Truck crashes are often more severe than typical car accidents; the sheer force created by the weight, speed and length of semi trucks has the power to be catastrophic. Then there are the different lines of insurance — for the truck cab, trailer, broker/shipper, and other entities — that must be investigated to ensure all insurance is identified.
At the same time you are addressing your truck accident injuries, meeting with specialists and undergoing treatment, you must also face down big commercial truck carriers and their equally large insurers. This is where a competent semi truck accident lawyer can help.
The team at the Law Offices of Peter M. Anderson has over a century of collective experience litigating truck crash cases, gaining the “Advocate” role within the Association of Truck Accident Attorneys. Here are a few questions that our Denver semi truck accident lawyers get asked frequently:
1. Are truckers held to a higher standard of safety than other drivers on the road?
The trucking industry is more strictly regulated than most realize. The Federal Motor Carrier Safety Administration (FMCSA) requires that commercial vehicles be carefully maintained. Trucking companies must also adhere to strict laws concerning maximum weight, loading and other considerations; failing to maintain their fleet may result in catastrophic injuries. Additional issues may involve negligent hiring or training, falsified hours-of-service logs, or inappropriate dispatch.
2. I have been injured in a trucking accident. What are my next steps?
If you have been injured in a truck crash, your first step is to seek medical attention. There is a likelihood that you will have been transported via ambulance to the hospital, or had EMS or EMT (emergency medical techs) evaluate you on site. If an emergency room visit is needed, don’t hesitate to go. You may need to go to the ER directly from the scene of the crash, or if you are feeling unwell in the next few hours or days.
In the weeks ahead, make sure you follow the treatment protocol outlined by the ER doctor, your treating medical providers or other practitioners overseeing your care. Make sure you are attending to your medical needs, whether that includes specialist medical appointments, surgery consults, injections, pain management, physical therapy, chiropractic or other suggested treatment.
After that, reach out to the truck carrier’s insurance company (or all carriers involved), collect the police report and compile any witness statements. We find that this task often proves too daunting for individuals focused on their medical recovery; if that is the situation, consider hiring a law firm with the knowledge and experience to handle your case from start to finish.
Our semi truck accident lawyers will do all of the heavy lifting from collecting records, confirming insurance lines, talking with the police officers and EMTs/EMS, speaking with treating medical providers, hiring necessary experts and life care planners, making demands for policy limits and taking the case all the way to trial if a fair settlement can not be achieved.
3. Who is at fault in a trucking accident?
Rarely is the passenger vehicle/car at fault for the crash, with the vast majority of crashes attributable to the truck driver, truck carrier, truck dispatch, shipper/broker or truck manufacturer. In each of these instances, the trucking entities are held to strict regulations by the Federal Motor Carrier Safety Association (FMCSA), but often violate the rules to ensure higher profits. The trucking industry has been known to cut corners with respect to hours of service, maintenance, and negligent hiring.
Trucking carriers are often the main culprit for the crash, even though their driver was the one at the wheel. Carriers have pushed unrealistic schedules for their drivers, expecting deliveries on a very short schedule. This puts tough demands on the drivers, resulting in speeding, driver fatigue and driving in dangerous weather conditions.
This leads to the issue of experience. It takes ample experience and training to learn how to drive in bad weather safely, especially when maneuvering a large commercial truck.
Yet, the training program for drivers can be paltry; many are getting on the road with only a six week course under their belts. And the truck carriers have no issue putting inexperienced drivers on the road, as demand for service can’t keep up with supply.
Maintenance is another common issue resulting in truck accidents. The trucking company should inspect each truck before it gets on the road, but this often doesn’t happen. There are costs associated with maintenance, and it takes time — valuable time that the companies know can be used instead to make deliveries. So sometimes the routine maintenance falls by the wayside and a truck is on the road without being safe for the trip. Think faulty brakes and under or overinflated tires…
If the truck is poorly maintained or has defective parts, there are several parties that could be liable from the manufacturer of the truck, the trucking company that operates the truck and the mechanic service responsible for repairs and maintenance.
One other common crash fault: improper cargo loading. Each load has to adhere to specific weight, size, length, width, and height limits. If the truck is carrying hazardous materials, there are even stricter regulations for how it must be handled. Still, mistakes happen and errors can mean that a load makes a truck too heavy or likely to tip over.
4. Should I take the settlement offer on the table?
When liability is clear-cut (due to at-fault trucker/trucking carrier), the truck’s insurance company will likely approach you with a quick settlement offer: the amount they are willing to pay you for having caused the accident. Be careful not to agree too quickly.
Truck accident injuries are typically greater, with medical bills and personal expenses that far exceed those for typical vehicle accidents. You may not yet know the extent of your treatment plan or any physical impairments that may become more apparent with the passage of time. Even just a few weeks can make a difference.
5. How do I sue a truck company for my injuries?
Bringing suit against a truck carrier requires a clear understanding of state and Federal laws that may apply to the specific carrier. Oftentimes, the lawsuit won’t solely be against the driver’s truck carrier. Many other entities can be at fault. To properly sue a truck company for severe injuries, we recommend you seek the advice of experienced semi truck accident lawyers.
6. How does trucking accident insurance differ from car accident insurance?
The trucking defendants usually have larger insurance policies. Unlike private drivers, trucking companies carry substantial insurance liability policies: at least $750,000, and often as much as $10 million. Why? Heavier vehicles require higher coverage limits, due to the amount of damage a heavier vehicle can cause compared to a slower one, as well as the difficulty of stopping suddenly. With big insurance policies comes big defense firms, as trucking companies arm themselves with highly trained semi truck accident defense attorneys to protect them from paying damages — even when they are at fault.
Truck crash cases often involve multiple defendant parties. Truck accident claims often involve several defendants and multiple lines of insurance. Not only might the truck driver be found at fault, but the trucking company, the truck manufacturer and/or the trucking dispatch service may be held liable for the circumstances leading up to the crash. This increases the number of ways to recover for damages, but also adds a level of legal complexity that requires a dedicated trucking law professional.
7. Do all trucks have insurance?
Yes. To do business in the state of Colorado, all trucks must carry insurance policies of $750,000 as a bare minimum. Most carry much higher policies (upwards of $5 to $10 million), especially the interstate truckers who do business across the country.
Then there are the big business conglomerates (Knight-Swift, Schneider, J.B. Hunt, FedEx) who are listed public companies making billions each year. They are certain to have huge policies to protect their assets. But regardless of whether the driver is employed by a trucking company or as an independent contractor, they all must have liability insurance.
Other lines of insurance are also often involved, if the crash was a result of negligence by the shipper/broker or if there was mechanical failure on the tractor trailer. For a more detailed list of possible “at-fault” parties in a truck crash, please visit our website.
8. What is my case worth?
When taking legal action against a negligent trucking company, you will need to consider future costs. This may include economic losses like medical bills, future treatment costs and lost wages/job termination; physical impairments (inability to function as before); and/or non-economic damages (like pain and suffering) and life losses.
Our semi truck accident lawyers will be able to draw on the expertise of economists and life care planners, as well a team of medical experts and local community doctors, to help determine the medical costs you will incur down the road, and demand reasonable compensation to pay for these treatments.
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As local Denver semi truck accident lawyers, we have seen some devastating crashes in our state, like the catastrophic I-70 crash in 2019, or a recent tragedy on I-25 on June 6, 2022. While no one should suffer loss at this level, the thrum of commerce carries on with thousands of big trucking companies traveling local Colorado highways each day. At our firm, the only recourse is to help fellow Coloradoans who have been injured in accidents involving large trucks, seeking compensation to make up for the medical, financial and emotional losses endured. In the most tragic of cases, we can also assist in the filing and recovery of a wrongful death claim.
At the same time, our truck accident verdicts and settlements have sent a clear message to truck carriers: take appropriate safety precautions on the road — from training staff, loosening schedules and maintaining fleets — or pay the consequences. Should you want more details about our recent big rig accident settlements and verdicts, please call today for a free consultation.