A semi-truck accident is a type of personal injury that occurs when the negligence of a truck driver or other driver causes a collision with a semi-truck. Several parties can be held responsible for the accident, including the truck driver, other driver, trucking company, truck manufacturer, or cargo loaders. Victims of a semi-truck accident may be entitled to compensation for medical bills, rehabilitation costs, lost income, emotional pain and suffering, or punitive damages. Partnering with a skilled personal injury attorney will give you your best chance of a desirable outcome in your truck accident case.
If you have been in a semi-truck accident, you may wonder if that is considered a personal injury. Understanding this distinction is crucial, especially when seeking legal help and compensation.
The short answer is yes—semi-truck accidents typically fall under personal injury law. Victims should seek experienced, trusted guidance from a personal injury attorney who specializes in semi-truck accident cases.
What Constitutes a Semi-Truck Accident Personal Injury Case?
A semi-truck accident can be a personal injury case if the at-fault driver causes the other driver or any passengers physical, emotional, or psychological damage following the accident. Negligence or wrongdoing can lead to a semi-truck accident that causes serious injury, property damage, or even wrongful death. The at-fault party is the one considered liable for the collision and is responsible for covering any damages.
Determining Truck Accident Liability
Establishing liability in a truck driving accident is crucial to any case. Victims can only pursue compensation once it is determined who is at fault and responsible for covering damages.
Sometimes, a semi-truck accident involves a party that is 100% responsible for the accident. Another case may involve two drivers who are 50% responsible, or equally at fault, for the accident. This kind of split occurs when both drivers exhibit equally bad driving behaviors that lead to the accident.
Many assume either the truck driver or the other driver is always at fault or partially at fault for a semi-truck accident. However, liability in a semi-truck accident can involve a number of parties:
The Truck Driver
The truck driver may be liable for a semi-truck accident if they exhibited dangerous driving behaviors, such as:
- Speeding
- Reckless driving
- Aggressive driving
- Distracted driving
- Impaired driving
- Driving without proper rest
The Other Driver
The other driver may operate another semi-truck, a passenger car, or a different type of vehicle. Regardless, they may be responsible for the accident if they exhibited dangerous driving behaviors, including, but not limited to:
- Speeding
- Improper lane changes
- Tailgating
- Erratic driving
- Distracted driving
- Impaired driving
The Trucking Company
If the at-fault driver drives for a trucking company, the company may share the blame for the accident. This occurs when the company proves to have failed in areas like:
- Proper hiring practices
- Proper driver training
- Truck maintenance
Truck Manufacturer
In some cases, the truck manufacturer can bear some responsibility for the trucking accident. Investigations may reveal that certain components or systems of the truck were defective, such as the:
- Tires
- Brakes
- Steering system
- Transmission
- Trailer Hitch
- Electrical system
Cargo Loaders
Sometimes, the cargo within the truck’s trailer is not balanced, secured, or otherwise loaded correctly, leading to an accident. In cases of improper loading, investigations may reveal the cargo loaders’ responsibility for a semi-truck accident.
Why You Need a Semi-Truck Accident Lawyer
Semi-truck accidents can be complex, and determining liability can be difficult on your own. Partnering with a skilled semi-truck accident lawyer can ensure you receive the compensation you deserve.
An experienced semi-truck accident attorney will:
- Investigate your case
- Uncover the negligence that led to the accident
- Establish liability
- File your trucking accident claim
- Handle negotiations with insurance companies
- Pursue maximum compensation
Types of Compensation in Semi-Truck Accident Cases
A victim of a semi-truck accident can suffer numerous consequences following the incident that deserve compensation. Types of compensation following a semi-truck accident can include:
Medical Expenses
A collision with a semi-truck can lead to significant injuries or physical damage. As a result, victims can incur hefty medical bills on their road to recovery.
Rehabilitation Costs
Rehabilitation is often necessary following a semi-truck accident. Rehabilitation is a common need if the victim suffers from significant damage to the legs, arms, spine, or neck. Along with medical expenses incurred, rehabilitation costs can add up as the victim works to restore function and mobility.
Lost Income
Injuries sustained after a semi-truck accident can lead to lost income. Often, the victim is unable to work during the recovery period. In some cases, the injuries are so severe that the victim is unable to return to work, leaving them without the ability to earn a living wage.
Pain and Suffering
Experiencing a semi-truck accident and the aftereffects can be emotionally scarring for victims. Plus, it can be painful to live a diminished quality of life as a result of someone else’s negligence or wrongdoing.
Punitive Damages
Sometimes, the other driver’s negligence is extreme enough to require punitive damages. If it is proven that the other driver intentionally tried to harm the victim, the victim may be awarded punitive damages that punish the at-fault driver for their malicious actions.
What Should I Do After a Semi-Truck Accident?
If you are ever involved in a semi-truck accident, there are some immediate steps you should take:
- Seek medical attention: Get medical help immediately, even if injuries seem minor.
- Contact the police: Have law enforcement visit the scene to make a report.
- Contact your insurance company: Inform your insurance company of the accident.
- Gather documentation: Document everything related to the accident, from photos to witness statements and police reports.
- Contact a trusted semi-truck accident lawyer: Reach out to an experienced personal injury law firm like Clark, Smith & Sizemore to discuss your rights and options.
If you or a loved one has experienced a semi-truck accident, let the attorneys at Clark, Smith & Sizemore fight for you.
Semi-truck accidents are serious personal injury cases that can lead to extensive damage, pain, and suffering. If you or a loved one have experienced a semi-truck accident, contact our attorneys to help you navigate your case and receive the compensation your family deserves. Our team thoroughly investigates your case and fiercely represents you in the fight for justice. Call us today for a free consultation: 478-254-5040.
Thank you for checking out part 3 of our 6-part series on semi-truck accidents. Stay tuned for our upcoming articles:
- Semi-Truck Accident Facts
- Common Semi-Truck Accident Myths
- Is a Semi-Truck Accident Considered a Personal Injury?
- Common Types of Semi-Truck Accidents
- Choosing a Semi-Truck Accident Attorney
- Your 2025 Guide to Navigating a Semi-Truck Accident