Most people living in the U.S. don’t have the experience of going up against an African elephant. But if you’ve been involved in a semi truck accident, you know exactly how small and powerless that can make you feel.
A loaded semi truck weighs about 20-25x the average passenger car and this massive weight difference changes the physics of an accident.1 The injuries are more serious, the damage to your car is greater, and the questions of liability are more complex.
If you or someone you love has been seriously hurt in an accident with a semi truck, a tractor trailer or a dump truck, know this: you’re not alone. This guide walks you through what to do in the hours and days after the crash that can have a profound impact on your recovery and on your ability to hold the responsible parties accountable. It will also help you understand what a fair settlement may look like and how an experienced semi truck accident lawyer can protect your rights.
Why Semi Truck Accidents Are Different from Regular Car Crashes
It’s impossible to ignore the power of a semi truck as you drive next to one on the highway. You can feel its weight as the gravity of the draft pulls your car toward it. That’s because a loaded semi truck weighs significantly more than a passenger car, travels with significantly more momentum and causes significantly more damage when it collides with something. Semi trucks also function differently, are regulated differently, and have more potential liable parties than normal cars.
Semi Trucks aren’t Just Large Cars
A semi truck can weigh up to 80,000 pounds, which causes it to travel with significantly higher momentum than a 4,000-pound passenger car.2 At highway speed, collision with that force is nearly unsurvivable without serious injury.
In fact, research shows that 70% of fatalities in truck-to-car accidents are occupants of smaller vehicles.3 That’s because in a collision, the lighter object absorbs most of the force. So in a semi truck accident, the semi truck’s 80k pounds continues to move forward, spinning, flipping or pinning the 4k pound car.
In addition, a semi truck’s brake system functions differently than a passenger vehicle. When you press the brake in your car, it decelerates immediately. In a semi truck, there is a half-second lag time between when the driver presses the brake and when the brakes kick in. In a large truck traveling at high speeds, that half-second translates into dozens of feet traveled before it starts slowing down.
Semi trucks can be dangerous road hazards on the road if they’re not driven safely. But it’s not just the driver who is liable– trucking company policies, manufacturing defects and more can contribute to the safety of the semi on the road.
Federal Trucking Regulations and Other Factors that Affect Liability in Semi Truck Accidents
- Federal regulations. Commercial trucking is governed by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict rules around driver hours, vehicle maintenance, cargo loading, and licensing. When those rules are violated, it can establish negligence and significantly strengthen your claim.
- Multiple liable parties. Unlike a typical car accident where fault usually lies with one driver, a semi truck crash can involve the truck driver, the trucking company, the cargo loader, a maintenance contractor, or even the truck manufacturer. Identifying every responsible party is critical to recovering full compensation.
- Commercial insurance policies. Trucking companies carry large commercial insurance policies that are often worth millions of dollars. Because of this, their insurers have experienced legal teams whose sole job is to minimize payouts. It’s very different than dealing with an insurance claims adjuster for a simple auto insurance policy.
Dump truck and tractor trailer accidents carry many of the same complexities. Whether the truck was operated by a private contractor or a municipality, liability can be complicated and the claims time sensitive.
Immediate Steps to Take After a Semi Truck Accident
The moments after a collision are disorienting and frightening. But the steps you take can make a real difference in your health and in your legal case. If you are physically able, here is what to do:
1. Call 911 and seek medical attention immediately
Your health is the first priority. Even if you don’t feel seriously hurt, many injuries from high-impact truck collisions, including traumatic brain injuries, internal bleeding, and spinal damage, don’t produce obvious symptoms right away. See a doctor as soon as possible. Getting prompt medical attention also creates a medical record that directly connects your injuries to the accident, which is essential for your legal claim.
2. Get an official police report
A police report documents the facts of the crash from a neutral third party. Make sure law enforcement responds to the scene and request a copy of the report number before leaving or soon afterwards.
3. Document everything you can
If it is safe to do so, photograph and video the scene: the position of the vehicles, road conditions, skid marks, signage, any visible injuries, and damage to both vehicles. The scene of the accident must be cleared quickly to get traffic moving again, which means the vehicles will be moved, the glass and debris will be cleared, and the skid marks will fade. Once this happens, it can be difficult to simulate the accident, which is essential to determining fair compensation. The more documentation you have, the better.
4. Gather key information about the truck
Write down or photograph the truck’s DOT number (displayed on the cab), the company name and logo, the driver’s name and license, and the insurance information. This information can be difficult to obtain later once the trucking company’s legal team gets involved.
5. Collect witness contact information
Eyewitness testimony can be powerful. If anyone stopped at the scene, ask for their name and phone number.
6. Do not give a recorded statement to anyone representing the trucking company
This is critically important. Within hours of a serious truck accident, the trucking company’s insurance adjuster may contact you seeking a recorded statement. They are not calling to help you, they are gathering information to limit your claim. Politely decline and speak with an attorney before saying anything on record.
7. Contact a semi truck accident lawyer as soon as possible
Evidence in truck accident cases disappears quickly. Black box data, electronic logging records, driver logs, and surveillance footage can be erased or overwritten. An experienced attorney can send a legal hold letter immediately, preserving the evidence you need.
How Chaffin Luhana Can Help
Let Our Attorneys Fight For You & Your Family
Common Causes of Semi Truck and Dump Truck Accidents
Understanding what caused your accident matters, both for determining who is responsible and for building the strongest possible case. The most common causes our attorneys investigate include:
Driver fatigue
Federal law limits how many consecutive hours a commercial driver can operate a vehicle, but violations are common. A fatigued truck driver behind the wheel of an 80,000-pound vehicle is an extreme danger to everyone on the road.
Distracted driving
Texting, eating, adjusting GPS systems — truck drivers face the same distractions as any driver, with far more catastrophic consequences.
Speeding and aggressive driving
A semi truck traveling at excessive speed requires an enormous distance to stop safely. When drivers exceed speed limits, tailgate, or engage in other types of unsafe driving, they can cause major damage.
Improper loading and unsecured cargo
Cargo that shifts, spills, or falls off a truck can cause serious accidents. Both the driver and the cargo loader may share liability.
Brake failure and mechanical defects
Federal regulations require regular vehicle inspections and maintenance. When trucking companies skip routine maintenance to cut costs, they put everyone on the road at risk.
Blind spots and wide turns
Semi trucks have significant blind spots along both sides and the rear of their cab. Improper lane changes and wide right turns are a leading cause of serious collisions with smaller vehicles.
When the negligence of a driver, trucking company, or another party contributes to your injuries, they could be liable for your injuries.
Types of Injuries in Semi Truck and Dump Truck Accidents
The injuries sustained in collisions with commercial trucks are often severe, life-changing, and require long-term medical care. Accident survivors and their loved ones generally need comprehensive support to manage all of their new needs in the days, weeks and even years that follow. We regularly represent clients who have suffered:
Traumatic brain injury (TBI)
Even with a seatbelt, the violent force of a truck collision can cause the brain to strike the inside of the skull. TBIs range from concussion to severe cognitive impairment and can require lifetime care.
Spinal cord injuries and paralysis
Damage to the spine can result in partial or complete paralysis. These injuries carry enormous medical costs and permanently alter every aspect of a person’s life.
Broken bones and crush injuries
High-impact collisions frequently cause multiple fractures, particularly to the ribs, pelvis, arms, and legs. Crush injuries can cause permanent tissue and nerve damage.
Internal organ damage
The blunt force of a collision can rupture or damage internal organs, causing life-threatening bleeding and requiring emergency surgery.
Wrongful death
When a loved one does not survive a semi truck accident, the family has the right to pursue a wrongful death claim. No settlement brings back the person you lost, but financial accountability matters, and your family deserves justice.
If you or a loved one has experienced any of these injuries, please reach out to us. We will review your case and if we can help, we will.
What Is the Average Settlement for a Semi Truck Accident?
The truth is that there is no single “average” settlement for a semi truck accident. Settlement values vary widely based on the specific facts of each case. There are several factors that determine what your case may be worth:
The severity of your injuries
The more serious and long-lasting your injuries, the greater your economic losses and the stronger your non-economic damages claim for pain, suffering, and diminished quality of life.
Who is liable
Cases involving clear negligence by a trucking company, especially if they violated federal safety regulations, tend to result in higher settlements. Punitive damages may apply in egregious cases.
The evidence that’s available and what it shows
Having black box data, electronic logging device (ELD) records, driver history, maintenance logs, and a crash reconstruction analysis that proves negligence and liability can dramatically strengthen your claim.
Whether or not the trucking company’s insurance carrier is cooperative
Commercial trucking companies carry substantial insurance policies, which means there are typically funds available to compensate you. But insurers fight hard to limit payouts.
Whether or not you have legal representation
Studies and real-world outcomes consistently show that accident victims represented by experienced attorneys recover significantly more than those who attempt to negotiate on their own.
The actual settlement you receive for your claim will depend on the unique details of your case. If you or a loved one were injured in a semi truck accident, reach out for a free case review. We will review the facts of your case, make sure you’re heard, and help in any way we can.
How a Lawyer for Semi Truck Accidents Can Help You
Handling a semi truck accident claim on your own puts you at a serious disadvantage. The moment a serious accident occurs, the trucking company’s insurer begins building its defense. They have experienced adjusters, investigators, and attorneys on their side from day one. Having experienced legal representation levels the playing field for you.
Here is what our semi truck accident lawyers do for you:
- Preserve critical evidence immediately.
- Conduct a thorough investigation.
- Identify every liable party.
- Handle all communications with insurers.
- Fight for full and fair compensation.
- Take your case to trial if necessary.
An experienced semi truck accident lawyer understands the dynamics of semi truck accidents and what makes them unique. They know what to look for, the type of evidence to preserve, and the tactics the insurance and trucking companies will employ to try to obscure liability. They also have the resources to source the most advanced accident simulation technology which can provide important evidence for your claim.
If you or someone you love has been seriously hurt in an accident with a semi truck or dump truck, take care of your health first. Then contact a semi truck accident lawyer as soon as possible. Evidence fades and the trucking company’s legal team is already at work. An experienced semi truck accident lawyer will stand with you and protect your future, while you have time to heal.