The most important thing to know after a truck accident is that securing one’s safety and health should be the top priority.
This means seeking further medical attention after leaving the scene and contacting a personal injury law firm to help secure compensation for damages.
Underestimating these priorities after a truck collision leaves survivors struggling to cover medical bills and losing means of income.
When accident survivors learn how fault and liability factor into the complex circumstances of a truck collision, they can confidently pursue legal action to reclaim their health with the support of a Lancaster County personal injury lawyer.
What Makes Truck Accidents So Dangerous?
The damage in these accidents can be determined by the size and weight of the vehicle involved in the collision.
Trucks are defined by their gross vehicle weight rating (GVWR), which includes passengers, cargo, and trailer.
The Federal Motor Carrier Safety Administration (FMCSA) has set standards for trucks based on their GVWR, with commercial trucks exceeding 10,000 pounds.
These vehicles are subject to additional safety regulations due to the potential for more significant damage and harm in accidents.
Multiple vehicles fall into the classification of truck for a personal injury lawsuit, including:
- Semi-trucks
- 18-wheelers
- Tractor-trailers
- Delivery trucks
- Dump trucks
Basically, any heavy-duty work vehicle used to tow or haul materials could be considered a truck.
Understanding the specifics of these regulations is challenging, so it is essential to consult a truck accident lawyer for guidance.
Where Do Truck Collisions Happen?
Truck collisions can happen anywhere and at any time, including but not limited to:
- Highways and interstates
- Rural roads
- Construction zones
- Parking lots
- Residential areas
- Intersections
Whether delivering mail, picking up garbage, or en route to a final destination, truck drivers are responsible for following safe driving practices in these locations.
Unfortunately, despite higher safety standards, these accidents still occur due to:
- Driver fatigue
- Distracted driving
- Improper maintenance and oversight
- Speeding and aggressive driving
In any of these scenarios, a personal injury attorney can help navigate the legal process to hold responsible parties accountable. This can include seeking compensation for medical expenses, lost wages, property damage, and pain and suffering.
Types of Truck Collisions
Rear-end collisions remain the most common type of truck collision, accounting for nearly one-third of all annual collisions.
However, these accidents are far from the only kind of truck crash, with the most notable including:
- Jackknife accidents: Occurs when a truck’s cab and trailer fold in towards each other, often resulting in multiple-vehicle collisions.
- Rollover accidents: Often caused by overloading or poor cargo distribution, these accidents can result in severe injuries and damage to surrounding vehicles.
- Underride accidents: Negligent truckers who fail to check their blind spot may inadvertently trap another vehicle underneath their trailer, causing severe damage and potentially fatal injuries.
- Lost load accidents: Improperly secured loads can fall off trailers, causing collisions and road hazards for other drivers.
- Wide turn accidents: Common with new and impaired drivers, wide turns can result in collisions with vehicles, pedestrians, or bicyclists who cannot move out of the way in time.
Initially, it may seem like the injured party is at fault for the truck collision. However, investigations often reveal negligence by the trucker or their employer.
By seeking legal counsel, injured persons can better understand their rights and options in pursuing compensation for damages.
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Are Truck Accident Injuries Catastrophic?
If left untreated, even the most minor injuries can lead to long-term health complications, including but not limited to:
- Head and neck injuries: Manifesting as concussions, whiplash, or brain damage, head and neck injuries cause severe pain and long-term cognitive impairment. Unfortunately, the symptoms of these injuries often go unnoticed until it is too late for effective, affordable treatment.
- Spinal cord damage: Common in rollovers and t-bone collisions, spinal cord injuries can result in paralysis and permanent loss of vital motor functions. Even minor damage to the spine can lead to chronic pain and immobility, impacting one’s ability to work and enjoy daily activities.
- Broken bones: The sheer force of a collision can cause multiple fractures throughout the body, resulting in lengthy recovery times and potential long-term disabilities.
- Internal organ damage: When collisions tear apart our insides, the aftermath can result in long-term health complications or fatalities. Despite legal options for compensation, no amount of money can erase the physical and emotional trauma associated with internal organ injuries.
- Burns and lacerations: Explosions, fires, and flying debris can cause severe burns and cuts. Even with proper treatment, it is likely that injured parties will be left scarred, disfigured, or permanently disabled.
- Emotional and psychological trauma: Intense phobias, mood disorders, and diminished quality of life can arise in those involved in a serious collision.
The catastrophic effects of truck accidents on immediate and long-term health are inescapable. As such, survivors or their families can significantly benefit from compassionate, comprehensive legal representation that maximizes compensation.
Should I Call the Police After An Accident?
It is crucial to call the police as soon as possible any time a commercial truck is involved in an accident.
Not only is it required by law in most states, but having a police report can also help determine fault and establish substantial evidence for a potential legal case.
When the police arrive, provide them with all necessary information about the accident, including any injuries sustained and damages to vehicles or property.
Failure to call the police and report the accident can significantly impact the ability to seek compensation for damages.
Insurance companies may also use this as evidence of negligence, making it more challenging to negotiate for appropriate damages.
Even if the truck driver or their company offers to settle the case without involving the police, it is still important to contact law enforcement.
The driver may have unknowingly violated state or federal regulations, and a police report will help protect legal rights and hold them accountable for their actions.
Will Insurance Cover My Injuries and Damages In A Truck Crash?
An insurance company may cover accident injuries and damages.
However, as with any insurance claim, there are always factors that complicate the process or result in a denial of coverage, including but not limited to:
- Multiple parties: Commercial truck collisions may involve multiple parties who could share a percentage of the fault. This can lead to disputes and lengthy legal battles.
- Insurance policy limits: Though commercial vehicles operating for business purposes must carry insurance coverage, the policy limits may still be insufficient for catastrophic injuries that cost millions of dollars over a lifetime.
- Difficulty proving fault and liability: Sometimes, the truck driver or their employer may blame the other for negligent behavior or illegal operating practices. This makes it difficult for insurance companies to provide speedy, wholly sufficient compensation.
Even when none of these issues are a factor, it’s still possible to mess up the claims process and receive less compensation than deserved.
How Much Is My Personal Injury Case Worth?
Laws and regulations governing truck collisions vary state to state. The value of a case will depend on many factors, including but not limited to:
- Severity of injuries
- Long-term impact on health and ability to work
- Property damage costs
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress and mental anguish
Accurately assessing the value of damages without a truck accident lawyer is challenging.
However, based on case results from award-winning personal injury attorneys, one could expect to receive compensation for:
- The upfront and future costs of medical care
- Loss of wages and future earning potential
- Pain and suffering, both physical and emotional
- Property damage costs
- Rehabilitation and therapy expenses
An initial consultation with a personal injury law firm can help determine what to expect regarding compensation for damages.
How Does A Personal Injury Claim Work?
The Legal Process
In most personal injury cases, the first step is to file a claim with the at-fault party’s insurance company.
This usually involves submitting evidence such as medical records, police reports, and witness statements to support a claim.
The insurance company will then investigate the accident and determine liability.
They may also offer a settlement amount, which a lawyer should review carefully before accepting or denying.
Through what could be multiple negotiations with the insurance company, a settlement may be reached.
If an agreement cannot be reached, the case may go to trial, where a judge or jury will determine liability and award damages.
The Criteria For A Truck Accident Claim
To file a valid personal injury claim, certain conditions must be met:
- An accident occurred and resulted in damages or injuries
- The driver of the truck was negligent or violated regulations
- The negligence caused the accident and resulting damages/injuries
There is also a filing deadline to consider, otherwise known as a statute of limitations.
In Nebraska, the statute of limitations for personal injury cases is four years from the accident date. In Iowa, it is two years.
Sometimes, the statute of limitations may be longer or shorter depending on:
- The type of claim being filed
- The state where the accident occurred
- If the truck is a private or government vehicle
- Whether minors or incapacitated individuals are involved
With all the time it takes to get over the shock and trauma of an accident, years can go by without realizing it.
Fortunately, injured parties can rely on experienced legal representation to make sure important deadlines are not missed.
Injured in a Truck Accident? Contact Berry Law For Maximum Compensation
A truck accident creates catastrophic injuries, long-term health issues, and sky-high medical expenses.
However, working with personal injury lawyers can help ensure these damages are covered for current and future costs.
Schedule a free consultation with Berry Law personal injury attorneys online or at 402-466-8444 to learn more about what to know after a truck accident.
