Healy & Jordan PLLC

Everything You Need to Know About Obtaining Compensation After a Truck Accident: A Comprehensive Guide

According to the National Highway Traffic Safety Administration (NHTSA), truck accidents account for 12% of all traffic fatalities in the United States. And truck accident cases make up 70% of all motor vehicle accident claims. It’s a serious problem.

Let’s look at the types of compensation available to victims who suffer a loss due to a truck crash, the causes of these accidents, and some rules, regulations, and actions truck drivers must follow to prevent them. 

Types of Compensation for Those Injured in a Truck Accident

If you were injured in a truck accident that was not your fault, you can seek financial compensation that covers :

  • Medical bills and medical care
  • Lost wages
  • Anguish from pain and suffering (including disfigurement and loss of enjoyment of life)
  • Transportation
  • Property damage
  • Legal fees
  • Wrongful death, if applicable
  • Punitive damages, if applicable

The damages you receive depend on the losses you experienced, including the severity of the injuries and the amount of damage incurred. Damages will also depend on proving that the truck driver was at fault for the accident. You will need a truck accident lawyer from a law firm with experience and resources to conduct an investigation, work on your behalf with insurance companies, seek a fair settlement or conduct a trial, and protect your rights.  

Common Causes of Truck Accidents

Considering factors like the speed of travel on our highways and the size and weight of commercial vehicles, crashes involving trucks are particularly dangerous. 

Here are some common causes of truck accidents:

  • Distracted driver.
  • Fatigued driver.
  • The driver doesn't adjust to road and weather conditions.
  • The driver is under the influence of drugs or alcohol.
  • The driver is speeding and driving recklessly.
  • The trucking company was negligent in hiring the driver.
  • The truck company fails to properly train drivers.
  • The truck company fails to maintain its trucks.
  • The truck company fails to observe or enforce break periods for drivers.

There are also things any car driver can do to protect themselves from an accident involving a large commercial vehicle. Distracted driving is one of the leading causes of all car accidents today, so put the phone away and stay focused on driving. Stay alert, drive defensively, keep your attention on the road, and obey speed limits. 

Additional Rules and Regulations for Truck Drivers

Truck drivers are held to strict rules and regulations to protect the safety of others on the road. They must follow all the same laws that other drivers must follow, but beyond that, there are other layers of security that regulate every part of their job:

  • All large-truck drivers must obtain a commercial driver’s license (CDL).
  • They must adhere to a lower blood alcohol level for driving drunk.
  • They must safely secure all cargo.
  • They must follow all regulations about the materials they can transport.
  • They must regularly maintain their tractor-trailer.

Legal Liability in Trucking Accidents

Proving liability for a truck accident depends first on the specific details and evidence presented for each accident. There is no “one size fits all” template for assigning legal liability or proving negligence.

Unraveling who was at fault involves a number of people as well as a company or agency, depending on who the truck driver worked for. Was the driver an employee of a company that transports items or was the driver an independent contractor? The answer to this as well as other questions is critical for a victim as liability is determined.

Other issues that will help the victims and their attorneys understand who was liable in an accident:

  • Did the company employing the driver cut corners in hiring? Maintaining the truck? Using sub-par third-party vendors that manufacture equipment used on the truck to keep loads secure? Requiring too many hours on the road for the driver?
  • Did the manufacturer of the truck use inferior materials when they built the truck?
  • How about the loader? Did they exceed the capacity of the truck?
  • Was the driver impaired?

This information is key in order to seek compensation for the victim.

Where do I file a claim for truck accident compensation?

This is the job for a truck accident attorney experienced in truck accidents. It’s a complicated matter and an attorney can advise you on the best route to getting the settlement and compensation you deserve. 

There are two ways to proceed: seeking compensation from your own insurance provider or pursuing a claim against a negligent party. 

  • In a no-fault state, you can file a claim with your own insurance company in order to receive an initial amount of compensation. This will come from your Personal Injury Protection insurance. 
  • If your medical expenses exceed the limits of your Personal Injury Protection insurance, you have extensive property damage, or you have suffered severe emotional trauma due to a truck accident, you can file a claim against the truck driver.

Don’t wait until it is too late to seek the justice you deserve for the accident that has disrupted your life and jeopardized your health. Set up a free case consultation with a law firm and experienced truck accident lawyers to discuss your accident and obtain legal representation. Contact our office today.

Healy & Jordan PLLC

Gulfport Office Hours
MON - FRI 8:00AM - 5:00PM
Sat-Sun Closed
© 2010-2024 Healy & Jordan, PLLC. ALL RIGHTS RESERVED

Quick Links

Main Office

New Orleans /Office