Fully loaded tractor-trailers can weigh up to 80,000 pounds under federal law, and even an unloaded commercial truck considerably outweighs the average commuter car. When these large vehicles are involved in collisions with other cars at any speed, the results are often catastrophic for the occupants of the smaller vehicle.
If you were recently in a crash involving a tractor-trailer, or any other kind of commercial truck, you should reach out to an experienced injury attorney right away. With help from a Saline truck accident lawyer, you may have a much easier time proving fault and recovering compensation.
Common Causes Of Tractor-Trailer Accidents
Because large tractor-trailers have the potential to cause devastating accidents, the Federal Motor Carrier Safety Administration (FMCSA) sets rules and regulations for the trucking industry. The FMSCA dictates the maximum weight of loaded vehicles, training standards for new drivers, the maximum length of a shift for truck operators, and much more.
Many accidents stem from a failure to abide by those regulations. Some of the most frequent causes of truck crashes include:
Inexperience is another leading cause of commercial truck crashes. Driving a tractor-trailer takes skill and training. Massive commercial vehicles are harder to handle than typical cars. They take longer to slow down and require more physical force to make the truck come to a full stop. Trucks also make much wider turns. Truckers need to take those differences into consideration when driving. They should not tailgate the vehicles in front of them because they might not be able to stop. They also should make sure not to turn down narrow streets where they could hit other cars.
Distracted driving is another leading cause of commercial big rig accidents. Truck drivers have many different types of distractions that can take their hands, minds, or attention away from their driving duties. They frequently drive long hours by themselves on highways. To fight the boredom, they might reach for their cell phones to text, change the radio station, or use their CB radios. If they are in a rush, the truck driver might try to input information into their onboard computer or logbook while driving instead of waiting until they are pulled over and stopped. Truckers who are in a hurry might not take the time to stop to eat. They might try to have lunch or dinner on the road in order to get to their destination sooner. While holding a sandwich, drink, or fork in their hand, they might find handling a large commercial truck more challenging.
If you are unsure about the cause of your semi-truck accident, a dedicated Saline attorney can help you collect and review the available evidence.
Important Evidence in Truck Wreck Cases
A qualified truck accident lawyer in Saline can perform an independent and detailed investigation to learn why the accident happened and identify who bears potential legal liability.
Our team could begin by examining the evidence that is typically found in all motor vehicle accidents, such as the police accident report. They could closely examine the accident report to learn what kind of evidence there is and determine if there is a valid case. Our experienced legal team could also review any written eyewitness testimonies and then follow up with the witnesses to ask more detailed questions about what they observed at the crash scene or if they noticed anything peculiar in the truck driver’s behavior leading up to the collision.
To determine if the truck driver was using their phone at the time of the crash, our attorneys could follow the correct procedural protocols to obtain legal copies of the truck driver’s cell phone records. If there is a question as to whether the truck driver might have been drunk or using any prescription or over-the-counter drugs, the legal team could subpoena their medical records to learn about their blood alcohol level. If the crash occurred at or near an intersection with traffic cameras, the legal practitioners could carefully review the pictures. They could also interview homeowners and business owners near the wreck to determine if they have any video surveillance footage that shows the accident or anything leading up to it. Our seasoned legal team could also team up with qualified accident reconstruction specialists to get a full understanding of how the crash happened.
Commercial Truck-Specific Evidence
Truck accidents often have additional unique evidence when compared with standard motor vehicle wrecks, so it is critical to work with a legal office with experience handling litigation after these wrecks. For example, our firm could examine a truck driver’s logbook to learn about their route and how many consecutive hours they drove. We would also need to review the employee handbook and consult with other employees to see if the trucking company explicitly or implicitly encouraged their drivers to violate driving time restrictions and to see if the trucking company provided adequate training and background checks on new employees. Our Saline truck wreck attorneys could also carefully review the truck’s inspection and maintenance records to see if the trucking company kept their trucks in proper working order as well as examine how the truck was loaded to see if the cargo was overloaded or unbalanced.
Responsibilities and Liabilities in Truck Accidents
When a trucking accident occurs, most people look to the negligent truck driver as the primary cause of the crash. Even if the truck driver is responsible for causing a wreck, other parties might also bear some degree of fault.
Trucking Company
The trucking company that employed the truck driver could be vicariously responsible for the negligent actions of their at-fault employee. If a truck driver’s negligent driving led to a crash, the trucking company that employed that negligent driver could be legally responsible for the cost of the accident. Because trucking companies have deeper pockets and more assets than an individual truck driver, an injured party could potentially gain significantly more compensation in a lawsuit against a large trucking company than in a claim against just the individual truck driver.
The trucking company could also be directly liable for their own negligent actions. The company has a responsibility to hire responsible drivers. The company could be liable if it failed to perform background checks on new hires and employed a driver with a poor driving record, such as a history of getting into accidents or a prior record of driving under the influence. The trucking company is also responsible for training new drivers and not sending them off onto the roads without adequate guidance. Trucking companies should have detailed training plans and guidebooks to assist their new truck drivers as they join the company. If the company provided no guidance or training to a new driver and that trucker caused an accident, the trucking company could share the blame for the crash.
As part of their duty of care, trucking companies must also ensure that their trucks are in proper working condition. Companies must regularly inspect their vehicles to check them for wear and tear. If the trucking company failed to adequately maintain their trucks, it could be liable if a part malfunctioned and caused an accident.
Trucking companies are also responsible for correctly loading the cargo. If an accident occurs due to problems with the way the freight was placed on the truck, the trucking company could bear responsibility, unless the trucking company contracted with another loading company to provide that service.
Loading Company
Trucks are already inherently unwieldy, heavy, and hard to maneuver, even when they are empty. If their freight is not put into the truck and secured correctly, it could come loose and slip out of place. Unsecured objects could fall from the truck, resulting in hazards on the road. Unbalanced cargo could cause the truck to become even harder to handle, possibly causing the truck to overturn or the trailer to jackknife. The company responsible for putting the cargo on the truck could be liable if the truck veered out of control due to improperly loaded freight.
Truck’s Manufacturer
Automotive manufacturers are responsible for producing parts that are as safe as possible for their intended purposes. If a company is aware of a potential defect and fails to disclose it immediately and ask for a recall, the manufacturer could be liable if a truck malfunctioned due to an inherent manufacturing defect, such as faulty brakes.
Mechanics
If the trucking company had a regular mechanic on staff whose job was to inspect and repair the truck, that mechanic could be liable if wear and tear and negligent repairs led to a crash. If the trucking company contracted with a third party to service the trucks, that third-party mechanic could be legally responsible for problems resulting from improper maintenance.
Third-Party Drivers
Sometimes, other drivers’ actions contribute to trucking accidents. If a third-party driver cuts off a trucker at an intersection, they could be responsible and liable for causing a truck to roll over or jackknife if the truck driver is forced to slam on the brakes.
Municipal Authorities
Truck crashes can also occur due to poor road conditions resulting from adverse weather, poor road designs, hazards in the road, or confusing construction detours. A dedicated truck wreck lawyer in Saline can investigate how long the roads were in poor condition and if the municipal authority in charge of roadway maintenance and repairs acted negligently.
Insurance Companies Involved in Trucking Wrecks
Most negotiations will not be directly between an injured person and a negligent truck driver or trucking company. Typically, truck accident litigation involves insurance companies instead of the parties themselves. These insurance agencies that work for large trucking companies have extensive resources and are willing to fight aggressively to deny liability and protect their profit margins. They often try to get injured parties to settle for unreasonably low settlement figures, which is why working with a trusted legal team who could aggressively and fearlessly stand toe-to-toe against those insurance companies is critical. Our experienced Saline lawyers could skillfully negotiate for a fair value for all of your injuries after a commercial truck accident.
Common Injuries From Truck Accidents
Because of the immense size differences between semi-trucks and passenger cars, the potential for devastating injuries is significant. Massive commercial vehicles can crush smaller passenger vehicles, often resulting in life-altering injuries to the people trapped inside. People in collisions with trucks can experience many different types of injuries, including:
- Bone fractures
- Burns
- Head injuries and traumatic brain damage
- Back and neck trauma, which can result in debilitating pain and mobility impairments
- Cuts and lacerations, which can lead to disfigurement
- Internal bleeding and organ failure
- Spinal cord damage and paralysis
Crash survivors can also experience bouts of depression, anxiety, anger, and post-traumatic stress that require treatment. Our seasoned legal team could work closely with you to learn about all of your physical, mental, and emotional injuries resulting from the crash. We could also consult with your physicians and other medical experts to learn about your prognosis and whether your injuries could have a long-lasting effect on your future.
Sadly, some people die from their truck accident injuries. Our compassionate Saline truck wreck lawyers at Charles Boyk Law understand how the sudden loss of a loved one can completely change a family. Our caring team could work tirelessly to help a family receive the financial assistance they need and deserve in a wrongful death lawsuit against the responsible parties.
Recoverable Damages in a Saline Truck Wreck Case
The purpose of any personal injury case is to hold the person responsible for your injuries financially liable. You have the potential to recover for both economic and non-economic losses. Economic damages have a set monetary value, while non-economic damages are subjective.
A skilled lawyer can help you fight for compensation to cover losses such as:
- Past and future medical expenses,
- Replacement of a totaled personal vehicle,
- Physical pain and emotional anguish,
- Lost income,
- Lost future earning capacity,
- Permanent disability,
- Disfigurement, and
- Loss of enjoyment of life.
Exemplary damages may be available in cases involving malicious or willfully negligent behavior by a defendant (the person who caused the accident). If a truck wreck results in the untimely death of your loved one, a compassionate lawyer can also help you and your family members pursue a wrongful death claim.
What If I am Partially at Fault?
Just because you are injured does not mean you are immune from civil liability. The negligent trucker may argue that you bear some degree of responsibility for the crash, If they can prove their argument, you may have a much harder time recovering compensation for the full value of your damages.
Under Michigan Compiled Laws §600.2959, a civil court may reduce your final damage award proportionally by the percentage of fault assigned to you. Furthermore, if you are found more than 50 percent responsible for the truck accident, you will not be permitted to seek any compensation for non-economic damages. Working with a qualified attorney in Saline may be crucial to effectively fight back against accusations of partial fault in your tractor-trailer collision claim.
Seek Help from a Saline Truck Accident Attorney Today
Successfully recovering compensation for a truck accident can be a challenging endeavor. However, given the severe and often life-changing impacts of this kind of collision, you may need significant financial compensation to recover physically and emotionally.
With this in mind, you should consider retaining a Saline truck accident lawyer as soon as possible. Our legal team can help you file a suit or seek a private settlement. Contact us today to set up a free consultation. Our consultations are always confidential. Because our office has a no fee promise, unless you win, you do not have to pay.
