Your actions in the immediate aftermath of an accident with a semi-truck or other large commercial vehicle will significantly impact your case. If you or someone you know suffers injuries in a truck accident, an expert lawyer will help you pursue damages to cover medical costs, lost income, and other expenses.
Large semi-trucks and other commercial vehicles pose a serious threat to drivers in normal passenger vehicles. A collision with a multi-ton truck can inflict severe injuries on the victims of driver mistakes, improper maintenance, or faulty manufacturing.
Across the country, states and local jurisdictions and increasing their regulation of the trucking industry due to high incidences of accidents and other issues. Companies are pushing their drivers for too many hours on the road or putting too much weight on vehicles to try and earn more money per trip.
Logging more miles in shorter hours is a recipe for disaster, especially when driving a large truck with one or more trailers. A wrong move of feet and inches can mean someone’s death or lifelong disability.
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Knowing what to do after an accident will help you build a case and hold the trucking company, drivers, and any other liable parties responsible.
Anyone driving on today’s highways knows just how prevalent commercial trucks are. Whether you’re driving in the early morning or the middle of the night, you’ll see trucks scattered across the country’s roadways.
Not all trucks are the same, and the rules and regulations are often specific to the type of truck and what they are carrying. Here are some of the commercial trucks you’ll see.
These are some of the most common large trucks on the road. Usually, 18-wheelers are used to carry groceries, consumer goods, and other supplies to logistics centers around the country. From there, the goods are sorted and put into smaller delivery trucks. Tractor-trailers are the heaviest trucks moving inventories.
Smaller trucks pick up packages from logistics centers or warehouses and bring them to small stores, businesses, and houses. These are typically medium-weight trucks. These days, we see more delivery trucks on the road due to increased online shopping demand.
Dump trucks, cranes, cement trucks, and other construction vehicles are also a significant safety risk because of their size and weight.
Whether it’s school buses, public buses, or private commercial charter buses, these are large vehicles that usually must adhere to strict guidelines to safely operate on the road.
It’s normal for victims and their families to think that commercial trucks are treated the same as passenger cars when an accident happens.
That, however, is not the case. The prevalence of trucks and the risks involved in heavy vehicles means the law treats them very differently. The Federal Motor Vehicle Safety Regulations govern a wide array of maintenance, size, speed, and other rules regarding truck safety.
Trucks, in general, must follow a library of regulations to be considered road-worthy. If not, they face heightened liability in the form of fines and other penalties. If a non-compliant truck is involved in an accident, they typically have to pay more in damages and potentially face criminal penalties.
Having an expert truck accident lawyer on your side to pursue compensation and prove negligence is vital to the success of your case.
Commercial trucking tries to keep up with the speed of business. Currently and for the past several years, trucking owners and truck companies have been under increased pressure to deliver. There are several contributing factors, including:
Lack of Certified Drivers – If you scan the news, you’ll see mountains of reporting over the past year about how few commercial drivers are available. Companies need drivers, and the lack of available candidates is putting a crunch on ground transport and logistics.
When that happens, more inexperienced drivers are on the road and in charge of massive trucks. They may not have the training or hours on the road required to react to poor road conditions or prevent dangerous scenarios.
Higher Gas Prices – The high cost of gas puts more pressure on trucks to make every trip count. Some companies may be inclined to put too much weight on trailers which makes the truck more dangerous.
High Consumer Demand – Covid-19 and the years of lockdowns and remote working made people buy more goods online than anytime before. As a result, trucks have been tracking back and forth between states to meet delivery deadlines. When drivers log more hours, bad things happen.
Bored or Sleepy Drivers – When you spend weeks at a time on the road, it’s easy to become complacent. Plenty of commercial truck accidents in Florida and elsewhere happen because a driver is texting, talking on the phone, watching videos, or trying to look at their maps to find a faster way to their destination. Obviously, distracted driving is a major cause of accidents. Many drivers and the companies they work for exceed the maximum road time and fail to keep accurate logs (some actually create fake logs to cover their tracks). That way they can travel further and make more money….with the price being human safety.
There are many ways that truck accidents can cause injury and death. Here are a few.
Commercial drivers now have limits on how many hours they can drive per day. Currently, drivers can:
As you can see, even with the rules, drivers are working long hours. Every year, many accidents happen because the truck driver started to doze off and veered into another lane. And many do not adhere to the regulations.
Whether the truck is owned by a trucking company, a large conglomerate, or a small owner-operator, each owner must maintain the truck and keep its records up to date. Skipping oil checks, keeping old tires on for too long, not keeping the oil fresh, checking valves, and more are ways that people save money and pad profits.
However, these are all incredibly risky. Drivers need trucks that can respond when they need them the most. A truck that can’t maneuver through tight turns, keep tracking in wet conditions, and maintain high speeds for hours is more likely to encounter problems that pose risks to the drivers around them.
Here are some common causes of semi-truck and truck accidents:
Both the trucks and the drivers need to be on point to avoid unnecessary risks on the road.
With truck accidents, the stakes are high. If you are in a sedan, driving on a motorcycle, colliding with a loaded delivery van, or worse, a tractor-trailer can be incredibly dangerous. Small mistakes have outsized outcomes.
When people get in accidents with heavy trucks, they can experience some of the following injuries:
Severe injuries are life-changing. A small mistake by a truck driver or truck owner can ruin a family’s life forever. It can stop people from working jobs, costing them millions of dollars in future income. One minute, you’re driving and minding your business, and the next, you’re in the back of an ambulance.
The pain and suffering of injuries are big consequences of any truck accident. However, there’s more to it than that. Frequently, truck accidents put victims and their families in precarious financial situations.
When people can’t work, they struggle to pay for the normal cost of living. Everything, from gas to a trip to the grocery store, becomes stressful. It’s easy for the trauma of a truck accident to be compounded by the financial impact after the fact.
In addition to the lost income, families face high costs of medical care as they deal with the effects of truck accidents and truck driver mistakes. There is the initial emergency room visit, surgeries, skin grafts, physical therapy, medications, long-term hospital stays, and more.
In some cases, insurance can cover some or all of the costs. Most of the time people are left with no other realistic option other than to pursue a personal injury case to seek damages for their injuries.
Part of getting help from an expert lawyer is knowing what to do and what to say. They guide you in everything from where to get medical help and how you communicate with the truck driving company, their lawyers, and their insurance providers.
Unfortunately, most victims hire an experienced truck accident attorney only after the accident is over. Here, though, we offer some tips on what you should do if you ever get into an accident with a commercial vehicle.
Before anything else, call for emergency responder support. You or someone else at the scene may be injured. Surprisingly, many drivers who experience severe injuries don’t notice them immediately because of the adrenaline involved after an intense experience. If you feel any pain or lack of mobility, stay still and wait for the ambulance.
If you or any other passengers are able, do what you can of the following to gather evidence for your case:
Proving your case won’t happen overnight, but any detail will help your lawyer build a strong mountain of evidence against the at-fault parties.
The right lawyer will be critical to your case’s success. Typically, you can avail yourself of free consultations in-person or over the phone (ex., If you’re in the hospital and can’t make it to the lawyer’s office).
An experienced attorney can guide you to good medical resources, help with paperwork related to your case, manage correspondence between parties, and work to win you damages for your injuries.
Typically, lawyers will work for you and will ultimately take their fee out of any settlement or judgment you win. This type of payment agreement encourages victims to hire the best attorney they can find, and one with considerable experience winning significant verdicts for truck accident victims.
You will usually need to sign a written representation agreement to secure your lawyer’s services.
When your legal team works on your case, they immediately get started securing the necessary paperwork to prove negligence. Usually, this involves sending letters of preservation to the trucking company that prevents them from disposing of maintenance records, driver records, or any other documents pertaining to your case. These letters also prevent trucking companies from making changes to the truck and other related equipment. They essentially freeze evidence in time.
The other thing that a skilled truck crash lawyer will do is preserve evidence, identify and contact witnesses, and work with their investigators to assemble all evidence and documentation before it is destroyed, recorded over or lost. Remember, the trucking company’s insurance company has started working on this case from the minute the crash occurred. They are prepared for this and will do everything they can to deflect fault, blame you or someone else for their negligence. You want to hire a top notch truck crash lawyer as soon as possible so they can get a jump on the truck insurance company investigators and lawyers and protect your rights.
Maintain records, receipts, and any other relevant documents. Any trip to the doctor, emails about changes in your role at work, sessions with therapists, etc., are needed to show your injuries’ current and future costs. Keep everything that you can and give them to your lawyer.
No two truck accidents are the same. In a case with victims who experience serious injuries, every small detail matters. Small items could impact how the case is decided or the course of any settlement negotiations.
Hiring an expert lawyer is vital to the success of any case. They must show that the driver or some other party (owner, manufacturer, service company, etc.) was negligent and that their negligence led directly to your injuries or the death of a loved one. This typically requires years of experience working on similar cases.
The right lawyer will assess the impact of your injuries and fight aggressively to win suitable damages for now and in the future.
Truck drivers on the road have a duty of care to ensure their rigs are safe and they don’t present unnecessary risks to other drivers around them. Showing a history of careless driving and poor maintenance can establish the track record necessary to win your case. Likewise, a mountain of evidence from the scene, police records, cameras in the area, and more can prove your case definitively.
In many instances, trucking companies will offer to settle your case out of court. When a driver or some other defendant is clearly at fault, settlements are a faster, easier way to secure compensation for victims.
The main issue with settlements is knowing when to accept an offer and when to fight for more dollars. Victims may feel pressure to take an early but low offer because of the financial hardships they face. However, an experienced lawyer will know what your case is worth and when the settlement offer is a good one.
Look for a lawyer who is a board certified trial lawyer who has handled major truck crash cases. These are complex cases and involve the use of sophisticated experts and engineers to properly handle. Be sure that the lawyer you choose handles these cases, has a track record with successful outcomes (verdicts and settlements, and is recognized as being at the top of their field. You want to know that your lawyer understands the area of truck crash litigation. Is the lawyer and law firm recognized at a top tier lawyer or firm in the area? Are they recognized by Florida SuperLawyers, The Best Lawyers in America, U.S. News Top Law Firms, or “Florida Legal Elite” by Florida Trend magazine?
Make sure you have a good dialogue with the lawyer and that they answer your questions. Then you can begin working on your physical recovery while your lawyers and their team work on your legal recovery.
Truck accidents are treated very differently than passenger car accidents under the law. Commercial trucks are governed by the Federal Motor Vehicle Safety Regulations. They have a unique set of rules in terms of maintenance, size, speed, and other safety factors. Trucks must follow a comprehensive set of regulations to be considered road-worthy. Otherwise, non-compliance can result in heightened liability through fines and other penalties. If a non-compliant truck is involved in an accident, the responsible parties typically face greater damages and potentially even criminal penalties.
This specialized regulatory framework makes truck accident cases more complex, which is why having an expert truck accident lawyer is vital to proving negligence and pursuing proper compensation.
There are several types of commercial trucks operating on today’s highways, each with specific rules and regulations:
Tractor-Trailers (18-wheelers): Among the most common and heaviest trucks, used to transport groceries, consumer goods, and other supplies to logistics centers
Delivery Trucks/Vans: Medium-weight vehicles that transport packages from warehouses to businesses and homes, with increasing numbers due to the rise in online shopping
Construction Vehicles: Including dump trucks, cranes, cement trucks, and other specialized vehicles that pose significant safety risks due to their size and weight
Buses: Including school buses, public transit buses, and private commercial charter buses that must adhere to strict operational guidelines
Commercial tracking business are increasingly being pressured to keep up with the speed of business. Several factors are putting pressure on the trucking industry and increasing accident risks:
Lack of Certified Drivers: A shortage of qualified commercial drivers means more inexperienced drivers are operating massive trucks without adequate training or road experience
Higher Gas Prices: Increasing fuel costs pressure companies to maximize every trip, sometimes by overloading trailers which makes trucks more dangerous
High Consumer Demand: The rise in online shopping, particularly since COVID-19, has increased delivery demands, forcing trucks to make more trips and drivers to log more hours
Driver Fatigue and Distraction: Long hours on the road lead to boredom, fatigue, and distracted driving as operators try to text, talk on phones, watch videos, or check maps while driving
Exceeding Hours Limitations: Many drivers and companies exceed maximum road time limits and sometimes falsify logs to cover their tracks, allowing them to travel further and make more money at the expense of safety
These factors typically increase the risks of commercial trucks being involved in accidents.
Because driver fatigue is one of the risk factors in commercial truck accidents, driving hour limits is one of the most important policies being implemented. Commercial drivers have specific limits on their driving hours to prevent fatigue-related accidents:
Property-carrying truck drivers can work no more than 14 hours per day, with only 11 spent actively driving
Drivers working 7 consecutive days are limited to 60 total working hours
Those working 8 consecutive days are capped at 70 working hours
Commercial bus drivers are limited to 15 hours per day, with only 10 behind the wheel
Drivers must take at least a 30-minute break for every 8 hours of driving
However, even with these rules, drivers work long hours, and many accidents occur when tired drivers doze off or lose focus. Unfortunately, some drivers and companies ignore these regulations to increase profits, creating significant safety hazards.
Truck accidents frequently result from preventable mistakes by drivers and trucking companies:
Missed or Casual Inspections: Skipping thorough vehicle checks to save time or money
Poor Driver Training: Inadequate preparation for handling large commercial vehicles safely
Improper Loading Practices: Incorrectly secured or distributed cargo that can shift during transit
Speeding: Driving too fast for conditions or to meet tight delivery deadlines
Shifting Loads: Improperly secured cargo that moves and affects vehicle stability
Aggressive Driving: Unsafe maneuvers like tailgating, abrupt lane changes, or road rage incidents
Poor Maintenance: Neglecting oil changes, tire replacements, brake inspections, and other critical upkeep
Distracted Driving: Using phones, eating, or engaging in other activities while driving
Both the physical condition of the trucks and the alertness of their drivers are essential to avoiding unnecessary risks on the road.
Due to the size and weight disparity between commercial trucks and passenger vehicles, truck accidents often cause severe injuries such as:
Burns
Broken Bones
Damaged Nerves
Traumatic Brain Injuries
Significant Blood Loss
These severe injuries can be life-changing, preventing victims from working and costing them millions in future income. A small mistake by a truck driver or trucking company can claim a victim’s life in seconds and change their family’s life forever.
After a truck accident, follow these steps:
Acting promptly and properly helps preserve crucial evidence and protects your legal rights. Hiring an expert an expert truck accident lawyer as soon as possible will help with these important tasks.
When your legal team begins working on your case, they typically send letters of preservation to the trucking company. These documents serve crucial functions:
Prevent Document Disposal: They legally prohibit the trucking company from disposing of maintenance records, driver logs, or any other documents relevant to your case
Protect Physical Evidence: They prevent trucking companies from making changes to the truck or related equipment involved in the accident
Freeze Evidence: They essentially preserve evidence in its state at the time of the accident
These letters are vital because trucking company insurance providers begin working on cases immediately after accidents occur. They are prepared to deflect fault and may attempt to blame victims or others for their negligence.
Hiring a skilled truck crash lawyer quickly ensures they can gather and preserve evidence before it’s destroyed, recorded over, or lost, helping to counteract the insurance company’s efforts.
The pain and suffering of injuries are big consequences of any truck accident. However, there’s more to it than that. Frequently, truck accidents put victims and their families in precarious financial situations.
When people can’t work, they struggle to pay for the normal cost of living. Everything, from gas to a trip to the grocery store, becomes stressful. It’s easy for the trauma of a truck accident to be compounded by the financial impact after the fact.
In addition to the lost income, families face high costs of medical care as they deal with the effects of truck accidents and truck driver mistakes. There is the initial emergency room visit, surgeries, skin grafts, physical therapy, medications, long-term hospital stays, and more. In case of long-term or permanent disabilities, some families may even need to make renovations in their home.
In many instances, especially when the driver or their company is clearly at fault, trucking companies will offer to settle your case out of the court. Indeed, settlements are faster and easier in terms of securing compensation for victims.
Due to the overwhelming financial burden after a trucking accident, victims and their family members may feel pressured to take an early offer. However, these kinds of accidents have more long-lasting rather than immediate financial costs. Hire an experienced lawyer to know what your case is worth and what settlement offer is enough to cover a significant amount of your immediate and future costs.
Finding the right attorney is crucial for truck accident cases. It can make or break your case. When selecting representation, consider these factors:
board-certified trial lawyer with specific experience handling major truck crash cases
a proven track record of successful outcomes (verdicts and settlements) in similar cases
being recognized top-tier in their field by organizations like Florida SuperLawyers, The Best Lawyers in America, U.S. News Top Law Firms, or “Florida Legal Elite” by Florida Trend magazine
access to and work with sophisticated experts and engineers necessary for complex truck accident litigation
presence of good communication—make sure they answer your questions thoroughly and make you feel comfortable
a solid understanding of the specialized area of truck crash litigation and related regulations
With the right legal team working on your case, you and your family can focus on physical recovery while they handle the complex legal aspects of securing appropriate compensation for your injuries and losses.