Big rig truck accidents are some of the most devastating crashes on America's roads. These massive vehicles can crash due to driver fatigue, speeding, improper loading, mechanical failures, or distracted driving.
Victims of big rig crashes endure life-altering injuries, financial losses, and long-term emotional trauma. After a collision, victims may have the right to pursue compensation for their injury-related losses.
Even so, an injured victim must prove how the actions of the negligent party contributed to the accident and their losses.
At O'Connor, Acciani & Levy, our experienced truck accident lawyers understand the unique aspects of big rig cases. We can investigate every detail, build a strong claim, and guide victims through each step of the legal process to help them secure the compensation they deserve.
Key Takeaways
- Big rig accident statistics reveal rising crashes causing severe injuries and substantial losses.
- Multiple parties may be liable in a truck accident, including drivers, trucking companies, cargo loaders, and manufacturers.
- How much you can sue for depends on injury severity, evidence, insurance coverage, and long-term damages.
- Hire a truck accident attorney when injuries are serious, liability is disputed, or settlement offers are low.
- Call a truck accident lawyer to protect your right to fair compensation.
Accident Statistics
Large truck accidents are common on American roadways, with data revealing persistent patterns of risk and vulnerability. Understanding these statistics helps illuminate the risk to other road users.
Key Big Rig Statistics
- Fatal crashes involving large trucks: In 2021, there were 5,788 fatal crashes involving large trucks in the United States, representing a 17 percent increase from 2020 and marking the highest number since 1985.
- Occupant fatalities: Of the 6,087 people who died in large truck crashes in 2021, approximately 72 percent were occupants of other vehicles, while 17 percent were truck occupants and 11 percent were pedestrians, bicyclists, or motorcyclists.
- Injury crashes: Large trucks were involved in approximately 117,000 injury crashes in 2021, affecting thousands of families and communities nationwide.
- Contributing factors: Driver-related factors such as distraction, fatigue, speeding, and impairment contribute to a significant portion of truck accidents, alongside mechanical failures and adverse road conditions.
- Geographic patterns: Fatal large truck crashes occur disproportionately on rural roads and interstate highways, where trucks travel at higher speeds and traffic volumes are substantial.
Who Is Liable in a Truck Accident?
You must establish liability to initiate a compensation claim against the negligent party. Determining who is liable in a big rig accident is rarely simple. These collisions often involve multiple parties, complex federal regulations, and layers of corporate responsibility.
Below are the key parties who may be held responsible in a big rig crash.
Truck Driver
The truck driver is often the first party evaluated for liability. A driver may be at fault if they caused the crash through speeding, distracted driving, fatigue, impairment, or violating federal Hours-of-Service rules.
In big rig accidents, driver negligence can also include improper lane changes, following too closely, or failing to secure cargo. If the driver acted carelessly or recklessly, they can be held legally responsible for the resulting injuries.
Trucking Company
The trucking company can also be liable for the resulting losses after the crash. Under federal law, companies must properly train their drivers, enforce safety protocols, conduct background checks, and ensure their fleets are in a safe working condition.
When a company pressures drivers to meet unrealistic delivery deadlines or ignores safety violations, those failures can contribute directly to a big rig crash. Trucking companies may also be vicariously liable for the actions of their employees.
Cargo Loaders or Shipping Companies
Improperly loaded or unsecured cargo is a frequent cause of big rig accidents. Cargo that shifts during transit can cause a driver to lose control, potentially leading to an overturn or jackknife. If a third-party shipper, warehouse team, or cargo loader failed to follow cargo-securement standards, they may share responsibility.
Maintenance or Repair Contractors
Big rigs require constant inspections, repairs, and maintenance. The contractor responsible for repairs may be liable if:
- A truck's brakes fail, and its tires blow out
- A mechanical system malfunctions due to poor maintenance work
A truck accident lawyer can use documentation, such as maintenance logs and repair invoices, to help determine if a maintenance provider contributed to the crash.
Truck or Parts Manufacturers
Their liability may arise if a defect in the truck or one of its components, such as faulty brakes, defective tires, or a malfunctioning coupling device, contributed to the collision. These cases often require expert analysis to establish whether a design or manufacturing defect caused the failure.
Government Entities
Hazardous road conditions, missing signage, or poor roadway design can also contribute to big rig accidents. In these cases, a local or state government entity responsible for maintaining the road may be liable.
However, claims against government agencies come with strict deadlines and additional legal hurdles.
How Much Can I Sue for a Truck Accident?
There is no standard value you can receive for your truck accident claim. The value depends on the unique facts and circumstances of the collision. Some of the factors likely to influence how much you can sue for a truck accident include:
Severity of Injury
The extent and nature of your injuries determine whether you'll receive a higher or a lower settlement value. Catastrophic injuries such as spinal cord damage, traumatic brain injuries, or severe burns typically result in substantially higher compensation than cuts or minor fractures.
Permanent disabilities that affect your ability to work, perform daily activities, or enjoy life as you did before the accident dramatically increase claim value. A truck accident lawyer can use medical documentation, expert testimony, and detailed records of your physical limitations to establish the severity of your condition and its long-term impact on your life.
Availability of Evidence
Strong evidence can make or break your truck accident claim. Black box data from the commercial vehicle, driver logbooks, maintenance records, witness statements, accident scene photographs, and police reports all strengthen your case.
Surveillance footage, cell phone records showing driver distraction, and expert accident reconstruction reports provide compelling proof of liability. You're likely to receive a higher settlement value when there is clear, irrefutable evidence that demonstrates the truck driver or trucking company's negligence.
Insurance companies are also more likely to offer fair settlements rather than risk unfavorable jury verdicts.
Shared Fault
Many states follow shared liability rules that reduce compensation based on your percentage of fault in the accident. If you were speeding, distracted, or violated traffic laws at the time of the collision, your recoverable damages may be proportionally reduced.
In some jurisdictions, even minimal fault on your part can completely bar recovery. A truck accident lawyer can scrutinize every aspect of your behavior before and during the accident to protect you from being unfairly blamed for the losses.
Duration of Recovery Period
The length of time required for your recovery has an impact on your claim's value. Short-term injuries requiring brief medical treatment typically result in lower compensation than conditions that require years of ongoing care, multiple surgeries, or permanent lifestyle modifications.
An extended recovery period means prolonged pain and suffering, lost income over months or years, and substantial accumulation of medical expenses. An injured victim may receive a higher settlement value to cover future medical needs, including anticipated surgeries, therapy, medications, and assistive devices.
Insurance Coverage of the Negligent Party
The insurer of the negligent party is the source of compensation for the injured victim. Therefore, the at-fault coverage limits determine how much you'll receive for your losses.
Commercial trucking companies typically carry substantially higher insurance policy limits than private passenger vehicles due to federal requirements. However, actual available coverage varies by carrier, with some companies maintaining only minimum required policies while others carry excess liability coverage.
When multiple parties share liability, additional insurance policies may be available, potentially increasing total recoverable compensation.
Legal Representation
You can enhance the value of your claim by working with a legal professional. An experienced truck accident attorney understands how to maximize claim value through thorough investigation, expert witness retention, and aggressive negotiation tactics.
They can also help you identify all liable parties, document your damages, and evaluate settlement offers against realistic trial outcomes. You should, therefore, work with a truck accident lawyer with knowledge in commercial vehicle litigation, federal trucking regulations, and industry standards to strengthen your position during negotiations or trial.
When to Hire a Truck Accident Attorney
Knowing when to hire a truck accident attorney can make a major difference in the outcome of your big rig crash claim. These cases involve commercial insurance carriers, federal transportation regulations, complex evidence, and multiple potentially liable parties.
A truck accident lawyer ensures your rights are protected from the beginning and helps you pursue the compensation you deserve. Below are key situations where you should seek their support and guidance.
After a Severe Injury or Permanent Disability
Big rig accidents often cause catastrophic injuries due to the enormous size and weight of commercial trucks. You work with a truck accident lawyer if you have suffered a traumatic brain injury, paralysis, broken bones, burns, or any injury that leads to long-term impairment.
Their input is helpful as these cases involve high-value claims, expert opinions, future medical cost projections, and negotiations with aggressive insurers.
Disputed Liability
Trucking companies frequently deny fault or shift blame to protect themselves. You should speak with a truck accident lawyer if the driver, trucking company, or insurer disputes liability. They can help you collect black box data, driver logs, maintenance records, and expert testimony to prove negligence.
Without legal representation, you can be unfairly blamed for a crash you did not cause.
Wrongful Death of a Loved One
Big rig collisions often result in fatal injuries. If you lost a family member in a crash, a truck accident attorney can pursue compensation for funeral expenses, lost financial support, and emotional losses.
Low Settlement Offer
Insurance companies often make small settlement offers, hoping you'll accept them without objections. You should seek legal representation if the offer does not reflect the full extent of your losses. A truck accident attorney can negotiate for a higher payout or take the case to court if necessary.
Hit and Run Accident
If a truck driver leaves the scene, proving fault becomes challenging. A truck accident lawyer can work with investigators, locate camera footage, and use accident reconstruction experts to identify the responsible party.
Uninsured Driver
If the truck driver or trucking company lacks adequate insurance, recovering compensation becomes more difficult. A truck accident attorney can explore alternative avenues for financial recovery, including personal policies, employer liability, or third-party claims.
A Truck Accident Attorney Can Strengthen Your Big Rig Accident Claim
You may experience a reduced quality of life after sustaining an injury in a big rig crash. Despite your legal right to compensation, you may face resistance from insurers who may downplay your losses or reject your claim.
Our truck accident attorneys at O'Connor, Acciani & Levy have years of experience representing injured victims and their families. You can, therefore, count on us to fight for your right to fair compensation.
FAQs about Big Rig Accidents
How Much Is an Accident Lawyer?
Most truck accident lawyers work on a contingency fee basis, meaning they receive a percentage of your settlement or verdict only if you win your case. If you don't recover compensation, you typically owe nothing for legal fees.
How Do I Know Who Is at Fault in an Accident?
Determining fault requires an investigation of evidence, including police reports, witness statements, trucking company records, and black box data. An experienced truck accident attorney can analyze these factors, identify all liable parties, and build a compelling case against the at-fault party.
Why Is My Lawyer Taking So Long to Settle My Case?
Truck accident cases involve lengthy investigations, multiple liable parties, extensive medical documentation, and negotiations with commercial insurers. A truck accident lawyer needs adequate time to build a strong case and maximize your compensation rather than accepting premature, lowball settlement offers.
