ruck accidents are a significant concern on highways and roads worldwide, given their potential to cause severe injuries, fatalities, and extensive property damage. Due to commercial trucks’ sheer size and weight, accidents involving these vehicles often have devastating consequences.
Understanding the underlying cause of these accidents allows you to pursue legal claims. A truck accident attorney in Mississippi can work with you to determine the cause of your truck accident and liability to get you the financial recovery you need for your resulting injuries and losses.
The Most Common Causes of Truck Accidents
Truck accidents can happen for a variety of reasons. Usually, they are the result of negligence.
It’s necessary to understand the cause of your collision, as this plays a crucial role in your compensation claim. Determining the cause of your truck accident allows you to determine liability and pursue financial recovery from the appropriate party or entity.
Driver Fatigue
One of the leading causes of truck accidents is driver fatigue. Truck drivers often work long hours and may drive well beyond the recommended limits. The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours a driver can operate a truck, but violations of these regulations are not uncommon.
Some of the factors that most contribute to driver fatigue include:
- Long haul routes: Drivers on long haul routes may struggle to get adequate rest.
- Inadequate rest breaks: Failure to take mandatory breaks can lead to impaired driving performance.
- Irregular sleep patterns: Disrupted sleep schedules and irregular rest can contribute to fatigue.
The consequences of fatigue include:
- Reduced reaction times: Fatigue impairs a driver’s ability to respond quickly to sudden changes in traffic conditions.
- Decreased concentration: Fatigue can lead to poor judgment and lack of focus, increasing the risk of accidents.
Fatigue can have similar effects on the body as drinking. An excessively drowsy truck driver cannot operate their truck with the same skill as a well-rested driver.
Distracted Driving
Distracted driving is another major cause of truck accidents. This includes any activity that diverts attention from driving, such as texting, using a GPS, or eating while driving. Despite regulations prohibiting texting and driving, distractions remain a prevalent issue.
Types of distractions are categorized into three separate categories, including:
- Manual distractions: Taking hands off the wheel, such as using a phone or adjusting controls.
- Visual distractions: Looking away from the road, such as reading texts or emails.
- Cognitive distractions: Mental focus diverted from driving tasks, such as daydreaming or engaging in conversations.
Driving while distracted severely impacts safety. Distractions impair driving performance, leading to slower reaction times, increased chances of missing critical cues, and heightened risk of collisions due to reduced awareness of surroundings.
Impaired Driving
Substance abuse, including alcohol and drug use, impairs a driver’s ability to operate a truck safely. Despite strict regulations and testing procedures, substance abuse remains a significant issue for truck drivers.
Alcohol impairs coordination, judgment, and reaction times, making it dangerous for truck drivers to drive. Both illicit drugs and prescription medications can affect cognitive and motor functions, leading to impaired driving performance.
Speeding
Speeding is a substantial problem for all drivers on today’s roads, including truck drivers. Driving at increased speeds significantly increases the chance of accidents. Additionally, the consequences of speeding are considerable, including greater potential for loss of control over the vehicle, increased stopping time and distance, and magnified degree of crash impact resulting in more severe injuries.
Mechanical Failures
Mechanical failures, including issues with the truck’s braking system, tires, or engine, can cause serious accidents. Regular maintenance and inspections are essential to prevent these failures, but sometimes, issues may still arise.
Common mechanical failures include:
- Brake failures: Worn-out of faulty brakes can result in a truck being unable to stop effectively.
- Tire blowouts: Defective or under-inflated tires can lead to sudden blowouts, causing the driver to lose control of the truck.
- Engine failures: Engine malfunctions can result in a loss of power or sudden stalls.
Multiple parties can be at fault for a collision when a mechanical failure occurs.
Weather Conditions
Adverse weather conditions significantly impact truck safety. Rain, snow, ice, and fog can create hazardous driving conditions that increase the likelihood of accidents.
Weather-related hazards include:
- Reduced visibility: Fog and heavy rain can obscure visibility, making it difficult for drivers to see other vehicles or road hazards.
- Slippery roads: Ice and snow can create slick surfaces, reducing traction and increasing the risk of skidding.
- Hydroplaning: Rain can lead to hydroplaning, where the truck’s tires lose contact with the road surface, leading to a loss of control.
Drivers must adjust their driving to the conditions to try to prevent accidents during inclement weather. They should reduce their speed according to the weather to maintain control and increase the following distance, allowing extra space between vehicles to prevent collisions. When truck drivers fail to modify their driving, they’re more likely to cause accidents.
Poor Road Conditions
Poor road conditions can contribute to truck accidents, particularly when roads are poorly maintained or have significant issues. Common examples of road-related problems include:
- Potholes: Large potholes can cause a truck to lose control or suffer damage to its tires and suspension system.
- Uneven surfaces: Roads with uneven surfaces can create instability for trucks, especially at high speeds.
- Lack of signage: Inadequate road signs or signals can cause confusion and heighten the risk of accidents.
When poor road conditions exist and truck drivers are aware of these issues, they should adjust their driving to promote safety. However, some road hazards are not particularly noticeable until it’s too late.
Inadequate Driver Training
Inadequate driver training can lead to unsafe driving practices and increase the likelihood of accidents. Proper training ensures that drivers understand how to handle various situations on the road and drive safely.
Truck drivers not adequately trained in handling large commercial vehicles may struggle with maneuvering and controlling their trucks. Additionally, drivers with insufficient training lack defensive driving skills, so they may not respond appropriately to potential hazards.
To avoid these issues, drivers should undergo comprehensive training programs, and their employers should offer ongoing education to help drivers stay updated on best practices and safety regulations.
Cargo Issues
Cargo that is not properly secured or loaded can shift during transit, affecting the truck’s stability and control. Improperly secured cargo can cause the truck to tip over and the driver to lose control of the vehicle.
The two biggest cargo problems involve shifted cargo and overloaded trucks. Cargo that shifts during a trip can affect the truck’s center of gravity, leading to instability. Exceeding the truck’s weight limits due to overloaded cargo can strain the vehicle’s suspension system and affect handling.
Proper loading procedures and regular inspections can avoid cargo issues. However, when cargo is inadequately loaded, secured, and inspected, it can cause serious issues for truck drivers and danger to others on the road.
Evidence to Prove the Cause of a Truck Collision
Evidence is key to proving several case details, including the cause of the truck accident. Some of the evidence most often used in these types of cases include:
- Police reports
- Black box data
- Maintenance logs
- Witness statements
- Surveillance footage
- Photographs
- Inspection reports
- Cell phone records
- Maintenance and repair records
Gathering evidence for your claim can be challenging, but you don’t have to do it yourself. A truck accident lawyer can determine the type of evidence you need to substantiate your claims and obtain such evidence to strengthen your claim.
Liability for Truck Accidents
Along with figuring out the cause of your truck accident, you must determine who is liable for your accident. Depending on the cause and specifics of your collision, the following parties might be responsible:
- The truck driver
- The truck driver’s employer
- The owner of the truck
- The owner of the cargo
- The cargo loader
- Repair and maintenance companies
- Governmental entities
- Product designers or manufacturers
Trucking collision claims can be complex; therefore, in some cases, multiple parties share fault for an accident. Whether one party alone is liable or various parties are responsible, determining fault gives you a roadmap to seek compensation from the correct parties or entities.
Taking Action Following a Truck Collision
After suffering injuries in a truck accident, you may have the opportunity to file a claim against the at-fault party’s insurer. Filing a claim allows you to pursue the financial recovery you’re owed for your injuries, losses, and expenses.
Still, getting compensation from the insurance company can be particularly tricky for truck accident cases. Unlike insurance policies on regular vehicles, which often offer five-figure protection, policies on trucks are much more significant. Depending on certain details, like the size of the truck and the type of cargo, these policies can be in the six and seven-figure ranges.
Because of this, insurance companies will try everything to undermine your case and avoid paying you what your claim is worth to save themselves money. Therefore, you’ll need help from a skilled truck accident attorney to fight the insurance company and get you the compensation you need.
Aside from insurance claims, you may also file a lawsuit based on the circumstances. If the insurance company denies your claim or is unwilling to settle fairly, you can take legal action against them. Additionally, if the at-fault party is uninsured, you can file a lawsuit directly against them for monetary recovery.
Pursuing compensation following a truck accident is not always linear. It can be difficult to seek financial recovery, and you may encounter many bumps along the way. For this reason, it’s best to have a legal advocate on your side to do the work and fight for your rights.
Potential Compensation for Truck Accident Cases
Damages for truck accidents compensate you for the tangible and intangible losses stemming from your collision. The damages you may be entitled to receive vary based on the specifics of your situation, but can include:
- Past and future medical expenses
- Lost earnings
- Diminished or lost earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
Additionally, some truck accident victims may be eligible to obtain punitive damages, depending on legal requirements and the circumstances. Punitive damages punish defendants for their particularly wrongful actions and deter others from acting similarly in the future.
The value of your damages depends on several influential details, including, but not limited to:
- The severity of your injuries
- The total cost of your medical expenses
- Whether you’ll require ongoing medical care for your injuries
- How your accident and injuries have impacted you mentally and emotionally
- Whether you’ve had to take time off from work
- The total of your lost earnings
- Whether you can return to work in the same capacity as before your accident
Determining the damages you can pursue and the value of your truck accident case is essential to ensure you get the compensation you need. A qualified lawyer can assess your case and assign a monetary value to your claim, working diligently to get you the best possible case result.
The Benefits of Working with a Truck Accident Attorney
There are numerous advantages to working with a truck accident lawyer as opposed to handling your claim alone. Along with determining the cause of your trucking collision, an attorney can handle all critical aspects of insurance claims and lawsuits, including gathering evidence, negotiating for a fair settlement, and representing you in court.
When you have a truck accident lawyer on your side, you can have peace of mind as you focus exclusively on your physical recovery. Your attorney will work tirelessly to represent your best interests and reach a favorable outcome.
After a Truck Accident, Seek Legal Assistance Right Away
Regardless of the cause of your truck accident, if you’ve suffered injuries and damages in a collision, you should not hesitate to discuss your case with a knowledgeable attorney. A personal injury lawyer has the experience, skills, and resources to thoroughly investigate your accident, determine the cause of your collision, prove fault, and get you the financial recovery you need for your injuries and losses.