Types of Truck Accidents
Gregg Hollander | August 14, 2024 | Truck Accidents
Collisions between trucks and passenger cars can be incredibly complex cases, requiring the help of a skilled truck accident lawyer. Various types of truck accidents pose their own set of unique legal challenges.
Depending on the circumstances, truck accidents can involve multiple vehicles, extensive property damage, severe injuries, and even fatalities. Placing blame in truck accident cases can be particularly challenging, as multiple parties may be involved. In addition, trucking industry regulations and federal laws may come into play, adding another layer of complexity to these cases.
The following is a look at some different types of truck accidents, along with information on how a truck accident lawyer investigates each one to help an injury victim obtain maximum compensation. You’ll also learn why getting legal help as soon as possible is essential.
Common Truck Accident Scenarios:
Rear-End Collisions
A rear-end collision can result in significant damage and injuries. These accidents occur when a truck collides with the rear end of another vehicle, either due to negligence or a failure to stop in time. Rear-end collisions can be especially devastating when the truck carries a heavy load, as that magnifies the impact force. Even minor rear-end impacts can lead to severe injuries for passenger car occupants, including whiplash, spinal injuries, and traumatic brain injuries.
In rear-end collision cases, a truck accident attorney will examine various factors to determine who is at fault. Common causes include distracted driving, speeding, mechanical failure, or following too closely. A skilled truck accident lawyer can gather evidence such as traffic camera footage, eyewitness statements, and black box data from the truck to establish liability. They can also negotiate with insurance companies to ensure you receive fair compensation for your injuries and property damage.
Jackknife Accidents
Jackknife accidents get their name from the shape a truck’s trailer takes when it swings out to the side, forming a 90-degree angle with the cab. The truck resembles a jackknife when this happens. This type of truck accident often occurs when the trailer’s wheels lose traction, causing the trailer to skid. Jackknife accidents are hazardous because the trailer can collide with other vehicles, causing extensive damage and serious injuries. These types of accidents often occur in poor weather conditions, during sudden braking, or due to improper trailer loading.
Determining liability in jackknife accidents can be complex. Weather conditions, driver error, or mechanical failures can contribute to these accidents. An experienced truck accident lawyer can investigate the cause of the accident by examining weather reports, maintenance records, and driver logs. They can hold the responsible parties accountable, whether the driver, the trucking company, or manufacturers of defective parts.
Rollover Accidents
Rollover accidents involve a truck falling onto its roof or side. These accidents can occur due to sharp turns, speeding, overloading, or mechanical defects. They can be catastrophic, resulting in severe injuries or even fatalities. A truck’s high center of gravity makes it more susceptible to rollovers, especially when carrying heavy or uneven loads.
Your truck accident lawyer will examine the driver’s actions, maintenance records, and any potential manufacturing defects that may have contributed to the accident. They may also work with accident reconstruction experts to establish the cause of the rollover. Victims can pursue compensation for medical bills, lost wages, and other damages from the accident.
Underride Collisions
Underride collisions occur when a smaller vehicle slides underneath the rear or side of a truck. These accidents are particularly dangerous, as the smaller vehicle can become lodged beneath the truck or have its roof sheared off. Underride collisions often result in catastrophic injuries or fatalities due to the severe impact and crushing forces involved.
Inadequate reflectors, defective underride guards, or negligent truck maintenance often contribute to these accidents. An experienced truck accident attorney can investigate to determine if the truck has proper safety features like underride guards and adequate lighting. By identifying any violations of safety standards or maintenance lapses, your lawyer can hold the negligent parties liable for their actions.
Blind Spot Accidents
Trucks have large blind spots, also known as “no-zones,” where the driver has limited or no visibility. Blind spot accidents occur when a smaller vehicle enters the truck’s blind spot, and the truck driver either fails to see the vehicle or makes a maneuver that results in a collision. These accidents can lead to severe injuries, especially if the smaller vehicle is sideswiped or forced off the road.
Establishing liability in blind spot accidents can be challenging. It requires proving that the truck driver was negligent in their duty to check their blind spots and take appropriate action to avoid a collision. A skilled truck accident lawyer can gather evidence, such as dashcam footage, eyewitness statements, and truck driver logs, to build a strong case. They can also analyze the truck driver’s training records to ensure that the driver knows proper safety protocols.
Side-Swipe Accidents
Side-swipe accidents happen when the side of a truck collides with the side of another vehicle. These accidents often occur when a truck driver fails to check for other vehicles before changing lanes or drifts out of their lane. Side-swipe accidents can result in damage to both vehicles and cause injuries to the occupants, including whiplash, broken tailbones, and concussions.
Determining liability in side-swipe accidents requires a careful examination of the circumstances. A truck accident lawyer will investigate by reviewing traffic camera footage, interviewing witnesses, and analyzing police reports. They can also examine the truck driver’s history and any records of similar incidents. The attorney can negotiate with insurance companies to ensure fair compensation for your injuries and property damage by establishing fault.
Head-On Collisions
Head-on collisions between commercial trucks and passenger vehicles are among the most devastating. These accidents occur when a truck collides with another vehicle while traveling in opposite directions. The force of impact is significantly higher in head-on collisions than in other types of accidents, often resulting in severe injuries or fatalities.
Driver negligence, distracted driving, or impaired driving can contribute to these accidents. Your truck accident lawyer will investigate by collecting evidence such as skid marks, vehicle damage, and witness statements. They may also review the truck driver’s logs and maintenance records to identify any violations or issues contributing to the accident.
Why a Truck Accident Investigation Must Begin Immediately
Truck accidents can be devastating, causing severe injuries, extensive property damage, and even fatalities. If you’ve suffered an injury due to the negligence of a truck driver, trucking company, or another party, you must hire a truck accident lawyer right away. Fast action is critical because the attorney must begin their investigation quickly. The earlier they start, the better the chances they can gather critical evidence before it disappears.
Here are some reasons why the investigation must start as early as possible.
Preserving Evidence
One of the most important reasons to start a truck accident investigation immediately is to preserve evidence. Physical evidence at the scene, such as skid marks, vehicle debris, and road conditions, can degrade or disappear due to weather, traffic, and other factors. Early documentation of the scene, through photographs, videos, and detailed notes, ensures that critical evidence is captured before it is lost.
In addition, commercial trucks often have electronic logging devices (ELDs) and other data recorders. These devices store information about the vehicle’s speed, braking, and other operational details at the time of the accident. This data can be overwritten or erased if not secured promptly. An immediate investigation can help retrieve and preserve this valuable information, which can be pivotal in understanding the events leading up to the accident.
Witness Testimonies
Witnesses play a vital role after a truck accident. However, memories can fade quickly, and witnesses may become harder to locate as time passes. By immediately starting the investigation, your truck accident lawyer can identify and interview witnesses while their recollections remain fresh. Accurate witness statements can provide crucial insights into the accident, helping to establish the sequence of events and identify any contributing factors.
Determining Liability
Your attorney must thoroughly examine various elements of the accident, such as driver behavior, vehicle maintenance records, and compliance with safety regulations. An immediate investigation allows for a comprehensive review of all these factors, ensuring that your truck accident lawyer can identify and hold all responsible parties accountable.
Insurance and Legal Challenges
Insurance companies often act quickly to protect their interests following a truck accident. They may attempt to minimize payouts or shift blame to avoid liability. Your truck accident attorney can gather the necessary evidence to counter these tactics and build a strong case by initiating an investigation without delay. An early investigation can also help clarify the facts, making it more difficult for an insurer to dispute legitimate claims.
Accident Reconstruction
Accident reconstruction is a scientific process used to understand how an accident occurred. This process involves analyzing physical evidence, witness statements, and other data to recreate everything that contributed to the wreck. Starting this process immediately ensures that the reconstruction expert can consider all available evidence, providing a more accurate and detailed understanding of the accident. This can be instrumental in helping you obtain maximum compensation.
Compliance with Legal Deadlines
Legal deadlines, known as statutes of limitations, often restrict the time frame for an injury victim to file a truck accident lawsuit. Delaying the investigation can increase the risk of the statute of limitations expiring. If this happens, you won’t be able to pursue legal action or compensation. Starting the investigation promptly ensures your truck accident lawyer will meet all legal requirements within the appropriate time frame.
Medical Evaluation and Documentation
Truck accidents frequently result in serious injuries that require immediate medical attention. Early medical evaluation and documentation of injuries are essential for treatment and legal purposes. Medical records provide evidence of the injuries sustained and their severity, which is important for calculating compensation for medical expenses, lost income, and pain and suffering. Prompt investigation can help make it easier for your truck accident attorney to gather these medical records and strengthen your case.
Will Your Truck Accident Case Go to Court?
More than likely, the answer to that question is “No.” Only about four to five percent of personal injury cases reach the trial stage. Whether or not your case goes to court will depend on various factors, including the accident’s severity, the parties’ willingness to settle, and the evidence available.
Severity and Damages
The extent of injuries and property damage significantly impacts whether a case proceeds to court. Severe accidents with substantial injuries or high repair costs often lead to more contentious disputes. If the damages are significant, the at-fault party’s insurance company might be less willing to offer a fair settlement, increasing the likelihood of a court case.
Settlement Negotiations
Many truck accident cases end through settlements before reaching court. If both parties agree on compensation, they can settle the case out of court. Effective negotiation plays a key role in achieving a satisfactory settlement. However, if negotiations stall and the settlement offers are inadequate, taking the case to court becomes a viable option to pursue fair compensation.
Liability Disputes
Disputes over who is at fault can also drive a case to court. As noted earlier, truck accidents often involve multiple parties, including drivers, trucking companies, and manufacturers. If those parties disagree over liability and contest evidence, a court might need to determine fault and appropriate compensation.
Insurance Company Tactics
Insurance companies may employ various tactics to protect their profits. Legal action might be necessary if they deny the claim or offer significantly less than what is fair. The threat of a court case can pressure the insurance company to offer a reasonable settlement because they don’t want to pay their legal team to go to trial.
Legal Strategy
Your truck accident lawyer’s strategy will also influence whether your case goes to court. They’ll prepare to litigate if they believe that going to court is the best way to secure the compensation you deserve. On the other hand, they might aim for a swift settlement if it adequately covers your damages.
An Experienced Truck Accident Lawyer is Standing By
If you have been involved in a truck accident that wasn’t your fault, seeking legal representation from a trusted truck accident lawyer is essential. They know how to investigate different types of truck accidents and protect your best interests. Contact a personal injury attorney as soon as possible to discuss your case and explore your legal options.