Tractor Trailer Accident Lawsuit
Semi-truck accidents are, unfortunately, quite common. According to the National Highway Traffic Safety Administration, over 3,000 fatal semi-truck accidents will occur in the United States in 2019. That's an average of 8 per day.
These accidents can cause serious injury or death to drivers and passengers in other vehicles, pedestrians, and cyclists. For example, there were 95 fatal semi-trailer accidents in Illinois in 2018. That's an average of one per week.
According to the Illinois Department of Transportation, the most common truck/auto accident is a rear-end collision. These collisions can be deadly because of the size and weight of the trucks.
Semi-trailer accidents can also cause extensive property and vehicle damage. If you've been involved in a tractor-trailer/car accident, it's essential to seek legal help. The attorneys at Rosenfeld Injury Lawyers can help you get the compensation you deserve.
Causes & Effects of Semi-Truck Accidents
When it comes to semi-trailer accidents, there is often a lot of confusion over who is at fault. Several factors can cause these accidents. Understanding them is key to avoiding such accidents in the future.
Causes that commonly result in a truck accident lawsuit include:
Truck Driver Error
Truck drivers play a critical role in the safe operation of a semi-trailer, so any collision involving mistakes could lead to serious accidents when passenger cars collide with commercial vehicles. Some common driver errors include speeding, driving while tired or impaired, and failing to obey traffic laws.
Equipment failure is another common cause of semi-trailer accidents making the truck manufacturer or equipment maker liable. Common failures could include problems with the truck's brakes, tires, or engine, among other things.
Bad weather can also be a significant factor in trucking accidents. Heavy rains, high winds, and snowstorms can make it difficult for drivers to operate a truck safely.
Truck Driver Negligence
Driver negligence is another common cause of semi-trailer accidents, including tailgating, improper lane changes, fatigue, and failure to yield the right of way.
Road hazards, such as potholes, construction zones, and uneven road surfaces, can also lead to semi-trailer accidents.
Poor Truck Maintenance
Poor truck maintenance can significantly contribute to semi-trailer accidents. It can include faulty brakes, broken tail lights, and worn-out tires.
While understanding the causes of semi-trailer accidents is essential, it's equally important to understand their effects.
Some of the most common effects of semi-trailer accidents include the following:
- Property loss
The effects can be devastating. If someone you know has been involved in a trailer collision that results in the individual's death, it's vital to seek legal advice immediately.
You can file a wrongful death lawsuit, and the experienced attorneys at Rosenfeld Injury Lawyers can help you get the compensation you deserve.
What to Do If You're Involved in a Semi-Truck Accident
A truck collision might be a distressing and life-changing event, leaving you feeling anxious and overwhelmed.
However, you should do a few things immediately after a trailer crash:
- First, stay calm and don't panic: This is easier said than done, but staying calm and focused is essential.
- Check for injuries: If you're injured, seek medical attention immediately.
- Call the police: Report the accident to the police and get a copy of the collision report.
- Get contact information: Get the contact information of the other drivers involved in the crash and witnesses, including name, address, phone number, and insurance information.
- Take pictures: Take photos of the collision scene, your injuries, and the damage to your vehicle.
- Seek legal representation: If you've been injured in a trailer collision, contact an experienced personal injury lawyer.
- Contact your insurance company: Inform your insurer about the crash and file a personal injury claim.
Factors That Affect a Truck Accident Settlement
State liability laws and contributory negligence are considered when negotiating truck accident settlements. Any business in the trucking industry must follow strict rules and regulations, and any violation could create legal liability.
The state where the accident occurred typically determines who is at fault and how much compensation is available to the victim. If the victim was partially at fault for the accident, their settlement might be reduced.
Other factors can affect the amount of average settlement for truck accidents. Some of these factors include:
- The severity of the crash.
- The extent of the injuries.
- The amount of property damage.
- The amount of liability insurance coverage available.
- The liability of the parties involved, including one or more trucking companies.
- Pain and suffering damages.
- Whether or not the case goes to trial.
Each of these factors can have a significant impact on the amount of money that is awarded in a truck accident claim.
The Severity of the Accident
The severity of the crash is one of the most critical factors that affect truck collision deals. The more severe the accident, the more money you can expect to receive in a settlement. Injuries that are considered to be catastrophic or life-altering can result in a large settlement award.
The Extent of Injuries
The extent of the injuries is another important factor that affects truck accident claims. Injuries such as broken bones, spinal cord injuries, and head and neck injuries can result in significant damage.
Therefore, you can expect a higher settlement award if you have suffered serious injuries in a truck accident.
The Amount of Property Damage
The amount of damaged property is also a key factor that affects a semi-truck accident case.
The insurance company will need to pay more to repair or replace the damages. You can expect a larger settlement award if the property is damaged extensively.
The Amount of Liability Insurance Coverage Available
The available liability insurance coverage is another important factor affecting a truck accident's average settlement. If the trucking company has high insurance coverage available to pay out claims, they may be more likely to offer a larger settlement award.
On the other hand, most insurance companies involved in injury claims are not very well-funded; they offer a low settlement value that may not cover the plaintiff's total medical costs.
The Liability of the Parties Involved
The parties' liability is a key factor affecting an average semi-truck accident settlement. If the truck driver is at fault for the accident, they will be liable for the damages for medical bills, lost wages, etc., including the trucking company.
It means that they may be required to pay a larger settlement award. Conversely, if the victim is at fault for the accident, they may be required to pay a minor settlement award.
Pain and Suffering Damages
Pain and suffering damages are other essential factors affecting a semi-truck accident settlement. These damages are designed to compensate the victim for the pain and suffering due to the accident.
You can expect a larger settlement award if you suffer from significant pain. In some cases, the court can also award the plaintiff punitive damages.
Whether or not the Case Goes to Trial
Finally, whether or not the case goes to trial is another important factor affecting a truck accident settlement. If the personal injury case goes to trial, the parties may recover more damages. However, if the case settles out of court, the parties may receive a lower settlement award.
Samples of Transportation Workers' Truck Accident Settlements We Have Achieved
Our law firm has handled many clients in commercial vehicle accidents. We also assist workers in the transportation sector who have been injured because of someone else's negligence.
Some of our successful truck accident settlements include:
- $2,000,000: This settlement was reached for a vehicle owner rear-ended by a drunk truck driver. The vehicle driver suffered significant injuries, including a broken leg and ankle. The at-fault party paid $2 million for his medical bills and part of his lost wages.
- $750,000: The victim suffered a traumatic brain injury, broken ribs, and a punctured lung after getting into a trucking accident. A settlement offer of $750,000 was reached.
- $675,000: This settlement was reached for a passenger vehicle driver rear-ended by a tractor-trailer. The driver suffered a herniated disc and nerve damage, claiming that the accident caused him to undergo multiple surgeries.
- $720,000: Seven friends traveled in a van when a tractor-trailer T-boned it. Four people were killed, and three were seriously injured. The tractor driver was at fault because the accident occurred while changing lanes.
- $1,400,000: A commercial truck accident case. Plaintiff suffered a bilateral femur fracture, a collapsed lung, and a head injury. A settlement offer of 1.4 million dollars was reached with the trucking company, including the medical expenses.
- $870,000: Our client was traveling as a passenger on the motorcycle. The truck driver failed to yield the right of way and caused a serious accident. As a result, he received $870,000, including his medical bills and lost wages.
These are only a few examples of our law firm's types of settlements for our clients. So, if you or a family member have been injured in a truck accident, we may be able to help you.
Reasons Why You Should Hire a Truck Accident Attorney for Your Case
You may wonder if you need to hire a lawyer if you have been injured in a truck accident. In most truck accident cases, a truck accident attorney may be advisable to represent you to negotiate a settlement with the insurance company.
Here are a few reasons why you might want to consider hiring a personal injury lawyer:
The Insurance Company May Not Be Negotiating in Good Faith
A car accident involving a large commercial truck could be catastrophic, with severe injuries, extensive property damage, and fatalities, even for accidents involving violations of federal regulations. Insurers for truckers and trucking companies might not negotiate settlements in good faith.
The trucking company or insurer might offer a low settlement value to avoid paying more for all your damages, such as medical costs and lost wages. A personal injury lawyer can help you negotiate a fair settlement with the insurance company to resolve your trucking accident case amicably.
You May Not Be Familiar With the Legal System
If you are unfamiliar with the legal system in handling a trucking accident, it may be a good idea to hire an experienced lawyer before filing a personal injury claim. A lawyer will guide you through the legal process and help you get a high settlement value to ensure the truck driver and trucking company are held liable for your damages caused by the motor vehicle accident.
You May Not Feel Like You Are Up to Negotiating a Settlement
Box truck and tractor-trailer accidents are often catastrophic, where any occupant in a smaller passenger car, SUV, or van is left with a horrific, life-altering physical injury. Any victims trying to work with the trucking company or driver might be disadvantaged due to their injuries.
Are you not feeling well or unsure what to do, or does the collision involve multiple parties? If so, you may consider hiring a qualified truck accident attorney to help you negotiate a fair settlement with the trucking companies.
You May Not Know What to Expect
If you have never been in a commercial truck collision before, you may not know what to expect. A lawyer specializing in truck/car accidents can help you understand the process and what to expect when resolving a case involving one or more trucking companies, drivers, and victims.
Many trucking accidents result from driver fatigue, where the trucker violated regulations on how much time they can operate their big rig truck daily. Other commercial vehicle accidents result from driver error, where the trucker and their employer could be held liable for all damages in a personal injury lawsuit.
Talk to a Semi-Trailer Truck Accident Lawyer for a Free Consultation Today
Hire a personal injury lawyer today. Rosenfeld Injury Lawyers LLC offers free consultations to injured victims and their families. We offer a free consultation with a fee contingency agreement. We aren't paid until we win full and fair compensation for you.
A consultation with one of our attorneys specially trained in this area can help you better understand your rights and options. For example, you may be entitled to significant compensation for your injuries, and our attorneys can help you get the money you deserve.
Please call our law firm for a free case evaluation if you want to discuss your case with a truck accident lawyer. We can review your case and inform you if we believe you have a valid claim. So, call us today at (888) 424-5757 to schedule a free consultation.