Semi Truck Accident Lawsuit Guide 2024

Given the sheer size of semi trucks, accidents involving them generally result in more serious injuries and body damage to vehicles.

Approximately 510,000 crashes were reported to police nationwide in 2019 that involved large trucks. Of those, 4,479 resulted in death and 114,000 resulted in injury. In 82% of those cases, the fatalities were not occupants of the arge truck.

Cars typically weigh 3,200 to 6,000 pounds while tractors can weigh 33,001 to 80,000 pounds. Large trucks also generally are taller and sit higher off the ground, which can result in cars sliding under commercial trucks in accidents at great peril to the occupants.

In one survey of truck drivers at 32 rest stops across the United States, one-third of respondents said they’d been involved in or more serious crashes in their driving career.

Driver fatigue caused by driving beyond legal time limits can be factors in commercial truck accidents. Under federal regulations, property-carrying commercial truck drivers are allowed to drive up to 11 hours after 10 consecutive hours of not driving, while passenger-carrying drivers are limited to 10 hours after eight consecutive hours off duty.

Road hazards and equipment or other property attached to the semi truck also can be a factor. In 2019, 75% of fatal crashes involving large trucks also involved a vehicle being transported. Single tractor trailers accounted for 55% of the fatal crashes, while doubles made up 2%.

Determining the cause of a semi truck accident is crucial to establishing solid legal grounds for a lawsuit. Law enforcement can conduct on-scene toxicology tests for criminal penalties, but other causes such as drowsiness also can show negligence and be grounds for a civil lawsuit.

The legal standard of negligence involves proving a duty of care, a violation of that duty and a causation of injury. Commercial trucking companies are required to keep many records that could help establish this in court. That includes maintenance records for the vehicles as well as records of drug and alcohol abuse by drivers.

Under federal law, positive drug tests and tests that indicate an alcohol concentration of 0.02 or greater must be retained for five years, while negative test results need to be stored for one year. Government agencies such as the Federal Motor Carrier Safety Administration may have records on the truck, driver and company. Records can be obtained by an attorney through the discovery phase of a lawsuit.

It is critical to document as much as possible from the moment the accident occurs. Law enforcement reports can be crucial, and you also can take your own photographs and record your own statement for record-keeping purposes. Surveillance cameras near the crash site also could provide useful evidence.

The driver of the semi truck could be blamed in an accident, but many accidents involving semi trucks also present other possible legal liability routes. That includes the training and maintenance involved in the truck, and the company that owns and operates it.

The history of the driver should be explored, as should the purpose for the driver being on the road. Other factors like highway infrastructure could make it possible to establish liability against government entities.

The legal standard for successful lawsuits against the company can involve proving that the semi truck driver was working under the control of an employer when the accident occured. If the driver is an independent contractor, the details of the contract and exact duties being performed at the time of the crash should be investigated.

If you are involved in a semi truck accident, you may be entitled to a variety of damages such as:

• Medical costs
• Loss of earnings
• Loss of earning capacity
• Pain and suffering
• Disfigurement
• Permanent disability
• Property damage to your vehicle
• Punitive damages against a driver or third party that was reckless

The amount of award or settlement varies with your injuries, long-term prognosis and the facts of your case

The possibility for multiple defendants and different liability claims makes it even more important to consider the full scope of the semi truck driver and the driver’s employer. Many semi trucks are commercial vehicles that are subject to federal regulations, so it’s useful to consider those records and their possible value to your case.

Some of those regulations as well as general advancements in technology have resulted in detailed data and recordings such as dash cameras and black boxes that could be very useful.

Given the complexity of semi truck accident cases, it’s important to find a lawyer who’s experienced and knowledgeable in personal injury law. It also helps for an attorney to have a background in insurance law and multi-defendant cases.

Some attorneys may specialize in car accidents but are not experienced in semi truck accidents. Others may not have the time to devote to extensive discovery and investigation if needed. This is why it’s important to research lawyers in your area and look around before selecting someone. Multi-lawyer firms may be a good option, but experienced solo practitioners can also produce great results.