Truck accidents are among the most devastating crashes on the road due to the massive size and weight of commercial vehicles. When a large truck collides with a smaller car, the results can be severe injuries, long-term disabilities, emotional trauma, and even fatalities. If a truck driver’s or company’s negligence caused your injuries, you have the right to pursue compensation for your losses. However, you must prove how the actions of the negligent party contributed to the crash and your losses.
Our experienced truck accident lawyers at Anderson O’Brien, LLP can investigate the crash, gather supporting evidence like driver logs and maintenance reports, and build a strong case on your behalf. We can also negotiate with insurers or litigate to maximize your settlement value.
Key Takeaways about Truck Accidents:
- Truck accidents can take many forms, including jackknifing, rollovers, underrides, wide turns, blind spot collisions, tire blowouts, and rear-end collisions.
- Liability may involve multiple parties, including the truck driver, trucking company, cargo loaders, manufacturers, maintenance providers, and government entities.
- Compensation after an 18-wheeler crash depends on the severity of the injuries, the availability of evidence, shared fault, insurance coverage, the duration of recovery, and the quality of legal representation.
- Accident lawsuits can last anywhere from months to years, depending on factors such as case complexity, the severity of injuries, the availability of evidence, and the progress of court proceedings.
- Call a truck accident attorney for legal support.
Common Types of Truck Accidents
Truck accidents differ from typical passenger vehicle collisions due to the massive size and weight of commercial trucks. Here are the most prevalent types:
Jackknife Accidents
A jackknife accident occurs when a truck's trailer swings out to form a 90-degree angle with the cab, resembling a folding pocket knife. Jackknife crashes mostly happen when the truck's drive wheels lock up while the trailer's momentum continues forward, causing the trailer to swing around.
Jackknifing often results from sudden braking, slippery road conditions, improper braking techniques, or equipment malfunctions. These accidents are particularly dangerous because the swinging trailer can sweep across multiple lanes of traffic, striking numerous vehicles and creating catastrophic multi-car pileups.
Rollover Accidents
Truck rollovers happen when a commercial vehicle tips onto its side or roof. The high center of gravity in trucks, especially when carrying heavy or improperly loaded cargo, makes them susceptible to rollovers during sharp turns, sudden maneuvers, or when traveling at excessive speeds.
Rollovers can occur on curved highway ramps, during lane changes, or when drivers overcorrect after drifting off the road. These accidents often block multiple lanes of traffic and can result in severe injuries or fatalities for occupants of nearby vehicles crushed beneath the overturned truck.
Underride Accidents
Underride accidents are among the most deadly types of truck collisions. They occur when a smaller vehicle slides underneath a truck's trailer, either from behind or from the side. The top of the passenger vehicle is often sheared off on impact, resulting in catastrophic injuries or death to occupants.
Rear underride accidents frequently happen when trucks stop suddenly or are traveling slowly without adequate lighting. Side underride collisions occur when trucks make wide turns at intersections and passenger vehicles pass alongside them or get trapped in the truck’s blind spot.
Wide Turn Accidents
Large commercial trucks require a significant amount of space to complete turns, often swinging wide or using multiple lanes. Wide turn accidents, sometimes referred to as "squeeze play" accidents, occur when truck drivers fail to account for the truck's turning radius.
The truck may initially move left to make a right turn, which can confuse nearby drivers. Vehicles positioned beside the truck can become trapped and crushed between the truck and curbs, poles, or other objects. Pedestrians and cyclists are especially vulnerable during wide turn maneuvers.
Blind Spot Accidents
Commercial trucks have substantial blind spots on all four sides, where the truck driver cannot see other vehicles despite using mirrors. Accidents occur when trucks change lanes or merge without seeing vehicles traveling in these blind spots.
The right-side blind spot is particularly dangerous and extends along the entire length of the trailer. Vehicles can travel in these blind spots for extended periods, completely invisible to truck drivers.
Tire Blowout Accidents
Tire blowouts on commercial trucks can cause drivers to lose control of their vehicles suddenly and violently. The force of a truck tire exploding can pull the vehicle sharply in one direction, causing the driver to swerve into other lanes.
Tire debris from blowouts becomes hazardous projectiles that can strike other vehicles, shatter windshields, or cause vehicles to lose control. Poor tire maintenance, overloaded trucks, and road hazards all contribute to blowout incidents.
Rear-End Collisions
Despite their size, trucks still rear-end other vehicles or get rear-ended themselves. When trucks rear-end smaller vehicles, the results are often catastrophic due to the weight differential.
Conversely, when passenger vehicles rear-end trucks, particularly at highway speeds, underride scenarios frequently occur. Truck rear-end accidents often result from driver fatigue, distracted driving, following too closely, or brake system failures.
Who Is Liable in a Truck Accident?
Unlike typical car accidents, where one driver is typically at fault, truck accidents often involve multiple entities within the commercial trucking industry. Here are the parties who may be held liable:
The Truck Driver
The truck driver is often the first party examined for liability. Drivers can be held responsible for accidents caused by their negligence, including speeding, distracted driving, driving under the influence, violating traffic laws, or failing to follow proper safety protocols.
Driver fatigue from exceeding hours-of-service regulations is another common contributing factor. If the driver's actions directly caused the accident, they are personally liable for the resulting damages.
The Trucking Company
Trucking companies can be held liable under several legal theories. Under vicarious liability, an employer is held responsible for the actions of their employees performed within the scope of their employment.
Companies may also be directly liable for negligent hiring practices, failing to properly train drivers, or inadequate vehicle maintenance. Their liability can also occur when they pressure drivers to violate hours-of-service rules, or when they fail to conduct required background checks and drug testing.
Cargo Loading Companies
Improperly loaded or secured cargo can cause serious accidents. When cargo shifts during transport, it can cause the truck to become unbalanced, leading to rollovers or jackknife accidents.
Companies responsible for loading cargo may be liable if they fail to properly secure freight, overload the truck beyond legal weight limits, or distribute the weight unevenly. Liability extends to third-party loading facilities and shipping companies that prepared the cargo.
Truck Manufacturers
Defective truck parts or design flaws can lead to catastrophic failures, which can result in accidents. Manufacturers may be liable under product liability laws for the following reasons:
- Brake system failure
- Steering components malfunction
- Tires with manufacturer defects
- Mechanical failures due to design or manufacturing defects.
Liability extends to companies that manufacture specific truck components, not just the vehicle assembler.
Maintenance Companies
Many trucking operations outsource vehicle maintenance to third-party companies. You can hold these maintenance providers liable if they perform repairs negligently, overlook known problems, use substandard replacement parts, or ignore manufacturer-maintained schedules.
They can be liable for losses if poor maintenance of systems, such as brakes, tires, or steering, directly causes accidents.
Government Entities
A government agency may be liable for a truck accident if the crash occurred due to dangerous road conditions, inadequate signage, poor road design, or failure to repair known hazards. A truck accident attorney can initiate a claim against government entities, navigating the special procedures and shorter filing deadlines involved.
How Much Will You Get Paid if an 18-Wheeler Hits You?
There is no average settlement value you can expect after being hit by an 18-wheeler. The value of a claim varies based on the facts and circumstances of the accident. Here are the factors that influence the value of an 18-wheeler claim:
Severity of Injury
The type and seriousness of injuries directly influence compensation. For example, a broken bone that heals completely after a few months typically results in a lower payout compared to a severe spinal cord injury that causes permanent disability or limits mobility.
Injuries that require long-term medical treatment, rehabilitation, or ongoing care typically warrant a higher settlement value. The substantial settlement covers medical expenses, lost earnings, and the long-term impacts on quality of life.
Availability of Evidence
The strength and amount of evidence can determine how much you’ll receive for your losses. Strong documentation and proof help establish liability, support injury claims, and counter arguments from insurers that seek to reduce payouts.
Common sources of evidence that enhance a claim include:
- Police crash reports
- Photographs of the accident scene and vehicle damage
- Eyewitness testimony
- Surveillance or dashcam footage
- Medical records documenting injuries and treatment
- Accident reconstruction analysis
- Vehicle maintenance and inspection records
- Driver logs and electronic data from the truck
The more thorough the evidence, the stronger the case and the higher the potential compensation.
Shared Fault
When both parties share fault, you can adjust total compensation according to shared liability rules. For instance, if a truck driver is 80 percent at fault and the victim is 20 percent at fault, the victim may receive roughly 80 percent of the total damages calculated.
Conversely, if the victim bears more responsibility—say, 40 percent—the potential payout decreases accordingly. A truck accident lawyer can protect you from being falsely blamed for the crash.
Insurance Coverage of the Negligent Party
The type and amount of insurance coverage carried by the truck driver or trucking company can determine how much you’ll receive for your losses. Higher coverage limits can support larger settlements, while minimal coverage may restrict the total compensation, even if damages are substantial.
In some cases, victims may need to pursue claims against multiple parties, including the trucking company, to secure adequate compensation.
Duration of Recovery Period
The time it takes to recover from injuries also impacts the claim’s value. Short-term injuries with quick recovery typically result in lower compensation, while prolonged recoveries or permanent disabilities increase the value of claims.
A victim with an extended recovery period deserves a higher settlement value to cover ongoing medical treatment, lost income, and diminished ability to perform everyday activities. Longer recovery periods also justify additional compensation for pain and suffering.
Legal Representation
Representation from an experienced truck accident attorney can make a measurable difference in compensation. A truck accident attorney understands the tactics insurers use to reduce claims, knows how to gather and present evidence, and can negotiate aggressively for fair settlements.
Don’t Face the Aftermath of a Truck Accident Alone
Truck accidents can drastically affect your quality of life in case of long-term injuries. For example, a spinal injury may prevent someone from returning to work or enjoying daily activities. Insurance companies may also attempt to minimize or deny your claim, which can add to the frustration.
At Anderson O’Brien, LLP, our experienced personal injury lawyers can handle all communication with insurers and fight for the compensation you deserve after the crash. Contact us online or at (715) 344-0890 for a free case evaluation.
Truck Accidents Frequently Asked Questions:
How Long Does an Accident Lawsuit Take?
The duration of an accident lawsuit typically ranges from several months to a few years. The factors likely to influence the timeline include the severity of injuries, the amount of evidence needed, and the number of parties involved.
The court's scheduling, as well as the outcome of settlement negotiations, determines whether litigation proceeds to trial or on. An experienced truck accident attorney can help expedite the process, manage documentation, and advocate efficiently on your behalf.
Will My Case Go to Court?
Most truck accident claims resolve through settlements without going to court. However, if the insurance company refuses a fair offer or disputes liability, your case may proceed to trial.
An experienced truck accident attorney can negotiate on your behalf and prepare your case for court to protect your right to fair compensation.
How Much of The Settlement or Award Do Accident Lawyers Take?
Truck accident lawyers typically work on a contingency fee basis, meaning they only get paid if you receive compensation. Their fee is a percentage of your settlement or award, aligning their success with the outcome of your case.