What Can I Sue for in a Truck Accident?

A truck accident can leave you or your loved ones with devastating physical injuries, deep emotional trauma, and financial hardships.

After a truck crash, your day-to-day routine might involve doctor visits, physical therapy sessions, or simply learning how to cope with limiting physical and emotional injuries. If you suffer the inconsolable loss of a loved one killed in a truck accident, you may feel overwhelmed and uncertain about what to do next.

What can I sue for in a truck accident? is often the biggest question truck accident victims and their families face.

When a negligent truck driver or other party causes a serious accident, you have legal options.

Hiring an experienced truck accident lawyer should be among the first steps you should take after a truck crash injures you or a family member. They can investigate your accident, identify all liable parties, and determine how much compensation you deserve. They can file a claim for maximum damages on your behalf. If the at-fault parties are unwilling to settle fairly, you can file a lawsuit.

Knowing what to sue for in a truck accident case can give you some footing in this complex legal process. Other considerations, too, can provide context and help you know what to expect when you take legal action.

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Why Are Truck Accidents So Dangerous?

In one recent year, large commercial trucks were in 536,424 crashes across the U.S. Those crashes killed 5,936 people and injured another 160,608 people, according to the National Highway Traffic Safety Administration. About 35,333 truck accident victims suffered serious injuries. Most of those injured–about 70%–occupied passenger vehicles.

Thousands of individuals and their families suffered unnecessarily because of someone else’s negligence or misconduct. All it takes is a moment’s lapse of attention or a simple error to cause a catastrophic crash.

Commercial trucks, such as tractor-trailers or semis, can weigh up to 80,000 pounds when fully loaded. An average passenger car weighs just 3,000 to 4,000 thousand pounds. This enormous weight disparity means that in a collision, the occupants of smaller vehicles face a high risk of severe injuries and death.

The sheer momentum behind a large truck makes it harder for the driver to stop or maneuver quickly, especially at highway speeds. When a truck collides with other traffic, the occupants of smaller passenger vehicles bear the brunt of the violent impact.

Common Causes of Truck Accidents

Commercial truck accidents are entirely preventable, and many of them can be traced back to truck driver negligence or other human error. When careless or reckless behavior leads to a devastating wreck, you can hold the trucking company and its insurers responsible for compensating you for your injuries.

Here are some of the most common causes of commercial truck accidents:

• Driver fatigue: Long hours on the road can wear down even the most seasoned drivers. Drowsy driving leads to slower reaction times and poor decision-making and is a factor in 13% of truck accidents.
• Distracted driving: Sending text messages, talking on the phone, eating, changing the GPS, and other forms of distracted driving are other major causes of truck accidents.
• Speeding: Driving too fast for conditions or exceeding posted limits puts everyone on the road in danger.
• Failure to adjust driving in poor weather: Truckers who fail to adjust their driving in rain, snow, ice, fog, or other conditions that reduce visibility and affect braking endanger others.
• Mechanical failures: Faulty brakes, defective tires, and other vehicle component malfunctions can cause a truck driver to lose control of an 18-wheeler.
• Overloading: Exceeding the recommended weight limit makes a truck harder to stop, increasing the likelihood and force of a collision.
• Inexperience: Handling an 80,000-pound truck requires training and skill. Inexperienced drivers might misjudge stopping distances or struggle with tight turns.
• Poor training and oversight: Commercial truck drivers must meet much higher standards for good reasons. But when trucking companies fail to screen, train, or supervise their drivers, others may often pay the price.
• Improper maintenance: Skipping routine inspections or ignoring signs of mechanical trouble can lead to dangerous equipment failures on the road.
• Aggressive driving: Tailgating, weaving between lanes, or refusing to yield while driving a heavy commercial vehicle puts others at risk.
• Drunk driving: Driving under the influence of alcohol is dangerous for any driver, especially those controlling large commercial vehicles.
• Impaired driving: Prescription medications, illegal drugs, or fatigue can also impair a driver’s judgment, reaction time, and coordination.

When a truck driver or trucking company fails to follow safety protocols, innocent motorists like you face devastating consequences.

Common Truck Accident Injuries

The violent forces produced in a truck crash can impact every part of the human body, even in relatively “minor” or low-speed truck accidents.

Some injuries commonly associated with truck collisions include:

• Traumatic brain injuries (TBIs): The most mild cases of traumatic brain injury, such as a concussion, can still have lasting cognitive and emotional effects. Severe TBIs can cause permanent changes in personality or ability to function independently.
• Spinal cord injuries: Damage to the spinal cord can result in partial or total paralysis, ongoing pain, emotional and psychological trauma, and a lifetime of expensive medical care.
• Back and Neck injuries: Whiplash, herniated discs, and chronic pain are common after high-impact collisions.
• Soft tissue injuries: In violent wrecks, muscles, tendons, and ligaments can tear or overstretch, leading to chronic discomfort and mobility issues.
• Lacerations and abrasions: Broken glass and twisted metal can cause severe cuts that leave scars or disfigurement.
• Fractures: Broken bones often take months to heal and may require surgery or physical therapy.
• Internal injuries: Internal bleeding and organ damage may not be immediately apparent but can become life-threatening if untreated.
• Burns: Exposure to fire, hot fluids, or chemicals from a tanker truck crash can cause excruciating burns that require specialized medical treatment.

Liability for Trucking Collisions

Truck accident claims often involve more than just the truck driver. When you’re facing steep medical bills and other losses, you may recover compensation from every party whose negligence played a role in the crash.

An experienced lawyer will investigate your accident thoroughly to identify every party that shares responsibility.

Liable parties may include:

• The truck driver: You can hold a fatigued, intoxicated, or otherwise careless driver accountable for your injuries.
• The trucking company: When a trucking company pushes drivers to meet deadlines, fails to follow safety regulations, or neglects routine maintenance, you can hold it liable for ensuing collisions.
• The vehicle manufacturer: Defective brakes, tires, or steering mechanisms might point to a design or manufacturing issue.
• Maintenance providers: If a truck’s mechanics or repair technicians failed to identify or fix a mechanical problem, can hold them liable.
• Loaders and shippers: Improperly loaded or overweight cargo can shift mid-transit and cause the driver to lose control.
• Government entities: If poor road design, inadequate signage, or missing guardrails contributed to the crash, a governmental body might share responsibility.

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Why Are Truck Crash Cases So Challenging?

Truck accident cases are some of the most complex personal injury cases we handle. They involve multiple laws and industry standards that do not apply to ordinary passenger vehicle accidents. Multiple parties, extensive insurance policies, and high-value claims make these cases challenging.

Here are some of the biggest hurdles:

• Regulatory environment: The Federal Motor Carrier Safety Administration (FMCSA) governs commercial trucking with complex rules and regulations. Knowing how rules about drivers’ hours of service, weight limits, truck maintenance, driver training, and more affect your case is imperative. Violations can support a claim for damages, but identifying them takes detailed knowledge of trucking regulations.
• Insurance issues: Trucking companies and other liable parties carry special insurance policies that most people would find extremely difficult to decipher. Insurance adjusters also will fight aggressively to minimize or deny your claim to protect company profits, especially when your injuries are severe and there is more money at stake for them.
• Multiple parties: Your claim might involve the driver, the trucking company, shippers, maintenance providers, and vehicle manufacturers. The more parties involved, the more likely finger-pointing and delays will occur.
• Severe injuries: Life-altering injuries often mean higher claims for damages, which raises the stakes for insurance companies. Defendants and insurers might engage in more aggressive tactics to avoid paying large sums.
• Collecting evidence: Data from the truck’s electronic control module (also known as the black box), driver logs, and maintenance records can bolster your claim. However, this information can be lost or destroyed if not properly preserved. Securing these records and analyzing them requires diligence and quick action.

Despite these challenges, you deserve fair compensation when a negligent truck driver or trucking company has caused you serious harm.

Economic Damages

These are tangible, measurable financial losses you incur due to the crash. They aim to make you “whole” again from a financial perspective.

Examples include:

• Medical expenses: Medical costs usually include hospital bills, ambulance fees, surgeries, medications, physical therapy, and ongoing treatments for your truck accident injuries.
• Lost wages: If your injuries prevent you from working, you can claim compensation for the income you lose during your recovery period.
• Loss of earning capacity: If you can no longer perform the same job or must work fewer hours due to your injuries, you can seek damages for the difference in your future earning potential.
• Property damage: You can claim damages for vehicle repairs or the value of a totaled vehicle.
• Out-of-pocket expenses: These include costs for transportation to and from medical appointments, home modifications, and anything else you need to spend money on due to the accident.

Non-Economic Damages

You might also suffer serious or debilitating psychological and emotional harm.

These non-economic damages can include:

• Pain and suffering: Physical pain and emotional distress from injuries can last long after you leave the hospital.
• Loss of enjoyment of life: You may be unable to engage in hobbies, recreational activities, travel, or do things that once brought you happiness.
• Emotional distress: Anxiety, depression, post-traumatic stress, and other mental health challenges can linger for years or a lifetime after a serious crash.
• Scarring and disfigurement: Severe lacerations or burns can permanently alter your appearance, affecting you emotionally and psychologically.
• Loss of companionship: Serious injuries can weaken and damage your relationships with your spouse, children, or other loved ones in profound ways.

Wrongful Death Damages

Never undervalue the shock and grief of losing a loved one.

When truck accidents take the lives of loved ones, certain family members may file a wrongful death to seek compensation for:

• Funeral and burial expenses
• Medical bills related to your loved one’s final injury or illness
• Loss of financial support
• Loss of emotional support and guidance

Each state has specific rules for who can bring a wrongful death lawsuit and what damages they can claim. Although no amount of money can fill the void left behind by a tragic loss, a wrongful death action can provide much-needed financial security during an incredibly difficult time.

Punitive Damages

In some cases, courts may award punitive damages to punish drivers or companies for especially reprehensible negligence or misconduct. These damages do not compensate you for a specific loss but serve as a financial deterrent to prevent the defendant and others from engaging in similarly dangerous behavior.

Factors That Affect Your Compensation

Several considerations can affect the compensation you may receive in a truck accident lawsuit, including:

• The severity of your injuries: Serious or catastrophic harm generally leads to higher medical bills, lengthier recovery periods, and extensive long-term care needs. These greater expenses increase the overall value of your claim.
• Your share of fault: Every state follows one of three negligence rules for determining fault and the amount of compensation one may receive:
  • Colorado, for instance, uses the modified comparative negligence rule with a 50% threshold. Here, you can recover damages as long as you’re not 50% or more at fault, but your damages will decrease by the same percentage.

• Insurance coverage: The availability and limits of the at-fault party’s insurance policy can affect your final recovery amount.
• Quality of legal representation: A dedicated legal team can identify liable parties, negotiate with insurers, and advocate for the most favorable outcome on your behalf. They will also defend you against any attempts to shift undue fault for the accident on you.

Proving Negligence in Your Truck Accident Case

A successful truck accident lawsuit requires showing that another party’s negligence caused your injuries.

If your attorney can prove the following four elements, you have a strong claim:

1. Duty of care: The truck driver or other defendant was responsible for operating or maintaining the vehicle safely.
2. Breach of duty: The defendant failed in that responsibility (for example, by driving while distracted or operating a truck with bad brakes).
3. Causation: The defendant’s breach directly caused the accident that led to your injuries.
4. Damages: You suffered measurable losses, such as medical bills, lost wages, or pain and suffering.

We’re Here to Support You After a Truck Accident

At Fuicelli & Lee, we understand your challenges after a negligent truck driver or trucking company injures you.

Our personal injury attorney bring dedication and compassion to every case. We get results, and our commitment to our clients has resulted in a proven track record of life-changing settlements and awards.

Call us today at (303) 444-4444 or complete our online consultation form. Don’t let trucking companies and their army of corporate lawyers and insurers take advantage of you.

At Fuicelli & Lee, we level the playing field so you have the best chance possible of obtaining full, fair, and complete compensation.

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