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Monetary Damages, Awards, and Settlements in Truck Accident Cases

Getting compensation for your losses and injuries after a truck crash may be more complex than simply filing an accident claim with an insurance company or bringing a personal injury lawsuit against the driver. This is because many commercial trucks and the drivers who operate them may be considered to be on the job when a collision occurs. This means that another potentially liable party, the employer and/or owner of the truck or trailer, is involved in many truck accident injury cases. The employer and/or owner of the truck may be liable in whole or in part for the crash, and this must be assessed along with the negligent or careless acts of the driver. Failing to do so can lead to an award that is less than what’s needed to fully address all of your losses and expenses.

Typical expenses that can be recovered through a truck crash lawsuit include:

• The cost of medical procedures, surgeries, prescription drugs, assistive devices, and other similar needs
• Home health care if such care is necessary for your recovery or recommended by your doctor
• Services to assist you in completing daily activities, such as help with grocery shopping or transportation
• Therapeutic or rehabilitative services to assist you in recovering functionality after your crash
• Wages you were not able to earn because you were not able to work due to your injuries or resulting complications
• Burial costs and final medical expenses in the case of a loved one who was killed by a truck driver
• Income that you will not be able to earn in the future because your injuries have created limitations that prevent you from taking advantage of work-related opportunities
• Compensation for pain, suffering, and anguish you experienced and will likely experience in the future because of the truck accident and the resulting physical and mental injuries

A skilled truck accident lawyer with Parker Waichman can help ensure that your truck accident lawsuit successfully and fully compensates you for your injuries so you are not required to bear the burden that a truck driver’s careless behavior created.

Act Promptly to Preserve Your Claim

You only have a short period of time in which to file a lawsuit with the help of a truck accident injury lawyer, as the laws of each state will only permit a truck crash lawsuit to be filed within a certain time period after the crash. A truck accident injury case filed after this period is likely to be dismissed, so it’s crucial to take action swiftly after your truck accident to preserve your ability to receive compensation.

In addition, moving quickly can ensure that important evidence can be found to back up your claim. In truck accident cases, evidence such as maintenance records of the truck, the driver’s personnel file or dashcam footage from the truck can be irretrievably lost if prompt action is not taken to preserve it. Businesses that maintain records as part of their operations will typically have policies under which they routinely archive or destroy records after a certain amount of time, but when you take legal action, preservation orders can be issued to stop these records from being destroyed and ensure that they are available to support your truck crash lawsuit.

Do I Have Grounds for a Claim?

Truck crashes and accidents that come about because the truck driver made a careless or reckless decision may lead to a successful truck accident lawsuit. This is because the law permits injury victims to obtain compensation from individuals and/or businesses who harm others through behavior that is careless, negligent, and/or reckless.

Truck driver behaviors that may form the basis for a successful lawsuit include:

• Drowsy Driving: Driving with too little sleep causes many of the same symptoms found in individuals who are under the influence of alcohol, such as delayed response time, inability to multitask, and poor decision-making. When a drowsy person gets behind the wheel of any vehicle, especially a multi-ton commercial truck transporting potentially dangerous cargo, that vehicle can become a weapon, inflicting serious injuries or death. Drivers of commercial trucks are limited in the number of hours they can be on the road before they must stop driving for the day, but some trucking companies pay bonuses when runs are finished faster, which encourages drivers to falsify logbooks and drive when they should not be behind the wheel. In these situations, both the driver and the trucking company may be held responsible for your losses.
• Driving Under the Influence of Medication, Alcohol or Drugs: The dangers associated with drunk driving are well known, but driving under the influence of drugs can be just as dangerous, even if the drugs are prescription medications or over-the-counter medicines. Of course, it’s illegal for truck drivers to consume too much alcohol and then get behind the wheel, but truck drivers must also remain aware of how things such as pain medications, cough syrups, and sleeping pills affect them. A truck driver who knows or who has reason to know that a certain product impairs their driving ability and uses it anyway can be held legally responsible for any crashes or injuries that result.
• Improperly Loading Cargo: The weight of the cargo a driver is hauling and the manner in which the cargo is loaded can have a significant impact on the handling of the truck. For example, cargo that is stacked too high or that is loaded too heavily on one side of the trailer or the other can increase the chances that the truck will overturn when turning. Similarly, an overloaded trailer can increase the likelihood of a jackknife accident or increase the amount of time and distance necessary to bring the truck to a stop. The driver as well as the loading company may be responsible for making sure that the cargo being transported is not too heavy and is loaded evenly on the trailer.
• Driving Carelessly or in Violation of the Law: Like the drivers of passenger vehicles, truck drivers can be tempted to speed, run yellow or red lights or fail to yield the right-of-way. And like drivers of passenger vehicles, truck drivers who commit these types of acts can be held legally responsible for the injuries they cause. Truck drivers can be liable whether or not they were intentionally violating traffic laws.

The Process of Pursuing a Truck Accident Injury Case

A semi-truck accident attorney will guide your case through up to four phases. How long each stage takes can vary widely due to a host of factors, some of which may be out of your attorney’s control.

The Investigation Stage

Evidence regarding your crash is gathered, and witnesses are interviewed to determine if you have a viable claim for compensation. During this phase, your truck accident attorney may file motions with the court to prevent important evidence the truck driver or trucking company may have from being destroyed.

The Initial Stage

Your lawsuit is filed with the appropriate court, and both you and the truck driver/trucking company have the opportunity to lay out the facts and law(s) you believe entitle you to a judgment in your favor.

The Discovery Stage

You and the other party or parties exchange evidence and depose witnesses the other side intends to use to support their claims at trial. Discovery is designed to help each party prepare their case and encourage the parties to settle their disputes if the evidence and witness testimony suggest that one side will likely prevail at trial.

The Trial and Post-Trial Stage

This is when your case is presented to a judge or jury, who will then return a verdict based upon their evaluation of the facts and consideration of the applicable law. If you prevail at trial, the judge or jury will also decide how much compensation you are owed. A party that loses at trial may have the ability to appeal the decision of the judge or jury to an appellate court if they believe there may have been errors in how the trial was carried out that impacted the outcome.

While retaining a truck crash attorney does not guarantee that your case will be resolved quickly, legal counsel can help keep your case on track and moving at a reasonable pace. At Parker Waichman, our team will work hard to move your case efficiently and expeditiously through the civil justice system without sacrificing your chances of success.

Truck Accident Injury Claim FAQs

How Common Are Truck Accidents?

Each year, approximately 500,000 accidents involve at least one large semi-truck. Out of these, roughly 5,000 of them result in a fatality.

What Primary Factor Causes the Majority of Fatal Car-Truck Crashes?

The top three factors that can significantly increase the chances of a fatal truck accident are exhaustion, speeding, and alcohol consumption. Though these factors may not cause an accident every single time they are involved, the risk of a fatal accident occurring is made much higher because of them.

Can You Survive Being Hit by a Semi-Truck?

Yes, it’s possible to survive being hit by a semi-truck. It’s even possible to walk away without any injuries at all. However, it’s also possible to suffer an injury so severe that it forever alters your life or even leads to your death.

What Do You Do if You Get Hit by an 18-Wheeler?

If you are involved in an accident with a semi-truck, you should immediately call 911 for medical assistance. Even if you seem OK, you could have internal injuries or head trauma that lower your chances of survival. You should also be sure to get a copy of the truck driver’s license and registration information, insurance details, and information about the company they work for.

Should I Speak With the Truck Driver or Trucking Company if They Call?

Be very careful about speaking with either the truck driver or company or anyone working on their behalf without having your own attorney present. Even seemingly innocent requests, such as a request to have you write down or recite your memory of the crash, may be used to limit or defeat your claim for compensation later. Your attorney can help protect you from these tactics and respond appropriately to legitimate requests from the other parties involved.

Can I Sue for Being Hit by a Semi-Truck?

Yes. If you have been injured after being struck by an 18-wheeler due to the driver’s negligence or carelessness, you may have the opportunity for legal action. More than likely, the best route for you to take in pursuing legal action would be to file a personal injury lawsuit.

Can You Sue a Trucking Company?

Yes. If you’re involved in an accident with a semi-truck, you can potentially sue both the driver of the truck and the company that they work for. In certain circumstances, you may even be able to sue the company that hired the trucking company to deliver their product.

How Long Do I Have to File a Case?

Each state has a specific deadline (otherwise known as the statute of limitations) that establishes the timeframe within which a truck crash lawsuit needs to be filed. Some states may only give injury victims one or two years from the date of the crash to file a lawsuit, while other states may allow more time. Speak with an attorney at Parker Waichman right away and one of our skilled attorneys can calculate the statute of limitations that will apply in your case.

Do Semi-Truck Accidents Go to Trial?

It’s possible for a case involving a semi-truck accident to proceed to trial, but more often than not, it doesn’t. Most semi-truck accident lawsuits are resolved with a settlement agreement and therefore have no need to proceed to the trial phase.

I’ve Been Offered a Truck Accident Settlement: Do I Need an Attorney?

Yes. In cases where the truck driver is clearly at fault, the driver (or their company or representatives) may attempt to approach you and offer you immediate compensation if you promise not to file a truck crash lawsuit. You should be wary of such offers, as the compensation offered may not be sufficient to address all of the expenses you are likely to incur and the maximum settlement you are entitled to. It’s generally advisable to speak with your attorney about settlement offers before you accept or reject them so that you fully understand the pros and cons.

How Can a Truck Accident Injury Lawyer Help Me?

Filing and prosecuting a truck crash lawsuit takes a considerable amount of legal knowledge and persuasive abilities. Whether researching case law and statutes or clearly explaining how a truck driver’s decision led to your injuries and accidents, Parker Waichman’s legal team can give you a significant advantage in your truck crash lawsuit. Our truck accident lawyers are intimately familiar with the laws applicable in these cases and are skilled in protecting your rights in and out of the courtroom. We file legal motions, locate and preserve evidence, comply with legitimate discovery requests, and present our clients’ cases with care and professionalism, taking on these burdens so our clients can focus on their recovery.

Are truck drivers limited, by law, to a certain amount of driving time?

Yes, truck drivers are subject to federal regulations that limit the amount of time they can spend driving in a given period. These regulations are designed to prevent truck driver fatigue, which can lead to accidents.

The Federal Motor Carrier Safety Administration (FMCSA) sets the hours-of-service (HOS) regulations that govern how long truck drivers can spend driving and work. These regulations include:

• 11-hour driving limit: Truck drivers may not drive more than 11 hours in a 14-hour period.
• 14-hour on-duty limit: After a driver has been on duty for 14 hours, they may not drive again until they have had a 10-hour break.
• 60/70-hour on-duty limit: Truck drivers may not work more than 60 hours in a seven-day period or 70 hours in an eight-day period. After reaching this limit, drivers must take at least 34 hours off-duty before they can work again.
• Rest breaks: Truck drivers must take a 30-minute break after driving for eight hours.
• Sleeper berth provision: Drivers who use a sleeper berth must take at least eight consecutive hours in the berth, plus an additional two consecutive hours either in the berth or off-duty.

It’s important to note that some states may have additional or more stringent regulations on truck driver hours-of-service. Additionally, trucking companies and drivers are required to maintain accurate records of their hours worked, which can be used to enforce the HOS regulations. If you’ve been involved in a truck accident, an experienced truck accident attorney can help determine if the driver and/or the trucking company violated HOS regulations and pursue a claim for compensation on your behalf.

Due trucking companies pressure their drivers to bend the law?

Unfortunately, some trucking companies do pressure their drivers to bend the law in order to meet delivery deadlines or otherwise increase profits. This can include asking drivers to exceed the hours-of-service regulations or overlook certain safety violations, such as truck maintenance or overweight loads.

This pressure can come in a variety of forms, including financial incentives, threats of job loss or reduced hours, or other forms of coercion. Some drivers may also feel pressure to bend the rules in order to keep their jobs or meet the expectations of their employers.

However, it’s important to note that not all trucking companies engage in these practices. Many companies prioritize safety and compliance with federal regulations and work to ensure that their drivers have the resources and support they need to do their jobs safely and legally.

If you were involved in a truck accident and believe that the trucking company or driver was negligent, an experienced truck accident attorney can help investigate the circumstances of the accident and determine if any safety violations or other forms of negligence played a role.

What are the Most Common Causes of Truck Accidents?

There are several factors that can contribute to truck accidents, but some of the most common causes of truck accidents include:

• Driver error: Truck drivers may cause accidents by driving while distracted, fatigued, or impaired by drugs or alcohol. They may also speed, tailgate, or fail to obey traffic signals or signs.
• Equipment failure: Malfunctions in the truck’s brakes, tires, or other equipment can lead to accidents. Poor maintenance or faulty equipment can cause equipment failure.
• Poor weather conditions: Rain, snow, ice, fog, and other weather conditions can make it a challenge for truck drivers to see the road and control their vehicles.
• Improper loading or securing of cargo: When cargo is not loaded or secured properly, the cargo can shift while in transit causing the truck to tip over or lose control.
• Improper lane changes or turns: Truck drivers who make sudden lane changes or turns without checking their blind spots or properly using their turn signals can cause several side-swipe accidents.
• Roadway defects: Poor road conditions, construction zones, and other roadway defects can cause accidents.

It’s important to note that truck accidents can involve multiple causes, and determining the cause or causes of an accident may require a thorough investigation. If you’ve been involved in a truck accident, it’s important to contact an experienced truck accident attorney who can investigate the accident and help you pursue a claim for compensation.

The Most Common Types of Trucking Accidents in the United States

There are several types of trucking accidents that occur in the United States, but some of the most common types include:

• Rear-end collisions: When a truck driver fails to stop in time and crashes into the vehicle in front of them, it can result in serious injuries or fatalities.
• Jackknife accidents: Jackknife accidents occur when a truck’s trailer swings out to one side, creating a “V” shape with the truck cab. This can be caused by hard braking, driving too fast for the conditions, or other factors.
• Rollover accidents: Rollover accidents happen when a truck rolls over onto its side or roof. These accidents can be caused by a variety of factors, including speeding, overloading, or taking turns too quickly.
• Underride accidents: Underride accidents happen when a smaller vehicle collides with the rear or side of a truck and becomes trapped underneath the truck’s trailer.
• Blind spot accidents: Trucks have large blind spots, or “no-zones,” where other vehicles may not be visible to the truck driver. Accidents can occur when a truck driver fails to check their blind spot before changing lanes or making a turn.
• Lost load accidents: When cargo is not properly secured, it can shift or fall off the truck, causing accidents or hazards on the roadway.

These are just a few examples of the types of trucking accidents that can occur in the United States. When you or a loved one are harmed in a trucking accident, it’s important to contact an experienced truck accident attorney who can help you understand your legal options and pursue a claim for compensation.

What types of injuries do people sustain in an 18-wheeler accident?

Truck accidents involving 18-wheelers can cause a wide range of injuries, from mild to severe. Here are some of the common types of injuries that people may sustain in a truck accident:

• Traumatic Brain Injury (TBI): TBIs can occur when the head strikes an object, such as the dashboard, steering wheel, or side window, or when the head is jolted or shaken violently. TBIs can result in a wide range of symptoms, from mild headaches to permanent brain damage.
• Spinal Cord Injury: Spinal cord injuries can cause partial or complete paralysis, depending on the location and severity of the injury. In severe cases, a spinal cord injury can be life-threatening.
• Broken Bones: The impact of a truck accident can cause broken bones, such as fractures to the arms, legs, ribs, or pelvis. These injuries can be painful and may require surgery.
• Internal Injuries: The force of a truck accident can cause internal injuries, such as damage to the organs or internal bleeding. These injuries can be life-threatening and may require emergency medical attention.
• Burns: Truck accidents can cause fires or explosions, which can result in serious burns. Burns can cause scarring, disfigurement, and permanent disability.
• Whiplash: Whiplash is a one of the most common injuries in rear-end collisions, which can occur in truck accidents. Whiplash can cause neck pain, headaches, and other symptoms.
• Emotional Trauma: Truck accidents can be traumatic events that can cause emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Death: Unfortunately, there are thousands of motorists killed in traffic accidents annually in the United States. The size and weight difference between passenger vehicles and 18-wheeler truck is why these types of accidents are often fatal.

It’s important to seek medical attention after a truck accident, even if you feel fine. Some injuries may not be immediately apparent, and prompt medical attention can help prevent complications and ensure that you receive the appropriate treatment.

How much insurance coverage are 18-wheeler trucks required to have?

The amount of insurance coverage that an 18-wheeler truck is required to have can vary depending on the state where the truck is registered and the type of cargo the truck is carrying. However, the Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance requirements for commercial motor vehicles, including 18-wheelers, that operate across state lines.

The minimum required insurance coverage for commercial motor vehicles is as follows:

• For general freight carriers with a gross vehicle weight rating (GVWR) of 10,001 or more pounds, the minimum coverage is $750,000.
• For carriers transporting hazardous materials, the minimum coverage varies depending on the type of material being transported, ranging from $1 million to $5 million.

It’s important to note that these are minimum coverage requirements, and many trucking companies may carry higher levels of insurance coverage. In addition, some states may have higher minimum insurance requirements than the federal minimum. It’s also possible that multiple insurance policies may be in effect for a particular truck, such as a primary policy and a secondary or umbrella policy.

If you’re involved in a truck accident, your attorney can help you determine the insurance coverage available and pursue a claim for maximum compensation.

What types of damages can be pursued after being injured in an 18-wheeler truck accident?

After an injury in an 18-wheeler truck accident, there are different types of economic and non-economic damages that may be pursued in a personal injury claim or lawsuit. These damages are designed to compensate the victim for the losses and expenses resulting from the accident. Some of the most common damages that may be pursued after an 18-wheeler truck accident include:

• Accident-Related Medical Expenses: This includes the costs of medical treatment, including hospitalization, surgeries, medications, and rehabilitation.
• Lost Income: If the victim is unable to work or loses income due to the accident, they may be entitled to monetary compensation for lost wages, including both past and future lost income.
• Pain and Suffering: This covers the physical pain and emotional distress caused by the accident.
• Rental Car Reimbursement: If your vehicle was inoperable after the crash, you may be able to receive compensation for car rentals.
• Property Damage: This includes the cost of repairing or replacing any property damaged in the accident, such as the victim’s car.
• Loss of Enjoyment of Life: If the victim is unable to enjoy life activities that they enjoyed prior to the accident, such as hobbies or sports, they may be entitled to compensation for this loss.
• Punitive Damages: In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are designed to punish the at-fault party for egregious or intentional conduct and to deter similar conduct in the future. It is important to know that punitive damages are not awarded in all truck accident cases. However, in cases of egregious misconduct, your truck accident attorney may be able to demand punitive damages under state law.

The specific damages that can be pursued in a truck accident case will depend on the circumstances of the truck accident and the extent of the victim’s injuries and losses. It’s important to work with an experienced truck accident attorney who can help assess the damages and build a strong case for maximum compensation.

Why retain a truck accident lawyer?

If you or a loved one have been harmed in a truck accident, it’s important to seek the help of an experienced truck accident lawyer. Here are the top five reasons why retaining a truck accident attorneys is beneficial to your claim:

• Knowledge and Experience: A truck accident lawyer has specialized knowledge and experience in dealing with truck accidents. They understand the laws and regulations that apply to the trucking industry, and they know how to investigate and evaluate a truck accident case.
• Protection of Rights: A truck accident lawyer can protect your legal rights and ensure that you are fairly compensated for any injuries or damages you have suffered.
• Handling Insurance Companies: Trucking companies and their insurance providers will often try to minimize the amount of compensation paid to the victim or their family. A truck accident lawyer can negotiate with these companies on your behalf and ensure that you receive the compensation you deserve.
• Investigation: A truck accident lawyer can investigate the accident, including reviewing the driver’s logbooks, maintenance records, and any other relevant evidence. They can also work with accident reconstruction experts to determine the cause of the accident.
• Litigation: If necessary, a truck accident lawyer can file a lawsuit on your behalf and represent you in court.

Overall, a truck accident lawyer can provide invaluable legal guidance and support throughout the process, ensuring that you have the best chance of receiving fair compensation for your injuries and losses.

How to choose the right truck accident attorney?

If you’ were involved in a truck accident and need legal representation, it’s important to choose the right truck accident attorney. Here are some steps to help you find the best truck accident attorney for your case:

• Look for Experience: Look for an attorney who has experience handling truck accident cases specifically. Ask about their experience, and make sure they have a track record of success in handling these types of cases.
• Check their Reputation: Check the attorney’s reputation by reviewing their website, online reviews, and testimonials. You can also check with the state bar association to see if the attorney is in good standing.
• Consider their Communication Skills: Choose an attorney who is easy to communicate with and who responds promptly to your calls and emails. Good communication is important to ensure that you are kept informed about your case.
• Review their Resources: Make sure the attorney has the resources necessary to handle your case. A good attorney should have access to expert witnesses and other professionals who can help build a strong case on your behalf.
• Assess their Fees: Our attorneys work on a contingency fee basis, which means we are only paid if we win your case.
• Schedule a Consultation: Schedule a consultation with the attorney to discuss your case and ask any questions you may have. This will also give you an opportunity to assess the attorney’s communication skills and whether you feel comfortable working with them.

Overall, it’s important to choose a truck accident attorney who has the experience, a good reputation, good communication skills, resources, and a fee structure that works for you. By following these steps, you can find the best attorney to represent you in your truck accident case.

Why retain Parker Waichman LLP for your truck accident case?

Parker Waichman LLP is a law firm that specializes in personal injury cases, including truck accident cases. These are the top five reasons why you should choose Parker Waichman LLP for your truck accident case:

• No Fees Unless You Win: Parker Waichman LLP works on a contingency fee basis, which means that you do not pay any fees unless they win your case. This can provide you with peace of mind, knowing that you will not incur any upfront costs or legal fees.
• Decades of Experience: Parker Waichman LLP has been handling personal injury cases, including truck accident cases, for over 25 years. The firm has a team of trucking accident attorneys who are dedicated to helping victims of truck accidents.
• Proven Results: The firm has a track record of success in obtaining substantial settlements and verdicts for its clients in truck accident cases. The firm’s attorneys have recovered millions of dollars in compensation for their clients.
• Resources: Parker Waichman LLP has the resources necessary to handle complex truck accident cases. The firm has access to accident reconstruction experts, medical experts, and other professionals who can help build a strong case on your behalf.
• Personalized Attention: The legal professionals at Parker Waichman LLP are committed to providing personalized service to their clients. They understand that every case is unique, and they work closely with their clients to develop a customized legal strategy that meets their individual needs.

If you or a loved one have been harmed in a truck accident and need legal representation, Parker Waichman LLP is a law firm that can provide you with the experience, resources, and personalized service that you need to obtain maximum compensation for your injuries and losses.

Has Parker Waichman LLP won any awards for excellent legal service?

Yes, Parker Waichman LLP has won several awards and recognitions for its work in personal injury law, including truck accident cases. Here are some of the awards and recognitions that the firm has received:

• Best Lawyers: Several attorneys at Parker Waichman LLP have been recognized by Best Lawyers, a peer-reviewed publication, for their work in personal injury litigation.
• Super Lawyers: The firm has been recognized by Super Lawyers, a rating service that recognizes outstanding lawyers, for several years. Several attorneys at the firm have been recognized as Super Lawyers or Rising Stars in the field of personal injury law.
• Martindale-Hubbell’s AV Preeminent Rating: The firm has received an AV Preeminent Rating from Martindale-Hubbell, which is the highest rating possible for legal ability and ethical standards.
• Million Dollar Advocates Forum: Several attorneys at Parker Waichman LLP are members of the Million Dollar Advocates Forum, which is a group of attorneys who have obtained million-dollar or multi-million dollar settlements or verdicts for their clients.
• American Institute of Personal Injury Attorneys: The firm has been recognized by the American Institute of Personal Injury Attorneys as one of the 10 Best Law Firms in New York for client satisfaction.
• AVVO – A near perfect rating on AVVO.com.

These awards and recognitions demonstrate the firm’s commitment to providing high-quality legal representation to their clients in personal injury cases, including truck accident cases.

Why Choose Parker Waichman?

When you work with our nationwide firm, a commercial truck accident lawyer near you can handle your truck accident case with skill and persistence. From the moment we take your case, your semi-truck accident lawyer will devote extensive resources to gathering and preserving the testimony of witnesses and evidence you will need for your case to be successful. Parker Waichman attorneys have collected more than $2 billion in monetary damages for our clients through zealous advocacy in and out of the courtroom. Our firm’s successes and commitment to our clients have also earned us numerous accolades from our peers and clients alike.