Trucking accidents are a significant concern on U.S. highways. With large, commercial vehicles traveling alongside regular cars, the potential for severe injury or death in the event of a collision is high. Trucking companies and their drivers are held to strict safety regulations, but when these regulations are violated or ignored, the consequences can be catastrophic.

If you or a loved one has been involved in a trucking accident, it is essential to understand the legal complexities of such cases. This includes knowing who the defendants are, the types of injuries that can occur, why these accidents happen, and what steps to take to protect your rights. In addition, it is crucial to know why you need an experienced and skilled attorney to represent you, and how the law firm of Gunn | Slater can help you get the justice you deserve.

The Nature of Trucking Accidents

Trucking accidents are motor vehicle collisions that involve large trucks or commercial vehicles, such as semi-trucks, 18-wheelers, box trucks, and other large freight vehicles. Due to the size, weight, and speed at which these vehicles travel, trucking accidents often result in significant damage, severe injuries, and even fatalities.

In the U.S., there are over 500,000 trucking accidents annually, many of which result in life-altering injuries or deaths. The victims of these accidents not only include the drivers of smaller passenger vehicles but also pedestrians, cyclists, and other truck drivers. With more than 70% of trucking accidents resulting in injuries or fatalities to the occupants of other vehicles, trucking accidents are among the most dangerous types of collisions on the road.

Who Are the Defendants in a Trucking Accident Case?

Several parties may be responsible for a trucking crash Identifying the right defendant(s) is crucial for filing a successful claim and securing fair compensation. The main parties who can be held accountable for trucking accidents include:

The Truck Driver

The truck driver is often the first party to be examined in a trucking accident case. If the driver was negligent—whether due to speeding, distracted driving, impaired driving, or driving while fatigued—then he or she may be held personally liable for the crash.

For example, a truck driver who fails to follow traffic laws, ignores speed limits, or operates the vehicle under the influence of alcohol or drugs could be responsible for the accident. In addition, if the driver has violated hours-of-service regulations (which limit the number of hours a driver can be on the road before taking a break), then they may be liable for the accident.

The Trucking Company

In many cases, the trucking company that employed the driver can also be held liable for the accident. If the company failed to ensure that the driver followed proper safety protocols, adequately maintained the vehicle, or was properly trained, it may be considered negligent.

Trucking companies are responsible for ensuring that their drivers are properly trained, licensed, and fit for duty. If they fail to do so and an accident occurs as a result, then the company may be held accountable. Additionally, if the company failed to conduct proper background checks, hired drivers with poor safety records, or failed to investigate complaints about a driver’s behavior or performance, then they may also be liable.

The Truck Manufacturer or Parts Supplier

In some cases, a defect in the truck or one of its components, such as the tires, brakes, or engine, may have caused the accident. If this is the case, then the manufacturer of the truck or the supplier of faulty parts may be held responsible for the crash.

If an investigation reveals that the vehicle was not properly maintained or that there was a manufacturing defect that led to the accident, then the manufacturer or maintenance company can be named as a defendant.

The Maintenance Provider

Sometimes, the cause of a trucking accident lies in poor maintenance or inspection of the truck. If a maintenance provider was responsible for ensuring that the vehicle was in proper working order and failed to do so, then they could be held accountable for the accident.

The Load Shipper

In certain circumstances, the party responsible for loading or securing cargo may be liable for the accident. Overloading a truck or improperly securing the cargo can lead to accidents such as cargo spills, lost loads, or truck rollovers. If the shipper failed to properly load the truck, then they may be partially responsible for the accident.

Common Injuries from Trucking Accidents

Trucking accidents often result in catastrophic injuries due to the significant size and weight difference between a large truck and a smaller passenger vehicle. The most common injuries sustained in trucking accidents include:

Traumatic Brain Injuries (TBIs)

Due to the violent nature of trucking accidents, traumatic brain injuries (TBIs) are common among victims. A TBI can range from a mild concussion to severe brain damage that affects cognitive function, memory, speech, and motor skills. The long-term consequences of a TBI can be life-altering.

Spinal Cord Injuries

The force of a truck collision can cause severe spinal cord injuries that may result in partial or complete paralysis. Injuries to the spinal cord can lead to lifelong disability, requiring extensive medical treatment, therapy, and rehabilitation.

Fractures and Broken Bones

The impact of a trucking accident can result in broken bones, fractures, and joint injuries. These injuries can range from minor to severe and may require surgery or long-term rehabilitation, or they may cause permanent disability.

Internal Injuries

Trucking accidents can cause significant damage to internal organs, leading to internal bleeding, ruptured organs, or other life-threatening conditions. These injuries may not be immediately visible, but they require prompt medical attention to prevent further complications.

Amputations

In some severe accidents, the extent of the damage may result in the loss of limbs or other body parts. Amputations can be traumatic and have long-lasting physical, emotional, and financial consequences for the victim.

Psychological and Emotional Injuries

In addition to physical injuries, victims of trucking accidents often suffer from emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These psychological injuries may require counseling or therapy, and can also affect the victim’s quality of life.

Why Do Trucking Accidents Happen?

Trucking accidents can occur for various reasons, many of which are tied to negligence, poor practices, or violations of regulations. Some of the most common causes include:

Driver Fatigue

One of the leading causes of trucking accidents is driver fatigue. Truck drivers are often under immense pressure to meet tight deadlines, leading them to work long hours without adequate rest. Fatigue can significantly impair a driver’s reaction time, decision-making ability, and alertness, all of which can result in accidents.

Driver Error

Driver error, whether due to distractions (such as using a phone while driving), reckless driving, or failure to follow traffic laws, is another major cause of trucking accidents. Many truck drivers face high levels of stress, which can lead to poor decision-making behind the wheel.

Inadequate Training

Trucking companies are responsible for properly training their drivers. Unfortunately, some companies fail to ensure that their drivers receive adequate training in areas such as safe driving practices, vehicle inspection, and managing hazardous road conditions. When a driver is poorly trained, they are more likely to make mistakes that lead to accidents.

Improper Maintenance

Poor maintenance of the truck can also lead to accidents. If the trucking company or the driver fails to regularly inspect and maintain the vehicle, issues such as brake failure, tire blowouts, or engine malfunctions can result in a collision.

Overloading or Improper Cargo Loading

Trucks that are overloaded or have improperly secured cargo are at a higher risk of accidents, including jackknifing, rollovers, or losing their load onto the road. In such cases, the shipper, truck owner, or maintenance provider may be responsible for the accident.

The Litigation Process for Trucking Accident Victims

If you or a loved one has been injured in a trucking accident, pursuing legal action is a critical step to obtain compensation. The litigation process typically includes the following stages:

Investigation

After the accident, your attorney will investigate the cause of the collision, gather evidence (such as truck driver logs, maintenance records, and accident reports), and interview witnesses. They may also work with experts, such as an accident reconstructionist, to determine liability.

Filing a Claim

Once the investigation is complete, your attorney will file a claim with the trucking company or other responsible parties. The goal is to seek compensation for your medical bills, lost wages, pain and suffering, and other damages.

Negotiations

In many cases, the trucking company or its insurance provider will attempt to settle the claim before it goes to trial. Your attorney will negotiate on your behalf to ensure that you receive a fair settlement that covers all of your current and future expenses.

Trial

If a fair settlement cannot be reached, then your attorney may take your case to court. The trial process can be lengthy and complex, requiring extensive evidence and expert testimony. Having an experienced trial attorney is crucial to maximizing your chance of success in the courtroom.

Why You Need an Experienced, Skilled Attorney

Trucking accident cases are complex and often involve multiple parties, large insurance companies, and extensive regulations. Without the right legal expertise, it can be challenging to navigate the litigation process and secure the compensation you deserve. A skilled, experienced trial attorney will:

Thoroughly investigate the cause of the accident

Identify all responsible parties

Negotiate with insurance companies for a fair settlement

Represent you in court, if necessary

Ensure that your rights are protected throughout the process

Why Gunn | Slater is the Best Choice for Your Trucking Accident Case

At Gunn | Slater, we understand the physical, emotional, and financial toll that a trucking accident can take on you and your family. Our experienced team of attorneys is dedicated to fighting for the compensation you deserve. We have a proven track record of success in trucking accident cases, and we are committed to holding negligent trucking companies, drivers, and other parties accountable for their actions.

We provide personalized, compassionate legal representation and will guide you through every step of the litigation process. Whether through negotiation or trial, we will work tirelessly to get you the justice you deserve. If you or a loved one has been injured in a trucking accident, contact Gunn | Slater today for a free consultation. Let us put our experience to work for you and ensure that you receive the compensation you need to recover and move forward with your life.