Truck drivers operate some of the largest and heaviest vehicles on the road, meaning even a single mistake can lead to devastating consequences. Therefore, dangerous behaviors put other motorists at extreme risk, often resulting in severe injuries and deaths.
You may be entitled to compensation if injured in a truck accident caused by someone else's negligence. However, you must prove how the actions of the at-fault party caused the crash and your losses.
At O'Connor, Acciani & Levy, our truck accident attorneys have seen firsthand how preventable driver errors can lead to serious harm. We work diligently to uncover the cause of each crash, gather compelling evidence, and pursue compensation from negligent drivers and trucking companies.
Truck Accidents Key Takeaways
- Truck accidents often result from driver fatigue, distracted driving, speeding, improper lane changes, improper loading and poor vehicle maintenance.
- Proving you were not at fault requires evidence such as police reports, eyewitness accounts, black box data, medical records, and accident reconstruction.
- Average settlements depend on injury severity, insurance coverage, shared fault, recovery time, and long-term impact.
- Hiring a truck accident lawyer ensures proper evidence collection, negotiation, and maximized compensation.
- Call a truck accident attorney to fight for your right to compensation.
Common Causes of Truck Accidents
While multiple factors can contribute to these crashes, truck driver error remains a leading cause. Here are the common ways that truck drivers cause crashes:
Driver Fatigue
Long hours behind the wheel create dangerous levels of exhaustion among truck drivers. Despite federal regulations limiting driving time, many drivers push beyond safe limits to meet delivery deadlines or maximize their income.
Fatigue impairs reaction time, decision-making ability, and awareness just as severely as alcohol intoxication. Drowsy drivers may experience microsleeps, brief moments of unconsciousness lasting just seconds, which at highway speeds can result in vehicles traveling hundreds of feet without any control.
Distracted Driving
The monotony of long-haul trucking tempts many drivers to use mobile phones, eat meals, adjust GPS systems, or engage in other distracting activities while driving. A commercial truck requires more attention to operate safely than a passenger vehicle due to its size and handling characteristics.
Even a momentary glance away from the road can prevent a driver from noticing stopped traffic, lane changes by other vehicles, or road hazards ahead.
Speeding and Aggressive Driving
Pressure to meet tight delivery schedules leads some truck drivers to exceed safe speeds for road conditions. The massive weight of commercial trucks means they require much greater stopping distances than passenger cars.
At excessive speeds, trucks become nearly impossible to control during emergency maneuvers. Aggressive behaviors like tailgating, rapid lane changes, and failing to yield compound these dangers.
Inadequate Training
Not all truck drivers receive sufficient training to handle the complex demands of operating an 80,000-pound vehicle. Some companies rush drivers through training programs to address driver shortages.
Inexperienced drivers may lack the skills to operate in adverse weather, execute proper turning techniques, or manage the vehicle's blind spots.
Impaired Driving
Substance abuse affects the trucking industry despite strict regulations and testing requirements. Some drivers operate under the influence of alcohol, illegal drugs, or prescription medications that impair their ability to drive safely.
Others use stimulants to stay awake during long hauls, which can lead to impaired judgment and erratic driving behavior.
Improper Lane Changes and Merging
Trucks have extensive blind spots along both sides, directly behind, and immediately in front of the cab. Drivers who fail to check these blind spots thoroughly before changing lanes or merging can collide with vehicles they never saw.
The size and weight of commercial trucks mean these collisions often push smaller vehicles off the road or cause multi-vehicle pileups.
Poor Vehicle Maintenance Decisions
While maintenance may seem like a company responsibility, drivers who ignore or fail to report mechanical issues contribute to accidents. Drivers who knowingly operate trucks with faulty brakes, worn tires, or malfunctioning lights put everyone on the road at risk.
How to Prove You Were Not at Fault in an Accident
After a truck accident, proving that you were not at fault is the foundation of protecting your rights and securing fair compensation. Large commercial trucks can cause catastrophic damage, and trucking companies and their insurers often try to shift blame onto the victim.
A skilled truck accident attorney can gather and analyze key evidence to establish the truck driver's negligence while demonstrating that you acted responsibly. Here are different types of evidence a truck accident lawyer can use to prove negligence:
Police Reports and Accident Reports
Police reports provide an official record of the crash, including officer observations, statements from drivers, and citations issued at the scene. A truck accident attorney can use these reports to highlight violations of traffic laws, document the truck driver's actions, and corroborate your account of the accident.
The officer's observations about the truck driver's behavior, such as speeding, reckless driving, or failing to maintain control, can support your claim.
Eyewitness Testimonies
Independent witnesses at the scene can provide testimony regarding the truck driver's actions. A truck accident lawyer can locate and interview bystanders, other motorists, or passengers. Their statements can confirm reckless driving, lane violations, or distracted behavior.
Their accounts can strengthen your case by providing unbiased evidence that the truck driver caused the collision, rather than you or other parties.
Surveillance and Traffic Camera Footage
Many highways, intersections, and commercial areas are equipped with surveillance or traffic cameras. A truck accident lawyer can request these recordings to show exactly how the accident occurred.
They can use the footage to reveal speeding, abrupt lane changes, tailgating, or failure to signal. The evidence in the footage can make it clear that the truck driver was at fault while reinforcing that you were following proper driving practices.
Medical Records
Medical documentation can indirectly support fault by confirming the severity and type of injuries consistent with the truck's impact. A truck accident lawyer can use the following types of evidence to prove you were not at fault:
- Emergency room reports
- Hospital admission and discharge records
- Doctor's office visit notes
- Diagnostic imaging reports like CT scans
- Physical therapy and rehabilitation records
- Surgical and operative reports
- Prescription and medication records
A truck accident attorney can use medical records to link injuries to the truck's point of contact. They can also demonstrate that you were properly restrained or following safety protocols, countering any insurer claims that your behavior contributed to the accident.
Black Box or ELD Data
Modern commercial trucks are equipped with electronic logging devices (ELDs) or black boxes that record speed, braking, steering, and driver hours. A truck accident lawyer can obtain the ELD data to demonstrate that the truck driver exceeded speed limits, drove while fatigued, or engaged in dangerous maneuvers.
They can compare your actions with the truck's data to establish that the driver's negligence caused the accident.
Vehicle Maintenance and Inspection Records
Truck accidents can occur due to poorly maintained brakes, tires, or other mechanical failures. A truck accident attorney can review maintenance logs, inspection reports, and repair records to determine whether the trucking company neglected its legal obligations.
Evidence of ignored repairs or missing inspections shifts liability to the truck owner or company, and can prove that the crash was not your fault.
Photographs of the Scene and Vehicle Damage
Photos taken immediately after the accident document vehicle positions, skid marks, debris, and point-of-impact damage. A truck accident lawyer can use these images to reconstruct the crash and show the truck driver's negligence.
For example, damage patterns and skid marks can demonstrate that the truck ran a red light or failed to brake in time, supporting your version of events.
Expert Accident Reconstruction
A truck accident lawyer may hire an accident reconstruction expert to analyze evidence and recreate the collision. These professionals can determine speeds, angles, and driver reactions, clearly showing whether the truck driver caused the accident.
Their expert reports are particularly persuasive in court and with insurance companies, validating your claim that you were not at fault.
What Is the Average Settlement for an 18 Wheeler Accident?
There is no average settlement you can expect for an 18-wheeler truck accident. The value depends on the facts and circumstances of each crash. Some of the factors that influence the value of an 18-wheeler accident claim include:
Severity of Injury
The severity of injuries sustained in an 18-wheeler accident can determine the settlement value you receive for your losses. Catastrophic injuries, such as traumatic brain injuries or severe burns, typically result in higher settlements compared to minor injuries like cuts or bruises.
The higher settlement values cover extensive medical treatment, long-term care needs, and permanent disability. Even serious but non-catastrophic injuries, such as multiple fractures or internal injuries, can increase compensation, reflecting the pain, suffering, and financial burden endured by the victim.
Insurance Coverage of the Negligent Party
The insurer of the negligent party is primarily the source of compensation for the injured victim. Therefore, the settlement amounts also depend heavily on the insurance coverage of the at-fault party.
Commercial trucking companies are generally required to carry higher liability insurance than private vehicles, sometimes reaching millions of dollars.
A higher coverage limit allows for larger settlements to fully compensate victims for their injury-related losses. Conversely, if the trucking company has limited coverage or the driver is underinsured, it can restrict the settlement potential.
Legal Representation
Working with an experienced truck accident attorney can contribute to a positive outcome in your claim. A truck accident lawyer understands how to negotiate with insurers, gather and preserve strong evidence, and present compelling claims.
Therefore, victims represented by skilled attorneys often receive substantially higher settlements compared to those who attempt to handle claims without legal guidance.
Shared Fault
Many states follow shared negligence rules, meaning your own actions during the accident may reduce your compensation. For example, if you were partially at fault for speeding or distracted driving, the settlement could be proportionally reduced.
A truck accident attorney can carefully examine the circumstances to minimize or refute shared fault claims, helping you maximize recovery.
Duration of Recovery Period
The time required to recover from an injury affects settlement amounts. Extended treatment, multiple surgeries, and prolonged rehabilitation increase medical costs and lost income, which can boost the settlement values.
Long-term Impact of the Injury
Long-term consequences, such as permanent disability, chronic pain, or limitations on daily activities, also influence settlements. A truck accident lawyer can document future care needs, lifestyle changes, and loss of earning capacity, enhancing the value of your 18-wheeler crash claim.
Get Legal Support If a Truck Driver's Actions Injured You
You're likely to endure financial strain after suffering an injury in a truck accident. For example, a severe bone fracture can keep you out of work for months, leading to loss of substantial income. You may also incur debt because of expensive medication and a treatment plan.
Our truck accident attorneys at O'Connor, Acciani & Levy understand the impact of injury-related losses. You can, therefore, count on us to fight for the compensation that will support your recovery. We are just a phone call or click away.
Truck Accidents: Frequently Asked Questions
Can I Sue Someone After an Accident?
Yes, you can sue after a truck accident if negotiations fail. Common reasons include severe injuries requiring extensive medical care, disputed liability when fault is unclear, reckless driving like speeding or fatigue, and inadequate settlement offers from insurers.
You can also use the lawsuit to recover compensation for intangible losses like loss of enjoyment of life, loss of consortium, and permanent disfigurement.
How Can a Truck Accident Lawyer Help?
A truck accident attorney can ensure legal deadlines are met, like Ohio's two-year statute of limitations for personal injury claims. They track filing deadlines, evidence preservation requirements, and insurance claim timelines, preventing case dismissal due to missed deadlines while you focus on recovery.
Can You Settle a Case Before Trial?
Yes, most truck accident cases can be settled before trial. A truck accident lawyer can negotiate with insurers using evidence, medical records, and liability proof to secure fair compensation. They can help you avoid lengthy court proceedings while ensuring you receive adequate compensation for your losses.
