Minnetonka is a wonderful place to call home, but unfortunately truck accidents occur on a regular basis. When a passenger vehicle collides with a semi-truck, the injuries can be catastrophic, requiring extensive medical treatment. Expenses can overwhelm you overnight.
If you or a loved one was injured in a truck accident, contact the Minnetonka Truck Accident Lawyers at Fields Injury Law as soon as possible. You may be entitled to compensation for your medical bills and other accident-related damages.
Why Choose Fields Injury Law?
When you or a family member suffers injuries in a truck accident, you need the support of an established personal injury law firm.
The attorneys at Fields Injury Law have 20 years of experience helping accident victims seek justice and obtain the compensation they need to get back on their feet again. Our truck accident lawyers understand this is a difficult time for you and your family. We have the resources and the personal law experience to fight for full compensation on your behalf.
Don't delay. Contact a Minnetonka truck accident attorney from Fields Injury Law today for a free case evaluation.
How Common Are Truck Accidents in Minnesota?
According to the Minnesota Department of Public Safety’s latest crash facts report, 4,120 truck accidents resulted in 1,248 injuries and 71 fatalities in Minnesota in one recent year.
These accidents often leave accident victims and their families with difficult long-term medical, lifestyle, and financial consequences. When someone suffers injuries in a truck accident due to another party's negligence, they deserve compensation for all their losses.
What Compensation is Available to Truck Accident Victims?
In a truck accident claim, victims may recover damages to compensate for the losses they suffered due to the accident. These damages break into two categories: economic damages and non-economic damages.
Economic damages
Economic damages are tangible and measurable losses incurred by a plaintiff in a legal case, including:
- Medical bills: This includes costs for medical treatment, hospitalization, surgery, prescription medications, rehabilitation, and any ongoing medical care related to the accident.
- Property damage: Compensation for repairing or replacing damaged vehicles, personal property, and any other items damaged in the accident.
- Lost income: If the victim had to miss work due to injuries from the accident, they may recover compensation for the money they would have earned during that time.
- Lost earning capacity: If the victim's injuries result in a long-term or permanent reduction in their ability to earn income, they may recover compensation for the diminished earning capacity.
- Home modifications: In cases where the victim's injuries require modifications to their home to accommodate their condition, such as wheelchair ramps or accessible bathrooms, they may recover these costs.
- Funeral and burial costs: In fatal truck accidents, the victim's family may recover compensation for funeral and burial expenses.
Non-Economic damages
Non-economic damages refer to the intangible and subjective losses experienced by a plaintiff in a legal case, such as:
- Pain and suffering: Compensation for physical pain, emotional distress, and suffering caused by the accident and its aftermath.
- Emotional distress: Compensation for psychological trauma, anxiety, depression, and other emotional struggles resulting from the accident.
- Loss of consortium: This refers to the damage the accident caused to the victim's personal relationships, including loss of companionship, intimacy, and support from a spouse.
- Loss of enjoyment of life: Compensation for reducing the victim's ability to enjoy life's activities and experiences due to their injuries.
Who May Be Held Liable for a Truck Accident?
Depending on the circumstances leading to the accident, you can hold several parties liable for a truck accident and may seek compensation from more than one party.
Potential parties that you could hold responsible include:
- Truck driver
- Trucking company
- Truck owner
- Vehicle manufacturer
- Cargo loaders
- Shipping companies
- Government entities
How Can a Truck Driver’s Negligence Contribute to a Trucking Accident?
A truck driver's negligence can contribute to a trucking accident in various ways due to the sheer size and weight of commercial trucks, which makes them potentially more dangerous in collisions.
Here are some examples of how a truck driver's negligence can lead to accidents:
- Distracted driving: Engaging in activities such as texting, using a phone, eating, or adjusting controls while driving can divert a truck driver's attention from the road, leading to accidents.
- Fatigue and hours of service violations: Long hours on the road without adequate rest can result in driver fatigue, impairing reaction times and decision-making. Violating hours of service regulations that limit driving time can lead to drowsy driving.
- Speeding: Excessive speed reduces a truck driver's ability to react to sudden changes in traffic or road conditions and increases the severity of collisions.
- Reckless driving: Aggressive behaviors like tailgating, weaving between lanes, and ignoring traffic signals or signs increase the risk of accidents.
- Impaired driving: Driving under the influence of alcohol, drugs, or prescription medications can impair a driver's ability to operate the truck safely.
- Inadequate training: Trucking companies are responsible for training their drivers to operate commercial vehicles safely. Failure to provide adequate training can lead to accidents caused by driver incompetence.
- Improper lane changes: Failing to signal, not checking blind spots, or improperly merging can lead to collisions with other vehicles.
- Negligent maneuvering: Improper turns, failure to yield the right of way, or failure to adjust driving behavior in adverse conditions can cause accidents.
- Failure to secure cargo: Improperly loaded or unsecured cargo can shift during transit, causing loss of control and accidents.
- Ignoring maintenance issues: Neglecting to conduct regular vehicle inspections and maintenance can lead to mechanical failures that contribute to accidents.
- Failure to follow regulations: Violating trucking regulations, such as weight limits, can affect a truck's handling and increase the risk of accidents.
How Can You Hold a Trucking Company Responsible for Your Truck Accident?
You can hold trucking companies responsible for truck accidents in several ways, as their actions and decisions play a significant role in ensuring the safety of their drivers, vehicles, and the public.
Here are ways you can hold trucking companies accountable for accidents:
- Negligent hiring: If a trucking company hires drivers without proper qualifications, training, or a valid commercial driver's license (CDL), and these drivers cause accidents due to their lack of skills, you can hold the company responsible.
- Inadequate training: Trucking companies are responsible for properly training their drivers to safely operate commercial vehicles. Failure to provide adequate training can lead to accidents caused by driver incompetence.
- Failure to supervise: Trucking companies should monitor their drivers to ensure compliance with safety regulations and proper driving practices. You might hold them liable if they fail to supervise or address drivers' unsafe behaviors.
- Pressuring drivers: If a trucking company places unrealistic delivery schedules or pressures drivers to exceed legal hours of service limits, it can contribute to driver fatigue and unsafe driving behaviors.
- Maintenance and inspection negligence: Trucking companies are responsible for maintaining their vehicles in safe working condition. If a company fails to perform regular inspections and maintenance, accidents caused by mechanical failures might result in liability.
- Negligent cargo loading: You can hold the company responsible if the trucking company or a contracted party improperly loads or secures cargo, leading to accidents due to shifting loads.
- Recordkeeping violations: Trucking companies must maintain accurate records of drivers' hours, maintenance, and other important data. Falsifying or failing to keep proper records can indicate negligence in safety practices.
- Vehicle defects: If the trucking company fails to address known defects or recalls in their fleet contributing to an accident, you can hold them liable.
- Failure to follow regulations: Trucking companies must follow various federal and state regulations regarding driver hours of service, weight limits, and safety standards. Failing to follow these regulations can lead to accidents and liability.
- Negligent dispatching: A trucking company must dispatch drivers with realistic schedules and consider weather or road conditions to avoid accidents.
- Lack of safety policies: If a trucking company lacks proper safety policies, training programs, or protocols to address safety concerns, they might be held liable for accidents that result from their negligence.
How Might Vicarious Liability Apply to a Truck Accident Case?
Vicarious liability is a legal principle that holds an employer responsible for their employee's actions when those actions occur within the scope of employment. In a truck accident case, vicarious liability may apply to hold the trucking company liable for the actions of one of its truck drivers if the company's negligence played a role.
Vicarious liability doesn't absolve the employee of liability; instead, it holds both the employee and the employer accountable. The employee might not have the financial means to fully compensate the victim. This legal principle recognizes that employers benefit from their employees' work and should share the responsibility when their actions lead to harm.
How Do I Establish a Trucking Company’s Liability in a Truck Accident?
To hold a trucking company liable for a truck accident victim’s injury, you must establish:
- The truck was employed by the trucking company when the accident occurred
- The trucking company oversaw and controlled the driver’s actions
- The truck driver was doing their work-related duties at the time of the accident
Why Should I Hire a Lawyer for My Truck Accident Claim?
When you hire a truck accident attorney with Fields Injury Law, we can assist you in the following ways:
- Investigate the truck crash and advise you on your legal options
- File preservation orders with the trucking company or truck driver to secure evidence, including inspection reports, maintenance records, and hours of service logs
- Identify the cause of the accident and all liable parties, such as trucking and shipping companies
- Gather eyewitness testimony
- Hire accident reconstructionists and medical, engineering, and financial experts to testify on your behalf
- Negotiate a fair settlement with insurance companies
- File your case in civil court if negotiations with insurance companies fail to result in a fair settlement
- Represent you in court and advocate on your behalf should your case become a truck accident lawsuit
- Provide peace of mind
Contact a Minnetonka Truck Accident Lawyer at Fields Injury Law Today
Did you suffer injuries in a truck accident in Minnetonka? You don't have to navigate the legal complexities alone.
The experienced Minnetonka personal injury lawyers from Fields Injury Law are here to advocate for your rights, assess your case, and seek the compensation you deserve.
Contact us today at (612) 206-3495 or through our online form for a free consultation and let us help you on the road to recovery.
