Truck Accident Lawyer

Now that we’ve addressed a few common types of lawsuits surrounding trucking accidents, let’s take a look at a few common causes. If you have any questions about these scenarios and how they apply to your specific circumstances, it’s a good idea to reach out to an experienced truck accident injury attorney for guidance.

Driver Fatigue

Truck drivers face immense pressure to meet tight deadlines, often resulting in grueling schedules and extended hours behind the wheel. Driver fatigue is a common and significant risk factor in commercial truck accidents, impairing cognitive functions and reaction times, not unlike driving under the influence. Violations of hours-of-service regulations, which mandate rest periods and limit driving hours, can exacerbate the risk of fatigue-related accidents. Instances where drivers falsify logbooks or push themselves beyond legal limits heighten the likelihood of crashes, resulting in devastating injuries or death.

Distracted Driving

For many truckers, driving can be a very stressful activity simply due to the number of things that can go wrong. Weather conditions, text messages, GPS notifications, and reckless drivers on the highway can all contribute to the way a truck driver performs their job. Moreover, driving a tractor-trailer involves a much higher level of concentration than driving a car, due in part to the complex braking and gear-shifting systems, not to mention the difficulty that comes with navigating a massive vehicle with limited vision.

If the truck driver fails to maintain concentration, accidents are bound to happen. In these scenarios, our law firm can try to provide context to the specific circumstances surrounding the accident and point to any evidence of distracted driving on the part of the truck driver.

Driving Under the Influence

While trucking companies have come a long way over the last few decades in terms of mitigating intoxicated driving incidents, accidents involving an intoxicated truck driver unfortunately still happen regularly. Because trucking accidents are likely to result in more extensive damage than crashes involving other motor vehicles, special laws are in place to further limit drunk driving by truck drivers. While non-commercial driver’s license holders can legally blow a 0.08% BAC, CDL holders in Missouri must remain below a 0.04% BAC or face serious consequences – up to one year in jail, thousands of dollars in fines, and losing their license for one year.

If a truck driver was driving under the influence at the time of your accident, a clear case can be made for the truck driver’s liability in the accident. Additionally, if the truck driver is driving on a suspended license or has a history of drunk driving, it may point to a pattern of irresponsible driving, which could strengthen your truck accident claim.

Speeding

The allure of faster delivery times coupled with tight schedules often prompts truck drivers to disregard speed limits, jeopardizing their safety and that of others on the road. Excessive speeding reduces the margin for error, impeding a driver’s ability to react promptly to changing road conditions or unexpected obstacles. Moreover, high speeds magnify the force of impact during collisions, amplifying the severity of injuries and property damage. If our law firm can point to a history of speeding on the truck driver’s driving record, a case could be made for truck driver negligence, resulting in damages paid by the at-fault party.

Improper Loading

The safe transport of cargo hinges upon proper loading practices, and our firm has often seen lapses in securing and distributing weight in commercial deliveries. This can spell disaster on the road, as trucks with improperly secured or unbalanced cargo are prone to instability, increasing the likelihood of rollovers, jackknifes, and loss-of-control incidents.

Overloading exacerbates these risks, placing undue stress on vehicle components and compromising handling characteristics. If a truck driver fails to adhere to loading guidelines and best practices for cargo securement, this can easily create a scenario where a truck driver becomes liable for serious injuries in the event of a vehicle accident.

Typically, damages in auto accident cases encompass both economic and non-economic losses incurred by the victim. Determining the dollar amount that can be reasonably pursued depends on specific witness testimony, police reports, and evaluations made by insurance adjusters. Let’s take a look at a few typical economic damages our firm can pursue in court:

• Medical bills and expenses. This includes costs incurred by the injured party for medical treatment, including hospitalization, surgery, doctor’s visits, prescription medications, rehabilitation therapy, assistive devices, and any other necessary medical services. These expenses are typically quantifiable and documented through bills, receipts, and medical records. In a personal injury case, the at-fault party may be liable for reimbursing the injured party for all reasonable and necessary medical expenses related to the accident.

• Property damage. Plaintiffs can seek damages for the costs associated with repairing or replacing damaged or destroyed property. In a truck driving accident, property damage may include damage to vehicles involved in the collision, as well as any other personal property, such as belongings inside the vehicles or structures impacted by the accident. Property damage claims seek compensation for the fair market value of the damaged property or the cost of repairs, whichever is lower.

• Lost wages. Injury victims can seek compensation for the income and earnings they were unable to collect as a result of the accident. This includes wages, salaries, bonuses, commissions, and any other forms of compensation that the injured party would have earned had they not been injured. Lost wages may also include sick leave, vacation time, and other employment benefits that the injured party is unable to utilize due to their injury-induced absence from work.

• Future earning capacity. Future earning capacity pertains to the potential income and earnings that the injured party is unable to realize in the future as a result of the accident-related injuries. This includes any reduction in the injured party’s ability to work, advance in their career, pursue higher-paying opportunities, or engage in gainful employment due to permanent disabilities, limitations, or impairments resulting from the accident. Future earning capacity damages aim to compensate the injured party for the financial losses they are likely to incur over their lifetime due to diminished earning potential.

These damages are relatively straightforward to calculate as they involve tangible costs that can be documented through bills, receipts, and employment records. On the other hand, non-economic damages are more subjective and challenging to assess. These damages may include:

• Pain and suffering. This refers to the physical and emotional distress experienced by the injured party as a result of the accident. It encompasses the actual physical pain caused by the injuries, as well as the mental anguish and emotional turmoil endured during the recovery process. Pain and suffering damages are subjective and can vary widely depending on the severity of the injuries, the duration of the recovery period, and the impact on the individual’s daily life and activities.

• Emotional distress. This can include feelings of fear, anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues stemming from the traumatic event. Emotional distress damages compensate for the emotional toll inflicted by the accident, such as sleep disturbances, nightmares, flashbacks, and difficulty coping with daily stressors.

• Loss of consortium. Loss of consortium pertains to the deprivation of the benefits and companionship that the injured person’s family members, typically spouses, would have otherwise enjoyed if the accident had not occurred. This includes the loss of love, companionship, affection, sexual relations, and support that may result from the injuries sustained by the victim. Loss of consortium damages recognizes the impact of the injury on the dynamics and intimacy of the familial relationship.

• Diminished quality of life. Diminished quality of life refers to the reduction in the injured party’s overall well-being and ability to engage in activities they enjoyed before the accident. This may include limitations on physical mobility, chronic pain, disfigurement, disabilities, and restrictions on participating in hobbies, recreational pursuits, and social interactions. Diminished quality of life damages seek to compensate for the loss of enjoyment, independence, and fulfillment resulting from the injuries sustained in the accident.

Unlike economic damages, non-economic losses are not easily quantifiable and may vary significantly from one individual to another. Determining the appropriate compensation for non-economic damages often requires the expertise of legal professionals who can evaluate the unique circumstances of the case and advocate for fair restitution on behalf of the injured party.