Stephen Hasner | Truck Accidents | March 17, 2025
When truck drivers and trucking companies behave negligently, such as by engaging in distracted driving or failing to maintain vehicles, serious accidents and injuries may occur. Following a truck crash, many collision victims are unsure of what they should do or to whom they should turn.
One of the most important steps following a trucking crash is to contact a skilled truck accident lawyer as quickly as possible. A lawyer can meet with you to discuss the collision circumstances, gather evidence, and handle the legal components of your case, all while you focus on recovering from your injuries. A truck accident attorney will also field all settlement offers from insurance companies and, if necessary, litigate your case in the court system to a successful resolution.
Most Frequent Injuries in Truck Collisions
Truck crashes can cause devastating injuries, especially when they result from negligence by truck drivers or trucking companies. Due to the size and weight of commercial trucks, crashes often lead to severe harm for victims in smaller vehicles. Here are some of the most common injuries that truck accident victims suffer:
- Traumatic Brain Injuries (TBIs) ̶ One of the most serious injuries in a truck collision is a traumatic brain injury. A strong impact can cause the brain to collide with the skull, leading to concussions, brain bleeding, or permanent damage. TBIs can affect memory, speech, and motor skills, sometimes leaving victims unable to work or live independently.
- Spinal Cord Injuries and Paralysis ̶ Truck accidents often result in spinal cord injuries, which can cause partial or complete paralysis. A severe impact may damage the spinal cord, leading to conditions such as paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs). These injuries require extensive medical care and can permanently change a victim’s life.
- Broken Bones ̶ The force of a truck collision can break bones in various parts of the body, including those in the arms, legs, ribs, and pelvis. Some fractures are simple and heal with time, while others require surgery, metal implants, or physical therapy. In severe cases, victims may suffer from long-term mobility issues.
- Internal Injuries ̶ Truck crashes can cause serious internal injuries, such as organ damage or internal bleeding. Blunt force trauma from the collision can injure the liver, spleen, lungs, or kidneys. These injuries are particularly dangerous because symptoms may not be immediately noticeable, making prompt medical attention critical.
- Burns ̶ If a truck crash results in a fire or explosion, victims may suffer severe burns. Burns can cause extreme pain, scarring, and infections, often requiring skin grafts or long-term treatment.
- Whiplash and Neck Injuries ̶ Even at lower speeds, truck accidents can cause whiplash – a painful neck injury resulting from the head being suddenly jerked back and forth. This motion can lead to chronic pain, stiffness, and difficulty moving the neck.
How Do Truck Drivers and Trucking Companies Cause Accidents?
Truck collisions often result from negligence by truck drivers and trucking companies, leading to serious and sometimes fatal consequences for other motorists. One of the most common causes of these crashes is driver fatigue. Truck drivers are often under pressure to meet strict deadlines, which can lead them to drive for long hours without adequate rest. Despite federal regulations that limit driving hours, some drivers and trucking companies push beyond these limits, increasing the risk of drowsy driving. A fatigued driver has slower reaction times, impaired judgment, and a higher chance of making critical mistakes on the road.
Another major factor in truck crashes is speeding and reckless driving. Because trucks are significantly larger and heavier than passenger vehicles, they require much more time and distance to come to a complete stop. When truck drivers exceed the speed limit or drive too fast for road conditions, they put everyone around them at risk. Sudden braking or loss of control at high speeds can lead to devastating crashes, often involving multiple vehicles.
Negligence also occurs when trucking companies fail to properly maintain their vehicles. Large trucks require regular inspections and maintenance to ensure that brakes, tires, lights, and other components are functioning properly. When companies cut corners on maintenance to save money or keep trucks on the road longer, they create dangerous conditions that can lead to mechanical failures. Brake failures, tire blowouts, and steering malfunctions are all examples of preventable issues that can cause catastrophic accidents.
Distracted driving is another major cause of truck crashes. Just like other drivers, truckers can become distracted by using their phones, eating, adjusting the radio, or even looking at GPS devices. A moment of inattention can be enough to cause a deadly crash, especially given the size and weight of commercial trucks. When truck drivers take their eyes off the road, even for a few seconds, they put themselves and others in serious danger.
Improper loading of cargo also contributes to truck crashes. When cargo is not secured correctly or is unevenly distributed, it can shift during transit and cause the driver to lose control. Overloaded trucks or those carrying unbalanced loads are more prone to rollovers and jackknife collisions.
Most Important Steps to Take Following a Truck Accident
Being involved in a trucking collision can be overwhelming and traumatic. Knowing the important steps to take following the incident can significantly affect the outcome of any potential legal claims and your recovery process. First, obtaining a copy of the police report should be a priority. This report serves as an official record of the accident, detailing the circumstances, and can provide vital information about who was at fault. The police report may include witness statements and key evidence that will be helpful for any claims you may pursue later.
In addition to the police report, gathering other forms of evidence is essential. This evidence includes documenting your injuries and obtaining copies of your medical records and bills. These documents will provide a clear picture of the extent of your injuries and the treatment you received, which is critical for establishing the damages you may claim. Keep track of all medical visits, treatments, and expenses, as this information will support your case when seeking compensation.
Completing all recommended medical treatments is equally important. Even if you start to feel better, following through with the medical advice from your healthcare providers is necessary for your recovery. Ongoing medical care not only ensures that you heal properly but also strengthens your case by showing that you took your injuries seriously. Insurance companies can use any gaps in treatment against you, so adhering to your treatment plan is essential.
It is also vital to avoid discussing the accident with the truck driver or their insurance company. While it may be tempting to engage in conversations about the incident, anything you say can be used against you later. Insurers often try to minimize payouts, and any statements you make can be interpreted in ways that undermine your case.
Finally, speaking with a knowledgeable truck accident attorney in your area as soon as possible is one of the most important steps you can take. An experienced attorney will guide you through the legal process, gather necessary evidence, and advocate for your rights. They can negotiate with insurance companies on your behalf and ensure that you receive fair compensation for your losses. By following these steps, you can protect yourself and strengthen your case in the aftermath of a trucking collision.
Will a Truck Accident Case Need to be Litigated?
Determining whether a truck accident case will need to be settled or litigated involves several factors that play a significant role in the decision-making process. One of the primary considerations is the severity of the injuries sustained in the crash. If the injuries are extensive and require long-term medical care, the need for litigation becomes more likely. Victims often seek compensation for medical expenses, lost income, and pain and suffering, which can be challenging to quantify without a thorough legal process. In these instances, a settlement may not adequately cover all the damages, prompting the need for litigation to ensure fair compensation.
Another critical factor is the willingness of the involved parties to negotiate. Many cases begin with settlement discussions between the injured party and the insurance companies of the truck driver or trucking company. If both parties can reach an agreement that satisfactorily addresses the injured party’s needs, a settlement can be achieved without going to court. However, if the insurance company offers a low settlement that does not reflect the true extent of the damages, the injured party may choose to pursue litigation instead.
The complexity of the case also plays a significant role in the decision to settle or litigate. Truck accident cases often involve multiple parties, including the truck driver, the trucking company, and potentially other entities like manufacturers of faulty equipment or cargo loaders. The more involved the case, the more likely it is that litigation will be necessary. This complexity can lead to disagreements over liability, insurance coverage, and the extent of damages, making it harder to reach a fair settlement.
In addition, the evidence available can affect the decision. Strong evidence, such as police reports, eyewitness accounts, and medical records, can support the injured party’s claims and make a settlement more attainable. However, if evidence is lacking or there are disputes about the facts of the case, litigation may become necessary to resolve these issues through a trial.
Finally, the time and costs involved in pursuing litigation versus settling can also affect the decision. Litigation can be a lengthy and expensive process, which may deter some victims from pursuing this way of resolving the case.
Types of Recoverable Damages in a Trucking Accident Claim or Lawsuit
Following a truck crash, victims often face significant physical, emotional, and financial challenges. Fortunately, the injured parties can recover the various damages they suffered to help lessen these burdens.
Economic damages represent the tangible financial losses that a victim incurs as a result of the accident. These damages can include medical expenses, such as hospital bills, surgeries, rehabilitation costs, and ongoing therapy. In many cases, victims may require long-term medical care due to the severity of their injuries, leading to even higher medical costs.
In addition, victims can seek compensation for lost earnings if they are unable to work while recovering from their injuries. This compensation includes not only the income lost during the time they are unable to work but also any potential future earnings if their injuries hinder their ability to maintain their previous job or seek new employment.
Economic damages may also cover other out-of-pocket expenses, such as transportation costs related to medical appointments or necessary home modifications due to disabilities due to the collision.
Non-economic damages, on the other hand, address the more subjective, emotional aspects of a victim’s suffering. These damages compensate for pain and suffering, which refers to the physical pain and emotional distress resulting from the accident. The psychological repercussions can be just as debilitating as physical injuries, and victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD) following a traumatic incident.
Non-economic damages also cover loss of life enjoyment, which refers to the diminished ability to engage in activities that once brought joy or fulfillment. For instance, if a person can no longer participate in hobbies or spend time with family and friends due to their injuries, they may seek compensation for this loss.
In some cases, punitive damages may also be awarded. Unlike economic and non-economic damages, which focus on compensating the victim for their losses, punitive damages are intended to punish the at-fault party for particularly reckless or malicious behavior. It is less common for courts to award this type of damage, but it can serve as a deterrent to prevent similar negligence in the future. Punitive damages are typically awarded when the actions of the truck driver or trucking company show a blatant disregard for safety.
Speak with an Experienced Truck Accident Lawyer Today
If you have suffered injuries in a recent trucking crash, Hasner Law can navigate the process for you and handle all legal steps. Their knowledgeable personal injury attorneys will aggressively fight for your rights and work to maximize your total compensation award, either through settlement or litigation.
