
Valuing damages and losses from a truck collision is no easy task. With a lawyer's help, you can better understand the full extent of compensation you may be eligible for, which may include:
- Current and future accident-related medical expenses
- Lost wages and diminished earning capacity resulting from the accident injuries
- Property damage, including vehicle repair or replacement costs
- Pain and suffering caused by physical injuries and emotional distress
- Loss of consortium with a spouse due to injuries sustained in the truck accident
While it is impossible to determine an exact figure for your potential settlement without assessing all relevant factors and evidence, working with a lawyer can help you negotiate a fair compensation amount.
Choose O'Connor, Acciani & Levy To Help You Recover Compensation After A Truck Accident
You may not have been able to avoid the circumstances that caused your truck accident. However, you can take control of your future by seeking help from experienced attorneys with a track record of helping accident survivors recover the compensation they deserve.
At O'Connor, Acciani & Levy, our truck accident lawyers aren't afraid to stand up to big trucking companies and their insurance providers. We will fight tirelessly to ensure you receive fair compensation for your accident-related injuries and losses.
Contact our firm online or at (513)-496-3841 for a free case evaluation and learn how we can help you recover after a devastating truck collision. O’Connor, Acciani & Levy, attorneys you know, attorneys you trust.
