Truck accidents can be devastating, often causing casualties, severe injuries, and lasting damage to vehicles and individuals involved. Truck underride accidents are alarmingly common. These incidents cause fatalities and life-altering injuries, and trucking companies can prevent them by adhering to established rules and regulations.
If you’ve been a victim of a truck underride accident, you might qualify for compensation. An experienced Edmonton truck accident lawyer can help you understand your legal options and fight for the justice you deserve. Now is the time to pursue the justice you deserve.
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What Is a Truck Underride Accident?
A truck underride accident occurs when the smaller vehicle collides with a bigger truck, often leading to terrible consequences. These accidents are especially dangerous due to the size disparity between the vehicles. This difference can cause the smaller vehicle to slide underneath the truck, leading to severe injuries or fatalities.
A passenger car or another small vehicle might strike the rear or side of a large truck, like a tractor-trailer, sliding beneath the truck’s frame or trailer. The height difference allows a car’s roof to be crushed or sheared off as it moves under the truck, exposing the occupants to serious harm.
These accidents can result from many factors, such as driver errors like speeding or tailgating, poor road conditions and visibility, and truck design or maintenance problems. The aftermath of underride accidents can include severe injuries, fatalities, and severe financial repercussions for both victims and their families.
Common Underride Truck Accident Injuries
Underride guards on trucks aim to prevent accidents or lessen their impact, but their effectiveness relies on proper maintenance and sufficient strength. They cannot prevent all potential accidents.
Underride accidents, where a smaller vehicle ends up sliding under a truck, often lead to severe injuries and can even result in fatalities. People involved in these accidents may suffer from:
- Traumatic Brain Injuries (TBIs): A strong impact can cause major head injuries, such as concussions and fractures.
- Spinal Injuries: Any damage to the spine can lead to partial or complete paralysis.
- Crushing Injuries: The roof of the smaller vehicle may get crushed, risking severe head and neck trauma, while the vehicle itself might be crushed, which can result in limb fractures or even amputations.
- Neck and Back Injuries: Common injuries include whiplash, strains, and pinched nerves.
- Broken Bones: Various fractures throughout the body can happen due to the impact.
- Internal Organ Damage and Bleeding: The force of an accident can lead to bruising, tearing, or puncturing of organs, causing internal bleeding.
- Burn Injuries: Accidents that result in fire can lead to significant burn injuries.
- Lacerations: Impact and shattered glass can create cuts and wounds.
- Psychological Trauma: The ordeal of a serious accident can leave lasting effects like post-traumatic stress disorder (PTSD), depression, or anxiety.
Recognizing the potential consequences of underride accidents and taking appropriate safety measures is important.
Legal Implications
Suppose you find yourself injured in an underride accident. Depending on the accident’s circumstances, you may want to pursue a personal injury claim against the people responsible, such as the trucking company or the driver.
After an Underride Truck Accident
If you’ve been in an underride truck accident, act fast. Your highest priorities are to get medical help, report the incident to police, and collect evidence like photos and witness details. It’s also essential to inform your insurance company and immediately contact a qualified truck accident lawyer to discuss your rights and options.
Ensure Safety and Seek Medical Attention
If possible, relocate your vehicle to a safe area away from traffic. Assess yourself and your passengers for injuries. Call 911 if anyone requires assistance. Even if you feel fine, seek medical attention right away.
Report the Accident
Contact the police and file the official report. Provide accurate information and cooperate fully with law enforcement.
Gather Evidence
Capture photos of the accident, including vehicle damage, road conditions, and visible injuries. Record the details of witnesses, including their names, addresses, and phone numbers. Keep track of your lost wages.
Contact Your Insurance Company
Let your insurance provider know about the accident. They may be responsible for helping you pursue a claim against the responsible party.
Contact a Truck Accident Lawyer
Consult a lawyer promptly to safeguard your rights.
A lawyer will clarify your legal options, negotiate with insurance companies, and potentially help you file a lawsuit.
How to Sue for Damages After a Truck Underride Accident
Rebuilding your life after an underride accident often feels overwhelming. Legal action empowers you to hold the responsible parties accountable and secure the funds you need to recover.
Gather Evidence
- Document the scene: Get photos and videos of the accident, showcasing vehicle damage and any skid marks.
- Collect police reports: Obtain copies of the accident report, which includes witness statements and potentially the driver’s statements.
- Gather medical records: Maintain records of all medical treatments you receive, including prescriptions and doctor’s notes.
- Review financial records: Keep track of lost wages, property damage, and other financial losses.
- Obtain relevant documents: Request truck maintenance records, driver logs, and other pertinent information from the trucking company and driver.
- Consult with professionals: You or your lawyer might hire an accident reconstruction professional to analyze the incident and determine how it unfolded.
Identify Liable Parties
- Truck driver: If the driver was negligent and speeding, driving while distracted, or violating regulations, they may be liable.
- Trucking company: If the company doesn’t maintain its vehicles, hires unqualified drivers, or fails to supervise the drivers, it could also be responsible.
- Truck owner: The owner might be liable if they didn’t perform vehicle maintenance or hired the driver irresponsibly.
- Other parties: Depending on the case’s specifics, other entities like manufacturers or repair shops might also share liability.
File a Lawsuit
- Choose an attorney: Work with a personal injury attorney focusing on truck accidents.
- File the lawsuit: Your attorney will need to file the lawsuit within the statute of limitations, which typically spans two years in many states, but varies by jurisdiction.
- Serve the lawsuit: Make certain that the lawsuit gets served to the liable parties, who will be required to respond.
Negotiate a Settlement or Go to Trial
- Negotiate with insurance: Your lawyer will handle negotiations with the insurance companies of the liable parties to settle.
- Go to trial: If negotiations fail, your case may proceed to trial, where a judge or jury will determine liability and the amount of damages.
Determine Damages
- Economic damages: Add up lost wages, property damage, and other financial losses.
- Non-economic damages: Consider pain, emotional distress, and loss of companionship.
- Punitive damages: A judge may award punitive damages after extreme negligence or reckless behavior.
Important Considerations
You must prove that the truck driver or company failed to uphold their duty of care, leading to the accident and your resulting damages.
Legal experience is very important. Truck accident cases can get complicated, so seek a lawyer who knows commercial truck accidents, especially if you’ve sustained injuries. A lawyer will clarify your legal options and potential claims you can file against the truck driver, trucking company, or other responsible parties. They will help you preserve evidence, deal with insurance companies, and represent you in court if needed.
You need an experienced lawyer to negotiate with insurance companies, who often use tactics to minimize payouts. You must show that the truck driver or company acted negligently by not exercising reasonable care. This negligence can include speeding, distracted driving, improper loading, or inadequate truck maintenance. A defective part on the truck or trailer might sometimes contribute to the accident.
Be aware of the time limits for filing a lawsuit, as these vary by location. Your lawyer will submit a formal court complaint outlining your claims and supporting evidence. This is the legal process where both parties exchange information and evidence. Many cases settle out of court through negotiations, while some proceed to trial.
Damages to Recover from Truck Accidents
Regarding truck accidents, not all damages qualify for financial compensation. However, you can try for economic and non-economic damages with the help of an experienced injury accident lawyer. Here are the damages you might be entitled to:
- Lost wages: If your injuries lead to temporary or permanent unemployment, you can seek compensation for your lost wages.
- Property damages: If a truck collision damages your property, you may recover costs related to repairs or loss.
- Severe injuries: Truck accidents usually involve physical pain and emotional distress, and both of these are worth compensation.
- Loss of consortium: If an accident results in the death of a partner or loved one, the emotional loss of companionship can be grounds for compensation.
Consulting with a skilled lawyer is the best option if you’ve faced injuries like these; this maximizes your chances of recovering these damages effectively.
Hire a Truck Accident Lawyer
Even though most truck accident cases settle outside of court, hiring a lawyer is still smart. The law gives you the right to sue or file a claim, but doesn’t guarantee a fair settlement. Due to comparative fault laws, building a strong case is crucial to be sure you get the compensation you deserve for your damages.
How a Truck Accident Lawyer Helps
Collecting Evidence
A lawyer is there to help you collect all the important details that can increase your chances of being compensated. It’s not just about collecting information; it’s about putting everything together correctly. That’s where lawyers are most useful when ensuring you’ve got all the paperwork sorted correctly.
Relevant evidence includes items like photographs from the accident scene, police reports, accident records, witness statements, and medical records.
Investigating the Crash
Investigating the details of the crash is another critical task attorneys will undertake. The lawyer will liaise with law enforcement and relevant investigation departments to pinpoint the precise causes of the accident and identify those at fault.
Negotiating with Liable Parties
An experienced truck accident lawyer will negotiate with insurance companies to get you the funds you need and deserve. Insurance companies sometimes try to shortchange claimants, and that’s when lawyers will step in to negotiate effectively and advocate for your rightful compensation.
Courtroom Representation
If necessary, lawyers will represent you in court when negotiations do not yield a satisfactory result. Strong courtroom representation requires a seasoned professional with extensive experience, and attorneys come equipped with the skills and knowledge needed to advocate for you and get you the compensation you deserve.
Let MNH Injury Lawyers Help You
Our Edmonton personal injury lawyers at MNH Injury Lawyers focus on building a caring and unique relationship with you throughout your case. We believe trust, communication, and commitment are essential to achieving the justice and results you deserve after being harmed.
If you sustained injuries at one of Edmonton’s renowned festivals or while shopping at West Edmonton Mall, know that we view you as a person with individual needs and feelings. You require personalized service and strong support during this challenging time, and we’re here to provide just that.
You might be eligible for compensation if you or a loved one has suffered due to someone else’s negligence. Our team in Edmonton will help you identify who is at fault, substantiate your claim, and determine the financial damages you can pursue.
Contact Our Legal Team in Edmonton
If you or someone close to you has suffered an underride truck accident due to someone else’s carelessness, our Edmonton personal injury lawyers stand ready to help you seek compensation. Reach out today for a free review of your case and see how hard our injury accident team fights for you.
