Truck accidents are often devastating because of the massive size and weight of commercial vehicles. Victims face catastrophic injuries, lasting disabilities, loss of loved ones, or emotional anguish.
Beyond the physical and emotional toll, survivors often face overwhelming medical bills, lost income, and long-term care needs that create financial strain. You can pursue compensation if injured in a truck crash caused by someone else’s negligence.
Holding a negligent trucking company, driver, or other responsible parties accountable is rarely straightforward. Injured victims must face powerful insurers and aggressive defense teams working to minimize payouts.
You should work with a legal professional who can navigate the uncertainties. A skilled truck accident lawyer can investigate the crash, identify liable parties, and initiate a lawsuit for fair and just compensation.
Truck Accidents Key Takeaways
- You can sue after being hit by a semi-truck to recover fair compensation for catastrophic injuries or wrongful death.
- Proving a truck accident strengthens your case and increases the chances of a fair and just compensation.
- Settlement values depend on injury severity, fault, and insurance coverage.
- Liability may extend to drivers, trucking companies, or manufacturers.
- A skilled truck accident attorney can investigate, negotiate with insurers, and litigate for maximum compensation.
- Call a truck accident lawyer to discover your legal options.
Can I Sue for Being Hit by a Semi Truck
Yes, you sue after being hit by a semi truck crash caused by someone else’s fault. A lawsuit is an opportunity for a fair assessment of the claim before a judge or a jury. Here are a few reasons to sue after a semi-truck accident:
Wrongful Death
When semi-truck accidents result in fatalities, surviving family members can pursue wrongful death lawsuits against responsible parties. These cases allow spouses, children, and dependents to recover compensation for lost financial support, medical expenses, funeral costs, and emotional suffering.
Semi-truck wrongful death cases involve substantial damages due to the victim's lost earning capacity over their expected lifetime. The lawsuit can target multiple defendants, including truck drivers, trucking companies, vehicle manufacturers, and maintenance providers.
Wrongful death claims also seek compensation for the deceased's pain and suffering before death, loss of companionship, and the family's emotional trauma. A truck accident lawyer understands federal trucking regulations, can identify all liable parties, and initiate a compensation lawsuit.
Severe Injury or Permanent Disability
Catastrophic injuries from semi-truck collisions necessitate litigation to secure adequate compensation for extensive medical needs and life-altering disabilities. For example, a truck accident victim with traumatic brain injury may require immediate emergency treatment, multiple surgeries, and years of rehabilitation.
Insurance settlements rarely cover the full scope of future medical expenses, adaptive equipment, home modifications, and lost earning capacity. A truck accident attorney can use medical records to prove the extent of your losses in court.
Permanent disabilities may prevent victims from returning to their previous careers, requiring compensation for diminished lifetime earnings. A lawsuit allows for an elaboration of damages by medical professionals, vocational specialists, and life care planners who can quantify the actual cost of catastrophic injuries over a victim's lifetime.
Uninsured/Underinsured Driver
Semi-truck drivers and companies carry substantial insurance coverage, but some operate with inadequate policies or no insurance at all. You can file a lawsuit when facing uninsured or underinsured truckers or against individual drivers and trucking companies.
A lawsuit allows for an investigation into the trucking company's assets, equipment financing arrangements, and potential corporate liability. A truck accident lawyer may discover that seemingly independent contractors are actually employees, making trucking companies liable for inadequate insurance coverage.
Punitive Damages for Recklessness
Semi-truck accidents involving egregious conduct like drunk driving, hours-of-service violations, or deliberate safety violations may warrant punitive damages. A judge can award punitive damages to punish dangerous behavior and deter similar conduct throughout the trucking industry.
Punitive damages are applicable in cases involving falsified logbooks, ignored maintenance requirements, or overspeeding. A truck accident attorney can make a case for punitive damages for trucking companies that pressure drivers to violate federal regulations or ignore safety protocols.
Low Settlement Offers
Insurance companies frequently undervalue semi-truck accident claims, offering settlements that barely match your losses. Initial offers ignore future medical needs, long-term care requirements, and the full impact of permanent disabilities.
You can file a truck accident lawsuit to demonstrate the full extent of your losses. The lengthy court process can clarify potential future costs associated with the injury. The threat of litigation can prompt the insurer to make a better offer to avoid a costly legal battle.
The litigation process has a discovery stage, which allows a truck accident attorney to uncover evidence of trucking company negligence or driver violations. Ultimately, a truck accident lawsuit will overturn a low settlement offer into a better one that matches your losses.
Disputed Liability
When parties contest fault in semi-truck accidents, litigation actively establishes responsibility and secures compensation. Trucking companies and insurers aggressively defend claims by arguing shared fault, mechanical failures, or third-party liability.
Solving liability disputes requires investigation, including accident reconstruction, analysis of electronic logging devices, review of maintenance records, and examination of driver qualifications.
A lawsuit enables a truck accident lawyer to present evidence, depose witnesses under oath, and call professional testimony that establishes the trucker's negligence and refutes liability defenses.
How to Prove a Truck Accident
You must prove the cause of the truck accident to hold the negligent party accountable and secure fair compensation. Establishing liability strengthens your claim, protects your rights, and increases the chances of receiving fair and just compensation.
Here are the different sources of evidence to prove a truck accident:
- Police Reports: Immediately after the accident, law enforcement officers will document the details in a police report. A police crash report can provide valuable information about the circumstances of the accident, including any citations issued or observations made at the scene.
- Witness Statements: Eyewitness accounts can be supplementary evidence to support your version of events. Statements from individuals who saw the accident occur can bolster your case by providing additional perspectives.
- Photos and Videos: You can support your claim with images of the accident scene, vehicle damage, skid marks, and road conditions. Further, videos from nearby surveillance cameras or dash cams can recreate the events leading up to the crash.
- Black Box Data: Commercial trucks often carry Event Data Recorders (EDRs) or Electronic Control Modules (ECMs), commonly known as black boxes. A truck accident lawyer can use data from these devices to understand speed, braking, and engine performance leading up to the accident.
- Maintenance Records: A truck accident attorney can use maintenance logs and inspection records to reveal if any negligence or mechanical failures contributed to the accident.
- Driver Logs: Truck drivers must adhere to strict hours-of-service regulations to prevent driver fatigue. A truck accident attorney can review driver logs to expose any violations or discrepancies contributing to the crash.
- Cell Phone Records: Distracted driving is a leading cause of accidents on the road. A truck accident attorney can use cell phone records to show if the truck driver was using their phone at the time of the crash, potentially highlighting negligence.
- Expert Witness Testimony: Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide their professional opinions to clarify liability or the extent of injuries sustained.
- Employment Records: If the truck driver was operating the vehicle within the scope of their employment, their employer may also be held liable. A truck accident attorney can gather employment records to establish the relationship between the driver and the company.
- Medical Records: Documenting your injuries and treatment plan can establish the severity of injury and losses. A truck accident lawyer can use a doctor’s note, medical bills, and a professional's report to validate your compensation claim.
How Much Will You Get Paid if an 18-Wheeler Hits You?
You cannot get an average value after sustaining an injury in an 18-wheeler accident. The claim's value depends on the facts and circumstances of the crash. Here are the factors that influence the value of your claim:
Severity of Injury
The severity of an injury determines whether you’ll receive a lower or a higher settlement value. Minor injuries like whiplash or sprains typically result in lower settlement values, while catastrophic injuries such as traumatic brain injuries deserve higher values.
Permanent disabilities that affect your ability to work or maintain quality of life receive higher settlement values, as courts consider lifetime earning capacity and ongoing care needs. A truck accident attorney can use medical records to prove the extent of your injury and support your compensation claim.
Shared Fault
Shared fault arises when the injured victim contributed to the accident, perhaps due to distracted driving or failure to signal. Your share of responsibility for the injury can reduce your settlement value.
If investigators determine you were 20 percent at fault for the accident, your compensation decreases by that percentage. For example, if the court finds you 20 percent at fault, it reduces a $100,000 settlement to $80,000.
Insurance Coverage of the Negligent Party
The negligent party's insurer is the source of compensation for the injured victim. Therefore, their insurance limit establishes the maximum available compensation. Commercial trucking companies typically carry policies ranging from $750,000 to $5 million or more, higher than standard auto insurance.
However, if the trucking company has minimal coverage and limited assets, your recovery may be capped regardless of injury severity. A truck accident attorney can enhance the value of your claim by identifying all potentially liable parties, including the driver, trucking company, cargo loaders, and maintenance providers.
Duration for Recovery Period
The length of your treatment plan can determine whether you’ll receive a higher or lower settlement value. A victim with a broken bone requiring six months of recovery can receive a lower settlement value compared to someone else with permanent disability requiring lifelong care.
Legal Representation
If you approach settlement negotiations without legal representation, you'll likely leave money on the table. An experienced truck accident lawyer understands federal trucking regulations and knows how to preserve evidence like driver logs and black box data.
They can also use their skills to negotiate with commercial insurance carriers. They also have resources to hire accident reconstructionists, medical specialists, and economic analysts who can strengthen your claim.
Don’t Face the Aftermath of a Truck Crash Alone
Your quality of life is likely to worsen after sustaining an injury in a truck crash. A spinal cord injury can hinder your ability to play with kids or spend quality time with your partner.
While you may be entitled to compensation, the at-fault party may make a low settlement offer that doesn’t cover your losses. A truck accident attorney understands the impact of injury-related losses and can litigate the claim to maximize your recovery.
Speak to a personal injury lawyer to explore court action against the negligent party.
Truck Accident Quick FAQs
Why Should You Hire a Truck Accident Lawyer
Truck accident cases involve federal regulations, multiple liable parties, and severe injuries requiring substantial compensation. An experienced truck accident lawyer understands trucking injury laws and can investigate and handle aggressive insurance companies.
They access accident reconstructionists, review driver logs, and review maintenance records. They can also solve liability issues involving trucking companies, manufacturers, and drivers.
Who Is Liable in a Truck Accident
Truck accident liability can involve multiple parties depending on the circumstances. The truck driver may be liable for violations like speeding, fatigue, or impairment. Trucking companies face responsibility for inadequate training, maintenance failures, or pressuring drivers to violate safety regulations.
Manufacturers may be liable for defective parts, while cargo loaders can be responsible for improper loading. A truck accident attorney can determine liability by investigating all contributing factors.
What Is a Contingency Fee Lawyer
A contingency fee truck accident lawyer receives payment only if they win your case, a percentage of your settlement, or a court award. The arrangement eliminates upfront legal costs, making quality representation accessible regardless of financial situation.
If unsuccessful, you owe no attorney fees. This structure motivates lawyers to maximize compensation since their payment depends on the success of your case.