Tractor Trailer Accident Lawyer
If you’ve been injured in a large truck accident, including semi truck accidents, then you could be entitled to sue for compensation under the law. Large truck accidents have unique challenges and opportunities in litigation, so it’s important that you connect to an experienced truck accident lawyer for assistance as you move forward. An experienced truck accident lawyer can help protect your rights, determine liability, and pursue fair compensation, addressing the complexities of the legal process following such incidents.
Contact 1-800-THE-LAW2 for a free consultation with a qualified tractor trailer accident lawyer in our network. They’ll provide a case evaluation so that you can better understand whether your claims are actionable and how best to proceed.
That being said, if you’d like to learn more about truck accident claims and the issues and opportunities you may face as you move forward, keep reading! We’ll cover some of the basics of truck accidents and the truck accident claim that you’d be litigating with the aid of a tractor trailer accident lawyer.
What is the number one cause of trucking accidents?
The number one cause of trucking accidents is driving while under the influence of alcohol or other illicit substances. This puts you — the truck accident’s injury victim — in a unique position to make a strategic legal argument.
See, if the trucking company knowingly employed a truck driver who has a history of driving while intoxicated, then you could sue the trucking company independently for negligently hiring the truck driver. In such a truck accident case, having experienced legal representation is crucial to gathering evidence and managing the complexities involved.
Aside from that, you could also potentially ask the court to award you bonus punitive damages, as intoxicated driving is a factor (i.e., egregious, malicious, reckless, or willful misconduct) that can justify the imposition of punitive damages. These damages can add up to seven times normal compensatory damages, so they’re absolutely worth exploring if available in your dispute.
Why are trucking accidents so dangerous?
Truck accident cases are uniquely dangerous, that’s undeniable — and the statistics bear this out, revealing that large trucks (and especially tractor trailers / semi-trucks) lead to a higher frequency of severe and fatal injuries. Statistics show that semi truck accidents often result in severe injuries due to the size and weight of these vehicles. But why do trucks pose such a danger?
Large semi-trucks tend to be:
- Heavier than other vehicles (i.e., larger mass)
- Less maneuverable due to their size
- Have visibility limitations
- And more
For example, the fact that semi-trucks are “heavier” than most other vehicles means that the impact of a collision is likely to be more significant, leading to severe or fatal injuries in many cases. These can lead to losses that are so substantial that a lawsuit is absolutely worth exploring so that you can determine whether there’s a reasonable path to financial compensation.
Potential compensation in a truck accident dispute
In a truck accident, you may be entitled to sue to recover compensation for a wide variety of losses, including truck accident injuries. Claimable losses include, but are not limited to:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
It’s important to note that damages are variable between truck accident cases. There’s no one-size-fits-all solution to damages, as it has to take into account the unique circumstances of the injured individual (and the facts of the dispute itself).
For example, if you are a rock climber and the rock climbing community makes up your entire social life, then an injury that prevents you from climbing could have knock-on effects on your overall lifestyle. Under these circumstances, you could potentially have a significant “loss of enjoyment of life” damages claim. By contrast, someone with more “standard” hobbies would not necessarily have the same “loss of enjoyment of life” damages.
Suing the trucking company may be possible — and why that’s important
In personal injury claims, you can sometimes sue the employer of the defendant who caused you injuries — this doctrine is known as “vicarious liability.” Under vicarious liability, an employer can be held liable for the negligence of their employee, so long as the employee was engaged in job-related duties at the time of the accident.
For example, if a truck driver (who is delivering goods as part of their job) gets into a serious accident, then the injury victim could likely sue the trucking company that employs the defendant. Trucking companies can be held accountable for the actions of their drivers pursuant to the doctrine of vicarious liability.
Why is vicarious liability useful?
Simply put, truck drivers may not carry enough insurance coverage (on a personal level) to cover all the losses you sustained as a result of their actions. Thus, you need to sue defendants with “deeper pockets” in order to secure a proper payout that covers your losses in full. Employer-defendants, such as trucking companies, typically have larger insurance policies, and as such, they are strategically advantageous to sue.
It’s also worth noting that — by suing an employer — you also are litigating against a defendant who may have business incentives to resolve the case through a settlement early. This can help you to avoid the hassle, effort, and uncertainty of trial.
Why do most truck accident lawsuits end in a settlement?
Most lawsuits (in general) end in a settlement compromise. Why? The answer is pretty straightforward. Simply put, trial litigation tends to be:
- Resource-intensive
- Innately uncertain
- Have publicity impacts
- And more
For example, suppose that you are suing the defendant trucking company on the basis that one of their drivers was poorly trained (and speeding) and caused a collision with your vehicle on the roadway. The trucking company wants to avoid the negative publicity of a trial. That’s because they know their business could be severely impacted by any publicity that implies their drivers (and training process) are in any way dangerous.
Given that the trucking company wants to avoid the negative publicity of a trial, they may be more willing to offer an early and favorable settlement for your truck accident claim — because you know that they want to avoid trial, you can apply pressure in order to secure a better overall settlement payout.
How much do truck accident lawyers cost?
The general public is often under the impression that hiring a lawyer has to be expensive and is only for those who are rich.
In reality, however, most personal injury attorneys, including truck accident lawyers, work on a contingency fee basis — you don’t have to pay them upfront or out of pocket. Instead, they offer legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf. This percentage cut can vary from 25 percent to 40 percent or more, depending on what you negotiate when you hire the attorney.
In contingency fee arrangements, you only pay if you “win” compensation. If you lose, then you typically don’t have to pay anything out-of-pocket. That means that there’s really no burden or downside to pursuing your claims, since there’s no cost to losing (except for an opportunity cost, of course).
Perhaps the best aspect of contingency fee dynamics is that they align the incentives of the attorney with those of the client. Because of how the percentage fees work, truck accident lawyers will be incentivized to represent you efficiently and effectively to maximize the likelihood of a win, and the amount of compensation they are able to recover.
You do not have unlimited time — explore the possibility of a lawsuit as soon as possible
All personal injury claims — including truck accident claims — are subject to a statute of limitations deadline. If truck accident victims do not file their claims before the deadline passes, then courts will automatically dismiss those claims on the basis that they have legally abandoned or relinquished their right to sue.
This can prevent truck accident victims from securing a financial recovery for their injuries. As such, it’s critically important that they pursue their claims in a timely manner, to avoid missing the deadline.
Every state implements different statute of limitations deadlines for different claims. In California, for example, the deadline for negligence-based injury claims is two years from the date of injury. That’s a fairly restrictive timeframe, so truck accident victims will want to make sure that they consult qualified truck accident attorneys as soon as possible after the collision.
Contact 1-800-THE-LAW2 for a Free Consultation
If you’re a truck accident victim (i.e., you’ve been injured in a truck crash or semi truck accident), then you could be entitled to compensation under the law. As you explore the possibility of a lawsuit, however, you may be feeling somewhat overwhelmed and confused — this is especially true if you’re a first-time plaintiff who has never been involved in litigation before. Given the complexities, we encourage you to get in touch with an experienced tractor trailer accident lawyer for clarity and guidance on how best to proceed with your claims.
Contact 1-800-THE-LAW2 for a free consultation with a qualified tractor trailer accident lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case and have your claims evaluated — you’ll also be advised on the next steps. If you decide against continuing with your dispute, that’s okay. There’s no obligation to move forward with the truck accident attorney after your free legal consultation. So pick up the phone and call in today to get started!
We look forward to assisting you.
