If you have ever driven alongside a tractor-trailer on the highway and felt anxious, you are not alone.
Even driving near a commercial truck on a roadway at slower speeds can feel intimidating.
Transport trucks can weigh up to 40,000 pounds when they are empty and that increases to 80,000 pounds when they are fully loaded. Consider that the average passenger vehicle weighs just 4,000 pounds, on average, and it is easy to see why driving alongside them can be stressful.
When transport trucks are involved in a crash with a passenger vehicle, it is almost always the occupants of the smaller car that suffer the most serious injuries. If you have been hurt, you may be entitled to compensation, but it is not easy to obtain. Our Spartanburg truck accident lawyers can determine liability and prove your case so you obtain the full and fair damages you deserve.
What Causes Semi-Truck Accidents?
Accidents involving tractor-trailers happen instantly and unexpectedly. Any act of negligence can result in a serious crash, but some are more common than others. These are as follows:
- Fatigued driving: Truck drivers spend long hours on the road. They are under an immense amount of pressure to deliver their cargo on time and under tight deadlines. The Federal Motor Carrier Safety Administration (FMCSA) has implemented an hours-of-service rule to ensure that truckers do not operate their vehicle when they are tired, but truck drivers and trucking companies do not always comply with this rule.
- Distracted driving: Truck drivers face many distractions on the road. They often eat, drink, and even groom themselves behind the wheel. They may also talk on their phone or CB radio with other truckers to learn about road and traffic conditions. In addition to this, truckers have to use many systems in their vehicles, including GPS. All of these are distractions that can take a truck driver’s focus from the road and cause a crash.
- Impaired driving: Many truck drivers use alcohol or drugs, thinking these substances will help keep them awake on the road. While impaired driving is also dangerous, it is infinitely more so when a person is operating a vehicle as heavy and large as a tractor-trailer.
- Speeding: Speeding is another inherently dangerous behavior for any motorist. When a truck driver speeds, it takes them longer to slow down and stop due to the weight of their vehicle. This can cause a truck driver to crash into the back of another vehicle.
- Improperly loaded cargo: There are very specific procedures for loading cargo onto a tractor-trailer. If cargo is not loaded and secured properly, it can shift during transport and throw the entire truck off balance, causing the driver to lose control of the vehicle.
- Defective truck parts: Tractor-trailers are made up of hundreds of different moving parts. If any of these parts are defective or faulty, they can interfere with the safe operation of the truck and cause a crash.
After a truck accident, you will suffer some of the most serious injuries. You may also be in shock and feel stressed. All of these factors can make it very difficult to determine what caused your crash. Our Spartanburg truck accident attorneys can investigate the scene and subpoena documents and other evidence to determine what caused the collision.
How Do Truck Accidents Differ From Car Crashes?
It is natural to think that if you have been hurt by a semi-truck, the process is the same as when you are in an accident with another passenger vehicle. This is not true. The aftermath of a crash involving a commercial truck is vastly different from other auto accidents. The differences in truck accidents are as follows:
- Severity of injuries: Any motor vehicle accident can cause severe injuries, but those suffered in a crash with a truck are catastrophic. You will likely face a long recovery time and may not understand the full extent of your injuries or how they will impact your future right away. This can make it take longer to file your claim, as you should reach maximum medical improvement before pursuing damages. Maximum medical improvement refers to when your injuries will not get any worse, but they will also not get any better.
- Multiple liable parties: When two or more small vehicles are involved in an accident, usually someone at the scene is to blame. This is not always the case in truck accident claims. There may be multiple liable parties after a crash involving a truck. An experienced Spartanburg truck accident lawyer can determine which party is liable for paying damages for your injuries.
- Different laws: State law governs crashes that occur between two or more passenger vehicles. While these laws may apply after a truck accident, there are others, as well. There are a number of federal regulations that govern truck accidents and many people are unfamiliar with these laws, which can make a case more complex, particularly if you do not work with an attorney.
- Larger insurance policy limits: The insurance policy limits truck drivers and trucking companies carry are much larger than those carried by other motorists. While this does mean that you may be able to claim more compensation, it also means the insurance companies will fight back harder against your claim so they can better protect their profits.
Although it is always advised that you obtain legal representation after any collision on the road, the above factors make it even more important to seek the help of a Spartanburg truck accident lawyer.
Determining Liability After a Truck Accident
Many people assume that after a truck accident, the truck driver is always at fault. It is true that truck drivers can engage in many negligent behaviors such as impaired driving, speeding, and more, and these can all result in a serious crash. However, other parties may be liable, as well. These include:
- Trucking companies: Trucking companies have a legal duty to hire only capable and experienced drivers. If they do not do certain things, such as failing to conduct background checks, they can be held liable for a crash. Additionally, many truck drivers are employees of trucking companies. Trucking companies, like other employers, can be held vicariously liable for the negligent actions of their employees.
- Inspection and maintenance companies: Inspection and maintenance companies hired by trucking companies have a responsibility to perform their jobs properly. When they fail to do this and improperly maintained trucks cause a crash, these third parties can be held liable.
- Cargo-loading companies: Truck drivers do not always load their own cargo. When another company is hired to load cargo onto the truck and fails to do so properly, resulting in a crash, the cargo-loading company can be held liable.
- Manufacturers: All manufacturers have a responsibility to ensure the products they manufacture are safe and free of defects. When manufacturers of trucks or truck parts release faulty products, they can be liable for a truck accident.
- Government entities: When a defective roadway, improper design, or other negligent road condition causes an accident, the government entity responsible for designing and maintaining that road can be held liable for an accident.
Important Evidence in Truck Accident Cases
As with any other personal injury claim, you must present evidence that proves your case after a truck accident. The most important types of evidence in these cases are as follows:
- Photos of damage to your vehicle
- Photos and video footage of the accident scene
- Eyewitness statements
- Expert testimony
- Truck driver log books
- Inspection reports
- Maintenance logs
- Cargo logs
- Electronic monitoring data
- Substance abuse test results
- Employment records
Although you can collect some of this evidence at the scene, such as photos of the vehicles involved, other types of evidence are very difficult to obtain. For example, the trucking company may not agree to turn over their employment records, and obtaining them may require a subpoena. This is one reason why it is so important to work with a Spartanburg truck accident attorney. An attorney will understand the law and procedures to obtain the strongest evidence in your case.
Let Our Truck Accident Lawyer in Spartanburg Help with Your Case
If you have been hurt in a crash, do not go through the process on your own. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg truck accident lawyers can help you collect important evidence, determine who is liable, and negotiate with the other side to ensure you receive the full financial compensation you are entitled to. Call us today at 866-MCCRAVY or contact us online to schedule a free review of your case with our experienced attorney.