A skilled pedestrian accident lawyer can play a critical role in handling a case involving a truck driver or trucking company’s negligence. First, the lawyer will conduct a thorough investigation, gathering evidence such as police reports, witness statements, and surveillance footage to establish liability. They will also review the truck driver’s records, including their hours-of-service logs and driving history, to identify any violations of safety regulations.
The lawyer will then negotiate with insurance companies to ensure the victim receives a fair settlement. If a reasonable settlement cannot be reached, the lawyer will file a lawsuit and represent the victim throughout the legal process. They will handle all paperwork, prepare the case for trial, and advocate for the victim’s best interests in court.
A knowledgeable Edmonton pedestrian accident lawyer will ensure that the victim receives the full compensation they deserve for their losses.
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How Do Negligent Truck Drivers or Trucking Companies Cause Pedestrian Accidents?
Negligent truck drivers and trucking companies can be responsible for pedestrian accidents in many ways. One of the most common causes is distracted driving. When a truck driver takes their eyes off the road to check a phone, adjust the radio, or look at a GPS, they may fail to see a pedestrian crossing the street or walking along the road. Because trucks take longer to stop than smaller vehicles, even a brief distraction can have deadly consequences.
Another major factor is speeding. Truck drivers are often under pressure to meet tight delivery deadlines, leading some to exceed speed limits or drive too fast for road conditions. A speeding truck is harder to stop, making it more likely that a driver will be unable to brake in time to avoid hitting a pedestrian.
Fatigue is also a serious problem among truck drivers. Regulations limit the number of hours a truck driver can operate a vehicle without rest, but some drivers or trucking companies ignore these rules. Drowsy driving can be just as dangerous as drunk driving, causing slowed reaction times, poor judgment, and even the risk of falling asleep at the wheel. A fatigued driver may not notice a pedestrian in time to stop, leading to a tragic collision.
Poor vehicle maintenance is another common way trucking companies contribute to pedestrian accidents. Trucks require frequent inspections and maintenance to ensure that brakes, tires, and lights are working properly. If a trucking company fails to maintain its vehicles, a truck can suffer brake failure or a tire blowout, making stopping or steering safely impossible. This type of negligence can be deadly, especially in areas with heavy pedestrian traffic.
Driving under the influence of drugs or alcohol is another way truck drivers endanger pedestrians. Some drivers use stimulants to stay awake on long trips, while others may drive under the influence of alcohol or other substances that impair their ability to react quickly. A driver who is impaired may not notice a pedestrian or may misjudge distances, leading to a catastrophic accident.
Most Common Injuries in Pedestrian Accidents That Involve Commercial Trucks
Pedestrians involved in accidents with large commercial trucks are at risk of severe injuries due to the size and weight of these vehicles. One of the most common injuries is traumatic brain injury (TBI). When a truck strikes a pedestrian, their head may collide with the pavement or the truck itself. This impact can lead to concussions, skull fractures, or more severe brain injuries, which can have long-lasting effects on cognitive function, memory, and coordination. In some cases, a TBI can result in permanent disability or even death.
Another frequent injury in truck-pedestrian crashes is spinal cord damage. The force of a truck hitting a pedestrian can cause the spine to be jolted or compressed, potentially leading to partial or complete paralysis. Spinal cord injuries often result in lifelong consequences, affecting a person’s ability to move or feel sensations below the site of the injury. These injuries can severely affect a person’s quality of life and require extensive medical treatment and rehabilitation.
Broken bones are also common in pedestrian accidents with trucks. The impact of being struck by a large vehicle can lead to fractures in the legs, arms, ribs, or pelvis. These injuries are often severe and may require surgery, long recovery times, and physical therapy. In some cases, broken bones can lead to complications like infections or permanent disabilities, especially if the injury is not treated promptly or properly.
Internal injuries are another serious concern. The force of a truck collision can cause damage to internal organs such as the lungs, liver, or kidneys. Internal bleeding is a common result of these injuries, and it may not be immediately apparent. If left untreated, internal injuries can lead to life-threatening conditions, including shock or organ failure.
Finally, soft tissue injuries like sprains, strains, and contusions are also common in pedestrian accidents involving trucks. While these injuries may not be as immediately life-threatening as head trauma or broken bones, they can still cause significant pain and may require physical therapy to heal fully. Soft tissue injuries can affect mobility and lead to long-term discomfort.
Proving Truck Driver or Trucking Company Negligence in a Pedestrian Accident
Proving negligence in a truck-pedestrian accident requires gathering and presenting various types of evidence to show that the truck driver or trucking company failed to meet their legal duties, directly leading to the accident and resulting in injuries. There are several ways to establish this negligence, and the right evidence can make a significant difference in a legal case.
One of the most important types of evidence is the police report. After a truck-pedestrian accident, law enforcement typically arrives at the scene to investigate the incident. The police report will include details about the accident, such as the truck driver’s actions, road conditions, and any traffic violations that may have occurred. If the driver was speeding, distracted, or driving under the influence, the police report can provide a clear account of these violations, helping to prove negligence.
Another key piece of evidence is witness testimony. Pedestrian accidents often occur in busy areas, and there may be bystanders who saw the accident take place. These witnesses can provide valuable accounts of what happened, such as whether the truck driver was speeding or if the driver failed to yield to a pedestrian. Eyewitness statements can help establish the events leading up to the accident and provide insight into whether the driver acted negligently.
Truck driver records are also essential in proving negligence. These records include the driver’s logbooks, which record their hours of service. Regulations set limits on how many hours a truck driver can be on the road without resting. If the driver was fatigued or violating these rules, it can be an indication of negligence. In addition, the driver’s history of accidents, citations, or drug and alcohol use can be vital in proving a pattern of unsafe behaviour.
The truck’s maintenance records are another important form of evidence. If the trucking company fails to properly maintain the vehicle, such as not repairing faulty brakes or tires, it can be held liable for the accident. Maintenance logs will show whether the truck was in good condition and whether the trucking company neglected necessary repairs.
Finally, surveillance footage or dashcam footage from the truck itself can offer clear visual evidence of the accident. Many trucks are equipped with cameras, and footage of the accident can show exactly how the incident occurred, which can be vital for proving the driver’s actions or the company’s negligence.
Legal Options in Pedestrian Accident Cases Involving Commercial Trucks
In a truck-pedestrian accident case, victims have several legal options to seek compensation for their injuries. These options include settling with the insurance company, filing a lawsuit, and taking the case to trial or using alternative dispute resolution (ADR). A skilled lawyer can guide you through each step of the process, ensuring the best possible outcome.
One of the first options is settling with the insurance company. Following the accident, the truck driver’s insurance company will likely offer a settlement to the pedestrian. Settling can be a quicker and less expensive way to resolve a case as it avoids the lengthy process of a lawsuit. However, the initial offer may not fully cover lost income, pain and suffering, and other losses. An experienced lawyer can negotiate with the insurance company to ensure that the settlement reflects the true cost of the accident.
If the parties cannot reach a fair settlement, filing a lawsuit is another option. In a lawsuit, the pedestrian (plaintiff) sues the truck driver or the trucking company for negligence. The lawsuit will begin with the lawyer filing a formal complaint in court, outlining the details of the accident, the injuries sustained, and the legal grounds for the claim. The trucking company will then respond, and both sides will gather evidence to support their case. This process, known as discovery, can include depositions, expert testimony, and document exchanges. Throughout this process, a knowledgeable lawyer will work to strengthen the case and ensure that all evidence is presented effectively.
If the case cannot be settled during the lawsuit process, it may go to trial. In court, both sides will present their arguments and evidence before a judge and jury. The jury will then determine liability and the amount of damages. A lawyer with experience in trial litigation can confidently represent the victim’s interests and fight for fair compensation.
Alternatively, a knowledgeable lawyer may suggest ADR, such as mediation or arbitration. ADR methods are less formal than trials and allow both parties to reach a resolution with the help of a neutral third party. ADR can be a faster and more cost-effective option than going to court, and a lawyer will navigate this process to achieve a fair outcome.
Throughout each of these steps, a skilled lawyer plays an invaluable role in protecting the victim’s rights and pursuing the highest possible compensation.
Recoverable Losses in a Pedestrian Accident Case Involving a Commercial Truck
In a truck-pedestrian accident claim or lawsuit, victims may be entitled to compensation for their losses or damages, depending on the nature of their injuries and the effects on their lives. Compensation is available that focuses on the physical, emotional, and financial toll the accident has caused.
One of the most common compensable damages is pain and suffering. This category covers the physical and emotional distress the victim experienced due to the accident. Pain and suffering can include the immediate pain of the injuries as well as long-term discomfort or permanent disability. It also accounts for emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), that may result from the accident. An experienced lawyer can assess the extent of these damages and advocate for appropriate compensation based on the severity and duration of the pain and suffering.
Another compensable loss is lost income. If the pedestrian is unable to work due to their injuries, they can seek compensation for the income they would have earned during their recovery period. This compensation includes both current lost earnings and any future income if the injury results in long-term or permanent inability to work. For victims who have been permanently disabled or whose earning capacity is reduced due to the accident, the lawyer will work to ensure that these lost income are fully accounted for.
Lost quality of life is another important aspect of compensation. If the pedestrian’s injuries significantly affect their ability to engage in everyday activities, such as work, hobbies, or spending time with family and friends, they may be entitled to compensation for their loss of life enjoyment. For example, if an injury prevents someone from returning to a job they loved or participating in activities they once enjoyed, this loss can be factored into the compensation award.
Finally, punitive damages may be awarded in cases where the truck driver’s actions were especially reckless or intentional. These damages are intended to punish the wrongdoer and deter similar behaviour in the future. Punitive damages are not awarded in every case but may apply when gross negligence, such as driving under the influence or excessive speeding, is involved.
Speak with an Experienced Pedestrian Accident Lawyer Today
If you suffered injuries in a pedestrian accident that a negligent truck driver or trucking company caused, you are not alone. A skilled Edmonton personal injury lawyer will work with you to maximize the compensation you receive for your injuries and other accident-related losses.
