Speak With A Commercial Vehicle Accident Attorney Who Will Pursue Compensation After A Serious Injury

Commercial vehicles can cause harm to drivers and passengers in other vehicles. Trucks, buses and other large vehicles can wreak havoc on smaller trucks and passenger cars when a collision occurs. Truck drivers and trucking companies have different rules they must follow. At Smith & Griffith, LLP, in Anderson, we understand what to do to protect and pursue your compensation rights.

What Are Typical Causes Of Truck Accidents?

Many truck accidents caused by commercial vehicles happen because of:

• Drivers who are in a hurry – Delivery truck drivers and service vehicle drivers may be pressured and rushed by their employers to meet quotas, stay on schedule or achieve delivery goals that cause them to cut corners on safety.
• Fatigued drivers – Drivers may be tired from working too many hours. Federal regulations and state laws address this important issue.
• Improper vehicle maintenance – A commercial vehicle may have tires, brakes or other critical parts that are not in good shape; maintenance records may be inadequate, missing or falsified. Our firm is experienced in investigating accidents thoroughly.
• Commercial drivers who are not paying attention – Some are distracted by mobile devices, phone calls, food or drink; others may be under the influence of a controlled substance or alcohol.
• Poor operation or maintenance – People can get hurt when buses, municipal vehicles or vans are operated, maintained or even designed negligently. 

Any time you or a family member is involved in an interstate trucking collision, it is prudent to speak with a truck accident attorney. 

The Role of Trucking Companies in Accidents

Trucking companies can be held accountable for accidents caused by their drivers, especially if they failed in their responsibilities. Here's how:

• Negligence of Employers: Trucking companies are responsible for ensuring their drivers are properly trained, well-rested, and working in safe conditions. If a company pressures drivers to work long hours or ignores safety regulations, they may be held liable for accidents caused by these failures.
• Subcontracting and Liability: Many trucking companies hire third-party contractors to handle deliveries. This can complicate liability in the event of an accident. Determining who is responsible—whether it’s the trucking company, the subcontractor, or both—depends on the details of the contract and the nature of the accident.

Common Injuries from Commercial Vehicle Accidents

Commercial vehicle accidents can result in serious, sometimes life-threatening injuries. Some of the most common injuries include:

• Traumatic Brain Injuries (TBI): These can occur when the head is violently impacted, often leading to long-term cognitive issues.
• Spinal Cord Injuries: A serious spinal injury can lead to permanent paralysis, affecting mobility and independence.
• Broken Bones: The impact of a collision can cause fractures that require surgery and long recovery periods.
• Internal Injuries: Internal bleeding or organ damage may not be immediately apparent but can be fatal without prompt medical attention.
• Fatalities: Unfortunately, some accidents result in death, leaving families to cope with the emotional and financial aftermath.

Long-Term Effects

• Some injuries can lead to permanent disability, making it difficult for victims to return to work or lead normal lives.
• Long-term medical care, rehabilitation, and mental health support may be necessary, adding to the overall impact on the victim and their family.

Determining Fault in Truck Accidents

Investigating the cause of a truck accident is key to understanding who is responsible.

• Driver Error vs. Mechanical Failure: Investigators often look into whether the driver made a mistake, whether the vehicle malfunctioned due to poor maintenance, or if external factors like road conditions played a role.
• Shared Responsibility: In many cases, responsibility may fall on multiple parties. This could include the truck driver, the trucking company, the vehicle manufacturer, or even the maintenance crew. Each party's role in causing the accident can affect the outcome of a case.

FAQ: Commercial Vehicle Accident Claims

• Q: What should I do immediately after a commercial vehicle accident?
  A: First, ensure everyone’s safety. If possible, move to a safe location and call 911. Gather evidence by taking pictures of the scene, vehicle damages, and injuries. Get the contact information of any witnesses and make sure the police report includes all relevant details. Seek medical attention, even if you don't feel seriously injured, as some injuries may not be apparent right away.
• Q: How long do I have to file a truck accident claim?
  A: The statute of limitations varies by state, but typically, you have 2 to 3 years from the date of the accident to file a claim. It's important to contact a lawyer as soon as possible to ensure all necessary evidence is preserved and your case is filed within the legal timeframe.
• Q: Can I still claim compensation if I was partially at fault in the accident?
  A: Yes, many states operate under comparative negligence laws, which means that even if you are partially responsible for the accident, you may still be able to recover damages. However, your compensation may be reduced based on your level of fault.
• Q: What types of damages can I recover from a commercial vehicle accident?
  A: You may be entitled to several types of compensation, including:
  • Economic damages: Medical bills, lost wages, and property damage.
  • Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: In cases of extreme negligence or intentional harm, you may be awarded additional compensation as punishment for the defendant’s actions.
• Q: Will I have to go to court for a truck accident claim?
  A: Not necessarily. Many commercial vehicle accident claims are settled out of court through negotiation. However, if a fair settlement cannot be reached, your case may go to trial. An experienced truck accident attorney will help guide you through the legal process and work to achieve the best possible outcome.
• Q: How do I know if I have a strong case for compensation?
  A: A skilled attorney can review the details of your case, such as the cause of the accident, evidence collected, and the extent of your injuries. If the accident was caused by negligence (such as driver error, improper maintenance, or unsafe working conditions), you likely have a strong case for compensation.
• Q: How much does it cost to hire a truck accident attorney?
  A: Most truck accident lawyers work on a contingency fee basis. This means you don’t pay upfront fees; instead, the attorney takes a percentage of any compensation you receive. If you don’t win your case, you don’t owe any legal fees.