The Coluccio Law team is committed to making a genuine and positive difference in the lives of persons and their families. Kevin Coluccio and Coluccio Law specialize in collisions involving commercial trucks and semi-trucks.
It is estimated that each year, there are roughly 5,000 people killed in semi-truck accidents. The most common causes of semi-truck accidents are truck driver fatigue, speeding, failure to follow traffic control devices, poor vehicle maintenance, distracted truck drivers, inexperienced truck drivers, and improper cargo loading.
Semi Accident Lawsuits are complex because these accidents cause devastating effects, but there can be many liable parties. Responsibility may even be split among different parties, so it’s important to have the right legal team taking care of all proceedings on your behalf.
In addition to physical damages that include severe and fatal injuries, rig accidents also result in a huge amount of property damage, so you also need to ensure fair compensation for all your losses.
Let’s take a closer look at semi-truck accident lawsuits, the type of damages that victims can claim, and tips to help you choose the best attorney.
Semi-Truck Accident Lawsuit Damages
There are many moving parts in a semi-truck accident lawsuit, but one of the most important elements is understanding the type of damages you can claim. In most cases, it’s possible to file for financial and non-financial damages, in some cases victims also qualify for punitive damages.
Financial Damages
Getting hit by a semi-truck is catastrophic because it can cause pain and suffering, plus an insurmountable amount of debt. Common financial damages that can be claimed in a semi-truck accident include:
- Medical expenses and lost wages
- Property damage
- Expenses related to the accident
Non-Financial Damages
In addition to the debt and loss due to the accident, you can also claim semi-truck accident compensation for non-financial loss. This includes intangibles like the trauma generated from the collision as well as:
- Pain and suffering
- Emotional pain
Punitive Damages
Punitive damages can be claimed to punish an illegal or criminal act. For instance, if the trucking company or maintenance provider has been negligent and the accident has occurred as a result of this, it may also be possible to receive compensation in the form of punitive damages.
Why are Semi Truck Accidents so Dangerous?
If a semi-truck collides with another vehicle at high speed, serious or fatal injuries are likely to occur. The size and weight of a commercial truck are two of the primary elements that contribute to fatal truck accidents.
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Causes and Effects of Semi-Truck Accidents
Semi-truck accidents can be caused by several factors. Some common causes of semi-truck accidents are
- Driver fatigue
- Speeding
- Failure to follow traffic control devices
- Improper maintenance
- Distracted driving
- Driver inexperience
- Improper loading
- Substance abuse
It is important to note that not all semi-truck accidents are solely caused by points listed above. Sometimes poor road conditions, lack of training for drivers, bad weather, and unrealistic time constraints can contribute to accidents.
Semi-truck accident victims sustain a wide range of injuries, including neck and back injuries, head/brain injuries, broken bones, rib and/or torso damage (sometimes severe enough to cause internal damage), spinal cord injuries, surface injuries such as lacerations and bruising, and whiplash from the seatbelt.
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Who Can Be Held Liable in a Semi-Truck Accident?
Just like other complex cases, there are many variables to analyze during a semi-truck lawsuit. The driver, trucking company, and other parties involved in the situation need to be closely observed.
Additionally, it’s also necessary to consider external factors like the actions of other drivers, conditions of the road, and the weather. All of these can play a role not only in the accident, but in the litigation process that follows.
Truck Drivers and Trucking Companies
Truck drivers are often employed by trucking companies. As such, accidents where the trucker is at fault normally fall on the shoulders of the trucking company, but there can also be significant negligence on the driver’s part.
Also note that your semi-truck accident lawsuit can include both the truck company and driver, but it’s important to note that both of these may also be individual parties. There are more than 350,000 independent contractors operating transport truck drivers, so these may be liable for the damages they cause.
Vehicle Manufacturers
If the accident is due to a mechanical or design flaw, it’s possible to also hold the truck manufacturer accountable for the damages. These cases tend to take longer because they have to be more scrutinized than other types of cases, but there may be punitive damages involved depending on the reason behind the fault.
Cargo Loaders and Maintenance Providers
During the analysis of your semi accident lawsuit, we may uncover issues with the vehicle’s maintenance. If linked to the case, you may have grounds to hold the maintenance firm accountable, assuming that this service is outsourced.
Moreover, the way trucks are loaded influences weight distribution and safety. If the cargo loaders were negligent in their actions, it’s possible to include this and make a case for it in your suit.
What to do if you are involved in a Semi-Truck Accident
Should you find yourself in a semi-truck accident here are a few points to remember:
- Determine whether there are any injuries and maintain a safe distance from the accident to ensure unnecessary further injuries. You are not allowed to leave the accident scene.
- Contact 911. This will alert first responders to ensure that those who are injured are taken care of. This will also start the documentation process for insurance purposes.
- It is important that you obtain the details of the semi-truck driver such as contact details, insurance number, motor carrier DOT number, operating number, and company name.
- It is imperative that you remain calm and not admit to anything. Anything you say may eventually be used against you.
- Document everything. Take photos of the accident. Obtain contact numbers from eyewitnesses, and ensure you have the details of the truck driver.
- Always seek medical attention after an accident regardless of how minor your accident was. Whiplash, traumatic brain injuries, internal hemorrhaging, shattered bones, and other ailments may not be visible at first due to adrenaline. They may, however, become a significant problem later, possibly resulting in lifelong damage or even death.
- Contact a lawyer that specializes in semi-truck accidents. An attorney can assist with the investigation, settlement negotiations, awarded damages, reimbursement for property damage, repairs/replacement, and medical expenditures.
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Factors affecting Semi-Truck Accident Settlement
A skilled attorney will assess numerous complex issues for a semi-truck accident claim, such as:
- Damage to Property: If a smaller vehicle collides with a semi-truck, the smaller vehicle often sustains significant damage. An insurance adjuster will assess the vehicle to determine whether the vehicle should be totaled or if it can be repaired.
- Medical Expenses: Truck accident injuries are frequently severe and necessitate continuing medical care. The cost of all medical care you have received, as well as any treatment you are projected to need in the future for your injuries, must be totaled.
- Loss of Income: Semi-truck accidents may require time off from work and that would result in a loss of income. Your future earning potential will be impacted if your injuries prevent you from returning to work or undertaking the same type of work in the future.
- Pain and Suffering: Your attorney will assess the total severity of your injuries and damages, as well as how they have affected your life and the lives of others around you.
- Permanent Limitations and Disabilities will be assets by medical experts and experts in assessing life care plans.
How Long Does It Take to Settle a Truck Accident?
With so many factors that affect the moment of the accident, a semi crash lawsuit can become extensive and take a significant amount of time to settle. For this reason, it’s essential to find assistance right away. If you have recently been involved in a truck accident, you should:
- Phone emergency services right away
- Seek medical assistance immediately after the accident
- Wait for the authorities and, if you can, collect witness information
- Contact your attorney and report the accident to your insurance
Get Fair Compensation for Damages Caused in a Semi-Truck Accident
Semi-truck accidents can cause a huge amount of physical, financial, and emotional damage. If you or someone you love has been involved in one of these collisions, it’s essential that you get the right lawyer to guide you through the litigation process.
At Coluccio Law, our legal team has one goal: ensuring that you receive everything you need to make your recovery through fair compensation for your loss.
Get in touch with us today if you have been involved in a truck crash and our attorneys will start supporting you right away.
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Frequently Asked Questions (FAQs) – Semi Truck Accident Lawsuit
How much money can you get if you get hit by a semi-truck?
The overall compensation amount is mostly determined by the extent of the injuries, damages, and losses caused by the semi-truck accident. Many semi-truck accident lawsuits settle for six figures or more, with some exceeding a million dollars or more. Often insurance limits are a factor.
Can I sue for being hit by a Semi Truck?
If a truck driver’s carelessness or negligence caused serious injuries, you could seek legal redress through civil litigation. A personal injury lawsuit may be your greatest choice for obtaining financial compensation.
Should you take a settlement in a semi-truck accident?
Every semi-truck accident occurs under unique circumstances. In some cases, it’s better for victims to take a settlement and in others the best alternative is to take it to the courtroom. Having the right legal representation can help you make the best decision and ensure you have everything you need to overcome your injuries.
Conclusions
If you or your loved ones were involved in a semi-truck accident, contact Coluccio Law today. Let us handle your semi-truck accident case with meticulous legal advice and care. Kevin Coluccio is the only Washington State-based Truck Accident Certified Attorney by the National Board of Trial Advocacy (NBTA).
Coluccio Law offers a free consultation for potential personal injury cases.
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