It only takes a momentary mistake by a truck driver to cause a serious accident that can lead to life-changing impacts. Trucks are extremely large vehicles that vastly outweigh passenger cars.
Truck drivers must control their vehicles at all times, exercising prudence and judgment. In fact, that is the duty that they owe you under the law. If a truck driver has injured you in an accident through their careless actions, you may recover substantial financial compensation for your injuries.
The best way to give yourself the strongest chance of getting a full and fair settlement check for your injuries is to hire a truck accident lawyer as soon as possible after the crash.
The truck company's is dedicated to making your life as difficult as they can, and a truck accident attorney can overcome the barriers in your way.
The time to hire a truck accident lawyer is immediately if you do not already have one. The days after a truck accident are important to your case, and the insurance company may already be trying to act to compromise your legal rights.
It costs you nothing out of your pocket to hire a truck accident lawyer, and you only pay them if you win your case by receiving a settlement or a jury award. All you need to do to get a truck accident lawyer working on your side is to sign a representation agreement that promises to pay them if, and when, you win your case.
As you can see, you do not take on any financial risk when you hire a Minnetonka truck accident attorney to represent you in the legal process.
What Are the Main Causes of Truck Accidents?
Distracted Driving
Generally, truck drivers do not want to pull over when they are driving, unless circumstances force them to. Because of federal rules, they only have a certain amount of time that they can drive before they must take a break.
Therefore, a truck driver may do things like eat behind the wheel because they want to maximize their time on the road. Even worse, a truck driver may take their eyes off the road completely because they are doing something like texting.
Every time the truck driver stops looking ahead, it can take them as long as thirty seconds to refocus their attention on the road.
Truck drivers must make split-second decisions behind the wheel, and they must make these decisions in time to take effective action. For example, they need adequate time to apply the brakes in order to stop in time to avoid rear-ending another vehicle.
If a driver is changing lanes, they need to check numerous blind spots in a short amount of time, and they must pay full attention. Distracted driving greatly raises the risk of truck accidents.
Speeding
Truck driving is a very time-sensitive profession. Drivers must travel a great distance in a limited amount of time so they can make punctual deliveries. Whether they are trying to reach a destination faster, or they just have dangerous personal habits, truck drivers might speed.
When a truck driver exceeds a safe and reasonable speed, they increase the risk of every type of truck accident. For example, a truck may roll over when the truck driver approaches a curve too quickly.
If a truck driver brakes too hard after speeding, it can cause a truck to jackknife, meaning the trailer swings out to the side of the truck’s cab, uncontrollably, usually making a “V” shape.
Speeding affects the amount of time a driver has to respond to a challenge on the road. Speeding truck drivers do not have the same reflexes that they would if they were traveling slower. It takes all of the driver’s reflexes to drive a truck safely. It is no surprise that speed is a factor in many truck accidents.
Fatigued Driving
Truck drivers have time pressures that require them to make deliveries on time. They may feel tempted to pull an extremely long shift to make up time.
Federal trucking regulations require drivers to take rests at certain times and limits the number of hours that they can drive on a shift and in a week. Most drivers will follow these rules because of the electronic logs that track their compliance. However, their trucking company bosses can pressure them to break the rules if they run late.
Even if a driver follows the hours of service rules, nothing says they are getting the proper rest before getting behind the wheel. They must spend a certain amount of time during their break in the sleeper berth, but there is no proof that the driver has actually slept.
In addition, the driver may have unhealthy habits that cause fatigue, or a prescription medication that makes them tired.
Finally, the truck driver may be doing the bulk of their driving at night because they want to maximize the distance that they can travel when there is less traffic on the road. At this time, their body rhythms may be off, and their reflexes may erode.
Driver Inexperience
Truck drivers face many challenges every time they are on the road. Conditions always change, and they must respond to the actions of other drivers. It takes a certain amount of seasoning behind the wheel for a truck driver to have a better idea of how to make the split-second decisions that are required of them.
However, an entire generation of truck drivers is nearing retirement age. Other truck drivers are stepping away from the profession because they are tired of living their entire lives on the road.
Trucking companies must replace these departing drivers, but businesses struggle to find enough operators to make all the necessary deliveries.
Further, trucking companies do not want to pay the earnings necessary to attract more experienced and safer truck drivers. Hiring truck drivers is an exercise of the old adage, “You get what you pay for.”
When trucking companies retain inexperienced drivers, they end up with operators who can present a danger because they simply do not know how to respond to certain situations on the roadway.
Recently, trucking companies have been hiring younger drivers. Recent legislation allows truck drivers as young as 18 to make cross-country trips, which is certainly unsafe for everyone else on the road.
The Trucking Company As the Cause of the Accident
In most cases, the driver would have been to blame for the truck accident because they made a mistake in the circumstances leading up to the accident.
However, the truck driver may have been placed in a dangerous situation by another driver or the trucking company that employs them. The trucking company has its own motivations at work, and they do not always factor in the safety of its own drivers.
The trucking company wants trucks out on the road making deliveries, and they want them on time to appease their customers.
Improper Maintenance
Accordingly, the trucking company can be to blame for an accident for various reasons. They may have cut corners to get the truck onto the road. While trucking companies must only put roadworthy vehicles onto the roadway, they may skip inspections or repairs because they do not want to lose money.
Trucks in the shop are vehicles that cannot earn money for the trucking company.
The trucking company may have deferred critical maintenance, such as fixing brakes or repairing the steering.
Alternatively, the trucking company may have outsourced maintenance to a third party, who did not perform as required. Then, you can hold the third party responsible, potentially along with the trucking company that hired or retained them.
Dangerously Secured Cargo
The trucking company may have also caused the accident by failing to properly tie down and load the cargo onto the truck. Federal trucking regulations are very clear about how to secure cargo onto the truck before the driver can proceed onto the road.
Improperly secured cargo is not necessarily something that the driver can notice or fix. When cargo shifts on the road, it can fly off the truck, or it can shift the center of gravity on the truck. Then, the truck may be at risk of a rollover accident.
Failure to Terminate Dangerous Drivers
Trucking companies have a legal responsibility to put safe drivers onto the road. However, in their haste to ensure that they have enough operators at the cost they want, the trucking company may hire drivers who either have a checkered safety record, or keep those onboard who have safety violations.
You can hold trucking companies liable for negligent hiring and retention when they put a driver behind the wheel who they know are dangerous.
If the driver is known to have reckless habits or if they have tested positive for alcohol, the trucking company must take them off the road.
Defective Truck Parts
Tractor-trailers are very complex vehicles. They are 75 feet long and weigh up to 80,000 pounds when fully loaded, and they have numerous technological instruments truck drivers rely on.
Critical parts on the truck include:
- Brakes
- Steering
- Suspension
- Tires
- Electrical wiring
- Fuel system
If anything goes wrong on the truck, it can cause a serious accident. Even if one of the 18 tires blows out, the truck driver will likely lose control of their vehicle, causing a rollover or jackknife crash.
The same goes when the truck driver cannot brake in time to avoid an accident. It can take up to one-tenth of a mile to bring the truck to a complete stop. The brakes must respond instantaneously when the driver applies them.
If a defective truck part caused the accident, you can file a product liability lawsuit against the company that made the truck or the part. In some cases, you can sue anyone involved in the manufacturing of the truck or defective parts and those who sold the truck to the trucking company.
Product liability lawsuits can result in a considerable amount of compensation should you win your case.
How a Truck Accident Lawyer Helps You
Before you can file a truck accident claim, you must know what happened to cause the crash. You must prove that someone else was negligent before you can be paid for your injuries.
A truck accident attorney can perform a complete investigation of the accident and help determine the cause, so you know where and how to seek compensation. There can be several causes and responsible parties. Then, your truck accident attorney will advise you to file a lawsuit against all responsible parties so you can maximize your financial compensation.
When you hire a truck accident lawyer for your case, they can:
- Investigate the accident and gather evidence to prove that someone else was to blame for what happened
- Review your specific situation to estimate the damages that you have suffered, and what you should seek in compensation
- Prepare and draft a lawsuit complaint or insurance claim to file on your behalf
- Represent you throughout the lawsuit process as you build your case through discovery and deposition
- Negotiate a truck accident settlement with the insurance or trucking company
- Argue your case in court and present evidence in your favor if you cannot settle
It may take some time to learn the cause of the accident, so you should always hire a truck accident attorney early in the process. They need time to investigate your accident and gather the evidence you need before it is lost. If you do not already have a truck accident attorney, now is the time to contact one to schedule a free initial consultation.
Call An Experienced Truck Accident Attorney Today
When considering pursuing a personal injury lawsuit, consultations are always free. Don't delay, call our Minnetonka personal injury lawyers today.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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