Were you injured in an accident with a large truck? We do not recommend you go up against the trucker’s insurance company without someone by your side to advocate and fight for you.
The truck accident lawyers at Ty Robinson Law Firm offer a wealth of expertise to individuals who have been involved in accidents. We possess a deep understanding of the intricate regulations governing the trucking industry, including federal and state laws pertaining to driver qualifications, hours of service, and maintenance standards. Leveraging our investigation skills, Our Charleston truck accident attorneys meticulously examine the circumstances surrounding the accident, gathering evidence, analyzing accident reports, and consulting with experts to determine liability. We are adept at identifying various factors contributing to truck accidents, such as driver negligence, trucking company negligence, defective equipment, and third-party liability.
Furthermore, our experienced truck accident lawyers navigate the complexities of insurance claims with finesse, negotiating with insurance companies to ensure our clients receive fair compensation for their injuries, property damage, and other losses. In cases where a settlement cannot be reached, we have the litigation experience to represent our clients in court, advocating fiercely for their rights and pursuing legal action to secure the compensation they deserve. Throughout the legal process, our truck accident lawyers provide unwavering advocacy and support, offering guidance, addressing concerns, and standing by their clients every step of the way. Ty's dedication and expertise play a pivotal role in helping victims of trucking accidents navigate the complexities of the legal system and pursue justice for their injuries and losses.
For one, large trucks like tractor-trailers (aka semi-trucks, big rigs, or 18-wheelers), cement mixers, and delivery trucks are much larger and heavier than the average passenger car. The NHTSA defines a “large truck” as one weighing at least 10,000 pounds, but a fully loaded tractor-trailer can legally weigh as much as 80,000 pounds. That’s 20 times more than the average passenger car of 4,000 pounds.
The sheer force of a commercial truck colliding with a passenger car means that the car is more likely to sustain damage and the occupants injured are more likely to be injured or die. According to the NHTSA, of the 5,788 who died in large-truck traffic crashes in the U.S. in 2021 (the most recent year for which data are available), 72% were occupants of other vehicles.
Another difference is that determining liability in a commercial trucking accident is often not as straightforward as in an accident with two passenger cars. Fault may fall squarely on the shoulders of the truck driver and/or car driver due to driver error. Or fault may lie with other parties including the trucking company, the truck manufacturer, the party responsible for maintenance, or the party responsible for loading the truck. The accident may be due to the trucking company’s policies, how cargo was loaded and secured (or not), or how the truck was repaired and maintained (or not), to give just a few examples.
Commercial truck drivers’ insurance companies tend to be very aggressive, as well. The trucking company may even have its own lawyers and investigators to handle accident cases involving one of their drivers, and they get to work right away after an accident. Since the injuries in large truck accidents are often severe, so are damages, and the trucker’s insurance company is motivated to pay out as little as possible in claims.
In a truck accident, liability can extend to various parties depending on the circumstances surrounding the incident. The primary parties that may be held liable include:
Truck Driver: If the truck driver’s negligence, such as speeding, distracted driving, fatigue, or driving under the influence, contributed to the accident, they may be held liable for damages.
Trucking Company: The trucking company may be held liable if they failed to properly train drivers, enforce safety regulations, maintain vehicles, or adhere to industry standards. They may also be responsible if they encouraged drivers to violate regulations or pressured them to meet unrealistic delivery schedules.
Truck Manufacturer or Maintenance Provider: If the accident resulted from a defective truck part, such as brakes or tires, or inadequate maintenance, the manufacturer or maintenance provider may be held liable for the damages.
Cargo Loaders or Shippers: Those responsible for loading cargo onto the truck may be held liable if improper loading contributed to the accident, causing the truck to become unstable or cargo to shift.
Government Entities: In some cases, government entities responsible for roadway design, maintenance, and signage may be held liable if poor road conditions or inadequate signage contributed to the accident.
Determining liability in a truck accident often requires a thorough investigation to identify all contributing factors. It’s essential to consult with experienced Charleston injury attorney to navigate the complexities of truck accident cases and pursue compensation for injuries and damages.
As stated above, establishing liability can take a long time, and it can ultimately mean bringing multiple claims or lawsuits against different parties. When we represent clients who have been injured in a large truck accident, one important step we take is to gather as much evidence as possible to establish liability. This includes the same kind of evidence we gather in passenger car accident cases, like police reports, witness statements, and evidence gathered by our own investigators.
For large truck accident cases, we also typically gather records from the Federal Motor Carrier Safety Administration. The FMCSA is a federal agency that regulates the trucking industry and sets regulations that truckers and trucking companies must follow. Regulations include:
Critical evidence is also available from the electronic control module (ECM), which collects and records speeds, braking, sudden decelerations, and similar data which can help establish negligence. ECMs are required for all tractor-trailers in the U.S. and provide a wealth of data.
Finally, we look for evidence such as lack of compliance that may help establish liability and determine who is at fault. After that, we file a claim (or claims) and negotiate with the insurance company (or companies) to reach a full and fair settlement for our clients. When reaching a fair settlement isn’t possible, we are prepared to litigate if that’s what’s required to get the best possible outcome for our clients.
Despite all these challenges, you can still get the compensation you deserve after you’ve been injured in an accident involving a large truck. At the Ty Robinson Law Firm, our Charleston truck accident lawyers are ready to fight for your rights and get you the compensation you deserve to cover medical bills, ongoing therapy costs, and lost wages, as well as to make up for the intangible consequences of a life-changing accident like pain and suffering and emotional distress.
Were you injured in an accident with a large truck? We do not recommend you go up against the trucker’s insurance company without someone by your side to advocate and fight for you. Click here or call us today at 843-994-2334.
Were you injured in an accident with a large truck? We do not recommend you go up against the trucker’s insurance company without someone by your side to advocate and fight for you.
