Truck Accident Compensation: The Claim, Injuries and Fault

Three percent of all traffic accidents on the roads of the United States involve commercial trucks. Breaking down the three percent of trucks accidents, one finds that they were responsible for 5,000 fatalities and 130,000 injuries on highways and roads each year. Even though trucks are an important part of the country’s economy because they transport food, clothing, electronics, and otheritems from manufacturers to retailers all across the nation, they remain a major factor in many accidents. One of the major reasons large commercial trucks such as 18 wheelers or big rig flatbed trucks are incredibly dangerous to smaller vehicles is because they are some 40 times heavier than passenger cars. A big rig is any truck that has a gross vehicle weight of 10,000 pounds or more and those are the majority of trucks that are long distance carriers. If you or a loved one has been injured in a truck accident, contact a truck accident attorney at the law offices of Gordon & Elias, L.L.P. to get expert legal advice for obtaining the rightful compensation for your injuries. Call TOLL FREE at: 800 - 773 - 6770 to speak to an attorney.

The Victim’s Injuries

Victims of truck accidents can suffer mild to serious to fatal injuries. These injuries include trauma, concussions, comas, broken bones,fractures, lacerations, abrasions, severed limbs, emotional stress and medical issues that can last for years or even your lifetime. The victim of a truck accident should be able to recover compensation for property damage, medical bills, hospital bills, economic damages, physical pain and suffering and emotional pain and suffering from those who are found liable. In some instances, the victim of the accident can receive compensation for punitive damages as well. Punitive penalties can be imposed by the court that will punish the defendant for their actions, in hopes of deterring the defendant from committing the same egregious act again.

The Defendant

It is extremely rare for a truck driver to suffer either serious injuries or to suffer fatal injuries in a truck accident that involves a collision with a smaller passenger vehicle. When you are driving a massive vehicle that is 40 times heavier than a passenger vehicle, cit doesn't take a genius to recognize which vehicle is going to suffer the most at impact. Depending upon the circumstances surrounding the cause of the truck accident, the defendant in truck accident claims can be either the truck driver or the trucking company, and as well as any manufacturer, marketer, designer, or retailer of defunct or malfunctioning parts on the semi. In some complex truck accident cases, multiple parties can be defendants. The experienced truck accident attorneys at Gordon & Elias, L.L.P. have litigated many complex cases.

Fault Factors

The United States Department of Transportation enforces an unsafe driving act, which details 26 unsafe driving actions by motorists of passenger cars in the vicinity of large trucks. The study was conducted in 1999 by interviewing experts, truck drivers, and reviewing collision investigation reports. Although there are 26 unsafe driving actions, the top five unsafe acts rated according to the danger or risk of death were::

• Unsafe passing, basically with insufficient road space
• Driving left of center into opposing traffic
• Driving while impaired with alcohol or drugs
• Failing to discern that the trailer of a truck is blocking a roadway
• Driving at unsafe speed
• Failing to stop at a stop sign or red light

The remaining unsafe acts by by motorists in the vicinity of large trucks are:

• Inattentive driving
• Improperly merging into traffic
• Failure to slow down in a construction zone
• Driving at unsafe speed
• Following too closely
• Failure to slow down in inclement weather
• Changing lanes abruptly
• Driving in the blind spots of trucks or cars
• Unsafe turning
• Unsafe passing
• Pulling into traffic without acceleratingproperly
• Driving while impaired by alcohol or drugs
• Changing lanes in front of another truck
• Unsafe crossing
• Driving left of center into opposing traffic
• Failing to permit a truck to merge
• Nearly striking the front or rear of a truck while changing lanes
• Moving to the right of a truck while the truck is making a right turn
• Operating at dawn or dusk without headlights
• Crossing a lane line near the side of a truck while passing
• Driving between large trucks
• Nearly striking a truck in the front or rear while it is stopped
• Nearly striking a truck that is unattended or parked roadside
• Abandoning a vehicle in a travel lane or impeding traffic

There are nearly an infinite number of potential truck accident causes and determining fault can be one of the most critical aspects of a truck accident claim. Drive carefully and be aware that your unsafe driving actions near big rigs can put you and your passengers in danger. Hiring a qualified truck accident lawyer from Gordon & Elias, L.L.P. can ensure you have the best chance at recieving the compensation you deserve from the proper parties if you are in a truck accident.