Trucking accidents can result from negligence by more than one party. In fact, both truck drivers and trucking companies can be held responsible, depending on the circumstances. A truck driver may cause a crash by speeding, driving while fatigued, or failing to follow traffic laws. However, the trucking company may also be at fault if they force drivers to work beyond legal limits, fail to maintain their vehicles or hire unqualified drivers. In many cases, both the driver and the company share responsibility.
If you’ve suffered injuries in a recent truck collision, a skilled Edmonton truck accident lawyer can help. They will investigate your accident, gather critical evidence, and determine all liable parties. They can also negotiate with insurance companies to seek fair compensation and take your case to court if necessary. With legal representation, you can focus on your medical recovery while your lawyer fights to secure the financial support you need.
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Types of Truck Driver and Trucking Company Negligence that Can Cause Accidents
Negligence by truck drivers or trucking companies can lead to serious accidents, often with devastating consequences. One of the most common causes is driver fatigue. Truck drivers frequently work long hours to meet delivery deadlines, sometimes pushing themselves beyond safe limits. Even though motor carrier regulations set limits on driving hours, some drivers or companies ignore these rules, leading to drowsy driving, slower reaction times, and a higher risk of accidents.
Another major factor is distracted driving. With long hours on the road, some drivers use their phones, adjust GPS devices, or eat while driving. Even a few seconds of inattention can be enough to cause a deadly crash, especially given the size and weight of a commercial truck. Trucking companies that fail to enforce strict policies against distractions contribute to this problem.
Speeding and reckless driving are also significant causes of trucking accidents. Tight schedules and pressure to deliver goods on time may lead drivers to exceed speed limits or drive aggressively. A speeding truck requires more distance to stop, increasing the likelihood of rear-end collisions or losing control. Additionally, failing to adjust speed in bad weather, heavy traffic, or road construction zones can make an accident more likely.
Improperly loaded or unsecured cargo is another common issue. Trucking companies and drivers must ensure that cargo is evenly distributed and properly secured. If not, loads can shift during transit, making the truck harder to control or even causing it to tip over. In some cases, cargo may spill onto the roadway, creating a hazard for other vehicles.
Poor truck maintenance is another major cause of accidents. Trucks require regular inspections and repairs, but some companies cut corners to save money. Worn-out brakes, tire blowouts, faulty lights, or engine problems can all lead to dangerous situations on the road. If a company neglects routine maintenance, it increases the risk of mechanical failure and potential crashes.
Driving under the influence of drugs or alcohol is another serious issue in trucking accidents. Some drivers use stimulants to stay awake, while others may drink or take drugs that impair their judgment and reflexes. Any impairment significantly reduces a driver’s ability to operate a truck safely, putting everyone on the road in danger.
Negligence by truck drivers and trucking companies can have deadly consequences. By ignoring safety regulations, failing to maintain vehicles, or allowing unsafe driving practices, they put other motorists at risk.
Most Common Injuries in Trucking Accidents
Truck collisions often result in severe injuries due to the sheer size and weight of commercial trucks. When negligence by truck drivers or trucking companies is involved, the risk of serious harm increases significantly.
One of the most common injuries in these accidents is traumatic brain injury. The force of impact in a truck collision can cause a person’s head to hit a hard surface, leading to concussions or more severe brain damage. These injuries can result in memory loss, difficulty concentrating, or even permanent cognitive impairment.
Spinal cord injuries are another devastating consequence of trucking accidents. The violent force of a crash can damage the spinal cord, potentially leading to partial or complete paralysis. Victims may lose the ability to walk or even control basic bodily functions. Such injuries often require lifelong medical care, rehabilitation, and assistive devices like wheelchairs.
Broken bones are also common in truck accidents. The force of impact can shatter bones in the arms, legs, or ribs. Some fractures may heal with time, but others require surgeries, metal plates, or screws to stabilize the bone. Severe breaks can lead to long-term pain and limited mobility, affecting a victim’s ability to work or perform daily tasks.
Internal injuries frequently occur due to the immense force involved in truck collisions. Damage to organs such as the liver, kidneys, or lungs can cause internal bleeding, which is extremely dangerous if not treated immediately. Since internal injuries are not always visible right away, victims may not realize the severity of their condition until it becomes life-threatening.
Burn injuries are also a serious risk in trucking accidents, especially when a truck is carrying flammable materials. A collision can cause a fire or explosion, leading to severe burns. These injuries are extremely painful and often require skin grafts, surgeries, and long-term medical care.
Whiplash and other soft tissue injuries are also common, especially in rear-end collisions. The sudden jolt can strain muscles, ligaments, and tendons, causing pain and stiffness that may last for months. While these injuries may seem minor compared to others, they can still affect a person’s ability to work and carry out daily activities.
How to Prove that a Negligent Truck Driver or Trucking Company Caused an Accident
Proving that a negligent truck driver or trucking company caused an accident requires strong evidence. The most important types of evidence help show exactly how the accident happened, who was at fault, and whether any laws or regulations were violated.
- One of the most important pieces of evidence is the police report. When an accident occurs, law enforcement officers usually investigate and document important details, such as the condition of the road, statements from witnesses, and any traffic violations. If the officer determines that the truck driver was speeding, distracted, or breaking other laws, this information can establish negligence.
- Eyewitness testimony is also valuable in proving fault. People who saw the accident firsthand can describe what happened from their perspective. Witnesses may have noticed the truck swerving, following too closely, or running a red light before the crash. Their statements can provide unbiased accounts of the truck driver’s behaviour leading up to the accident.
- Video footage from traffic cameras, dashcams, or nearby surveillance cameras can be some of the strongest evidence in a trucking accident case. If the crash was recorded, the footage could show whether the truck driver was driving recklessly, ignoring traffic signals, or engaging in other dangerous behaviour.
- Another key form of evidence is electronic logging device (ELD) records. These devices track how long a driver has been on the road. If the records show that the driver exceeded the allowed hours without rest, it may prove that fatigue contributed to the accident.
- Trucking company records are also important. Maintenance logs can reveal whether the truck was properly inspected and repaired. If the company failed to fix a known issue, such as faulty brakes or worn-out tires, they may be held responsible. Employment records can also show whether the company hired an unqualified driver or failed to provide proper training.
- Physical evidence from the accident scene, such as skid marks, debris, and vehicle damage, can help experts reconstruct what happened. Accident reconstruction specialists analyze these details to determine speed, braking, and impact angles.
By gathering strong evidence, victims can prove that a negligent truck driver or trucking company caused the accident. This evidence is essential in holding them accountable and securing compensation for damages and injuries.
Available Compensation in a Truck Accident Claim or Lawsuit
Victims of truck accidents resulting from a negligent truck driver or trucking company may be entitled to compensation for various losses or damages. Compensation for these damages is meant to help them recover from the financial, physical, and emotional hardships they face as a result of their accident.
One often significant compensable damage is lost income. If a victim is unable to work because of their accident-related injuries, they can recover the income they would have earned during their recovery period. Some injuries are so severe that they prevent a person from returning to their previous job or working at all. In such cases, victims may also seek compensation for loss of earning capacity, which covers the income they would have made in the future if not for the accident.
Pain and suffering damages are another important category. Truck accidents often cause significant physical pain and discomfort, and victims may suffer from chronic pain that affects their daily lives. Compensation for pain and suffering takes into account the severity of the injuries, the length of recovery, and the overall effect on the victim’s well-being.
Emotional distress damages are also available in many truck accident claims. The trauma of a serious crash can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues. Victims who struggle with nightmares, mood changes, or an overall decline in mental health may be eligible for compensation to address the emotional toll of the accident.
Loss of life enjoyment is another type of compensation that may be awarded. Serious injuries can prevent victims from participating in activities they once enjoyed, such as sports, hobbies, or spending time with family. If an accident leads to permanent disabilities or long-term limitations, victims can seek damages for the negative effects on their overall quality of life.
How Can a Skilled Truck Accident Lawyer Help Throughout Your Case?
A skilled truck accident lawyer plays a vital role in helping victims navigate the legal process after a crash. Truck accident cases can be complicated, involving multiple parties, detailed evidence, and powerful insurance companies that try to minimize payouts. An experienced lawyer can handle these challenges while protecting the victim’s rights and working toward fair compensation.
One of the most important ways a lawyer helps is by investigating the accident. Lawyers have the resources to gather key evidence, such as police reports, eyewitness statements, video footage, and electronic logging device (ELD) records from the truck. They may also work with accident reconstruction experts to analyze skid marks, vehicle damage, and road conditions to determine exactly how the crash happened and who is responsible.
Another key role of a truck accident lawyer is handling communication with insurance companies. Trucking companies and their insurers often try to reduce liability by offering low settlements or shifting blame onto the victim. A lawyer understands the tactics these companies use and can negotiate aggressively to ensure the victim is not pressured into accepting less than they deserve. If an insurance company refuses to offer a fair settlement, the lawyer can take the case to court.
Determining liability in a truck accident case can be complicated, but a lawyer knows how to identify all responsible parties. While the truck driver may be at fault, the trucking company may also be liable if they failed to maintain the vehicle, forced the driver to exceed legal work hours, or hired an unqualified driver. In some cases, third parties, such as cargo loaders, may also share in the responsibility. A skilled lawyer will uncover all sources of liability to maximize the victim’s compensation.
A truck accident lawyer also calculates the full value of a claim. Victims may not realize the long-term effects of their injuries, such as future lost earnings, emotional suffering, and reduced quality of life. A lawyer ensures that all current and future damages are considered when seeking compensation.
Finally, a lawyer provides legal representation in court, if necessary. If a settlement cannot be reached, they will present a strong case before a judge and jury, using evidence and expert testimony to fight for the victim’s rights.
With a skilled truck accident lawyer, victims can focus on healing while their lawyer handles the legal battle, ensuring that they receive the justice and compensation they deserve.
Talk with an Experienced Truck Accident Lawyer Today
You are not alone if you recently suffered injuries in a truck collision resulting from a truck driver or trucking company negligence. A skilled Edmonton personal injury lawyer will evaluate your circumstances, review your legal options, and file a claim or lawsuit to pursue the compensation you deserve.
