Truck accidents can create legal issues for both the driver and any other vehicles involved in the collision. A victim may face various problems, including lowball offers from insurance companies, dealing with independently contracted drivers, different state legal requirements, and more.
One minute, you are driving peacefully on the highway, and the next, you have collided with a semi-truck. Where do you go from here? What is already a life-altering event is about to become even more frustrating when you have to deal with the legal aspects of the accident.
What Percentage of Accidents Are Caused By Trucks?
Trucks often cause the most damage, but they actually make up a relatively small portion of overall accidents. The National Safety Council states that in 2024, large trucks made up only 9% of vehicles involved in fatal crashes.
What Is the Most Common Cause of Trucking Accidents?
Speeding is one of the main causes of trucking accidents. Either the other vehicle is speeding to get around the semi-truck, or the truck is going too fast in general.
Driver exhaustion is another factor. Drivers often combat fatigue from long hours on the road. After a long day, tiredness, a shortened attention span, or drifting off behind the wheel can easily lead to a collision.
Distracted driving can also be a major culprit. What may seem like a glance away from the wheel to grab a snack or respond to a phone call can be life-threatening to other vehicles on the road.
Legal Challenges for Injured Drivers in Semi-Truck Collisions
When you have been involved in a collision with a semi-truck, it can be difficult to know how to proceed legally. Here are some of the legal problems that you may face while recovering from the accident.
Lowball and Rushed Settlements From Insurance Companies
Insurance companies do not want to pay out the maximum amount to victims. Therefore, they will try to lowball you at first with attractive offers, which are designed for you to accept so all parties can move on.
It is important to find legal representation that can handle these types of claims, especially if you suffer from extensive medical injuries. Working with the best personal injury lawyers in Houston, TX, will ensure you receive the compensation that you deserve.
Many injuries from car crashes are not apparent right away. You may think you are fine at first, which could prompt the insurance company to pay for minimal damages. However, extensive injuries down the road may end up costing a lot more.
Independently Contracted Drivers
It is more common for drivers nowadays to be independent contractors, rather than employed by a trucking company. While independent contractors have more freedom, the status can also make liability more confusing when accidents occur.
An independent contractor may not have a strong insurance policy to cover incidents like major collisions. Gaps in coverage can also make it difficult for victims to receive proper payouts for vehicle damage and injuries.
Gathering Sufficient Evidence
Truck accidents often occur on major highways, rather than surface streets. It can be challenging to find witnesses who saw the entire accident. Physical evidence might be scattered and impossible to retrieve.
Legal Complexities Depending on State
Every state has different laws regarding trucking and transportation. When truckers move between states, it gets even more complicated. You will likely need to build an argument based on a combination of state regulations and federal safety rules.
Shifting Trucking Company Liability
Trucking companies may try to dodge liability in the accident based on the cause and where it occurred. You will need to work with your legal counsel to prove causes of the accident that are directly related to the hiring company, such as failure to maintain equipment and drivers working over contracted hours.
Frequently Asked Questions
What Is the Deadliest State to Drive In?
USA Today reports that the state of Mississippi has the highest fatal crash rate out of all 50 states, with 24.9 deaths for every 100,000 residents. States in the Northeast corridor, like Massachusetts, New York, and Rhode Island, are some of the safest.
States like Mississippi do not have as many structured roads. Drivers are also more lax because there is a lower population density in rural areas. Unlike congested urban settings, it is much easier to become distracted or slip off a seat belt when no one is watching.
What Is the Number One Killer of Truck Drivers?
According to Land Line Media, truck driving is still one of the most deadly jobs in America. Transportation-related deaths are one of the most frequent events, and most of these involved another vehicle. 2024 numbers show that nearly 800 truckers died as a result of work-related accidents, more than any other industry.
Why Do Most People Quit Trucking?
Most people quit trucking because it can seriously affect physical and mental health. Sitting in the same position day after day can be mind-numbing. Additionally, being away from family is rough for truckers who want to have active home lives.
Many trucking companies promise home time they don't deliver, resulting in low job satisfaction. Combined with the general stress of the road and unhealthy conditions while driving, it is no wonder that many truckers are opting for safer positions that are closer to home.
How Long Is the Recovery Period After a Truck Accident?
It depends on the type of injury. Issues such as whiplash can usually heal in a few weeks, while major fractures or internal injuries could take months, or even years, to heal. Some injuries are permanent.
Talk to your doctor if you are unsure about your recovery timeline following a truck accident. This is especially important for disability and insurance payouts.
Understand Your Rights in Case of Truck Accidents
Truck accidents can be traumatizing and painful for everyone involved, especially those in the other vehicle. With this guide, you can navigate a complex legal landscape if you ever find yourself involved in a collision involving a truck driver.
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