Truck accidents involving semi-trucks, 18-wheelers, and other large commercial vehicles can cause catastrophic injuries, significant property damage, and even fatalities. Due to their size and weight, these crashes often lead to devastating consequences for victims.
Many truck accident victims face high medical bills, lost wages, and emotional distress. Unlike standard car accidents, truck accident claims are more complicated because they involve multiple parties, trucking regulations, and large insurance policies.
If you or a loved one has been in a commercial truck accident, understanding your legal rights, proving liability, and filing a proper claim can help you recover the compensation you deserve.
What to Do Immediately After a Semi-Truck Crash
Taking the right steps after a truck accident can make a big difference in your ability to receive compensation.
- Seek Medical Attention Immediately
Even if you feel fine, always seek medical care after an accident. Some injuries, like concussions, whiplash, or internal bleeding, may not show symptoms right away but can become severe over time.
Getting medical treatment also creates a record of your injuries, which is crucial for your legal case. Without medical documentation, insurance companies may argue that your injuries were not related to the crash.
- Call the Police and File a Report
Always call law enforcement to report the accident. The police will investigate the crash, interview witnesses, and create an official accident report. This report will serve as a key piece of evidence when proving fault and negotiating with insurance companies.
- Gather Evidence at the Scene
If you can, collect photos and videos of the accident scene. Make sure to capture:
- Damage to all vehicles involved
- Road and weather conditions
- Traffic signals and signs
- Any skid marks or debris
- The truck’s license plate and company name
If there are witnesses, get their contact information. Their statements may help establish who was at fault.
- Do Not Speak to Insurance Companies Right Away
Insurance companies may try to pressure you into accepting a quick settlement or making a statement that could harm your claim. Avoid discussing fault or signing any agreements before consulting with an attorney.
- Contact a Truck Accident Lawyer
A truck accident attorney can handle all legal matters on your behalf. They will gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.
Proving Liability in a Truck Accident
Determining who is responsible for a truck accident is more complex than in a typical car crash. Multiple parties could be held liable, including the truck driver, trucking company, cargo loaders, truck manufacturers, or other drivers.
Truck Driver Negligence
Truck drivers can be held responsible if they:
- Were speeding or driving recklessly
- Drove while distracted (texting, eating, or using GPS)
- Drove while fatigued and violated FMCSA hours of service regulations
- Were under the influence of alcohol or drugs
- Failed to follow traffic laws
Trucking Company Liability
The trucking company may also be at fault if they:
- Forced drivers to work overtime beyond legal driving limits
- Failed to properly train their drivers
- Did not conduct background checks before hiring
- Failed to inspect and maintain their trucks
Understanding FMCSA Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets safety rules for trucking companies and drivers. Violations of these rules—such as exceeding hours-of-service limits or failing to conduct regular truck inspections—can be used to prove negligence in a truck accident case.
Common Injuries in Truck Accidents
Truck crashes often result in severe and life-altering injuries. Some of the most common injuries include:
Spinal Cord Injuries and Paralysis
Truck accidents often cause serious spinal injuries that can lead to partial or full paralysis. Victims may require lifelong medical care, therapy, and assistive devices.
Traumatic Brain Injuries (TBI)
Brain injuries can result in memory loss, cognitive issues, mood swings, and permanent disabilities. Even mild concussions can have long-term effects.
Broken Bones and Fractures
The force of impact in a truck accident can lead to multiple fractures, requiring surgeries and months of recovery.
Internal Bleeding and Organ Damage
Victims may suffer internal injuries that are not immediately visible. If left untreated, these injuries can be fatal.
Whiplash and Soft Tissue Injuries
Even at lower speeds, truck accidents can cause severe neck and back injuries that require physical therapy and long-term treatment.
How to File a Truck Accident Lawsuit
Filing a truck accident lawsuit involves several key steps to ensure you receive fair compensation.
Step 1: Hiring an Attorney
A truck accident lawyer will investigate your case, collect evidence, and determine the best strategy for filing a claim against the at-fault parties.
Step 2: Collecting Strong Evidence
To build a strong case, you will need:
- Police reports
- Medical records
- Truck driver logs
- Maintenance records
- Witness statements
- Dashcam or surveillance footage
Step 3: Negotiating with Insurance Companies
Your lawyer will handle settlement negotiations to ensure you receive the maximum payout possible. If the insurance company refuses to offer fair compensation, your lawyer may proceed with a lawsuit.
Step 4: Going to Court if Necessary
If a fair settlement cannot be reached, your case may go to trial, where a judge or jury will determine the final compensation amount.
Truck Accident Settlements & Compensation
Average Settlement Amounts
Truck accident settlements can range from $100,000 to over $1 million, depending on the severity of the injuries and damages.
Factors That Affect Compensation
The final payout will depend on:
- Medical expenses (past, present, and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or permanent impairment
- Punitive damages (in cases of extreme negligence)
Dealing with Insurance Companies
Insurance companies may use delaying tactics or offer lowball settlements to avoid paying the full amount.
How to Protect Yourself in Negotiations
Never accept the first offer without consulting a lawyer
- Do not provide recorded statements
- Keep detailed records of medical bills, lost wages, and other expenses
- Let your lawyer handle communications with the insurance company
Frequently Asked Questions About Semi-Truck Accidents
Can I sue the trucking company after an accident?
Yes, you can sue the trucking company if their negligence contributed to the accident. This includes cases where they failed to properly train their drivers, ignored federal safety regulations, forced drivers to work beyond their legal driving hours, or neglected routine truck maintenance. Many trucking companies carry large insurance policies, and an experienced attorney can help you determine if the company should be held responsible for your injuries and damages.
How long does a semi-truck lawsuit take?
The length of a semi-truck accident lawsuit varies depending on the complexity of the case, the severity of injuries, and whether the case is settled or goes to trial. Some cases can be resolved in a few months if the insurance company agrees to a fair settlement, while others can take over a year if negotiations stall or the case proceeds to litigation. If a lawsuit is required, factors such as gathering evidence, depositions, and court scheduling can extend the process.
What damages can I recover in a truck accident case?
Victims of truck accidents may be eligible to recover compensation for various damages. These can include medical expenses for hospital stays, surgeries, rehabilitation, and ongoing treatment. Lost wages due to time away from work and a reduced earning capacity from permanent injuries may also be claimed. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life can be included. In some cases, punitive damages may be awarded if the trucking company or driver acted with gross negligence, such as driving under the influence or violating safety regulations.
What if I was partially at fault for the accident?
Even if you were partially at fault, you may still be eligible for compensation. Many states follow comparative negligence laws, meaning your settlement may be reduced by your percentage of fault. For example, if you were found to be 20% responsible for the accident and your damages totaled $100,000, your compensation could be reduced to $80,000. An attorney can help analyze the evidence to minimize any potential liability assigned to you.
How do I prove that the truck driver was negligent?
Proving negligence in a truck accident case requires strong evidence. This may include police reports, eyewitness statements, traffic camera footage, and data from the truck’s black box, which records speed, braking patterns, and driver activity before the crash. Medical records linking your injuries to the accident, trucking company records, and FMCSA regulation violations can also help demonstrate negligence. A truck accident lawyer will collect and analyze this evidence to build a compelling case on your behalf.
Contact Fulginiti Law Today
Truck accident cases are complex, involving multiple liable parties and aggressive insurance companies. Without legal representation, victims risk receiving far less than they deserve.
If you or a loved one has been injured in a semi-truck accident, do not wait. Contact Fulginiti Law today to protect your rights and secure the compensation you deserve.
