18-Wheeler Accident Lawsuit: Everything You Need to Know
Important Note: The information in this article is for educational purposes only and does not constitute legal advice. Truck-accident laws, time limits, liability rules, and damages can vary from state to state.
An 18-wheeler accident can prove to be a complex issue compared to an average auto accident. Commercial trucks are larger and heavier than passenger cars, and they can result in very serious injuries, significant property damage, lost wages, and costly medical care. When the actions of another person have contributed to the crash, a victim may be able to file a claim or even an 18-wheeler accident lawsuit in order to receive monetary compensation.
An 18-wheeler lawsuit usually represents a civil claim for the compensation of the losses suffered due to the accident. Depending on the situation, the responsible party could be a truck driver, trucking company, owner of the vehicle, maintenance company, cargo loading company, manufacturer, or some other party.
Certain federal laws applicable to commercial trucking can become relevant as well. For example, ELDs can store a great deal of information including driving time, vehicle miles, engine hours, and identification of the driver and carrier.
What Is an 18-Wheeler Accident Lawsuit?
An 18-wheeler accident lawsuit represents a legal claim filed against one or more parties allegedly responsible for a commercial truck collision.
The lawsuit usually tries to prove that the defendant was at fault for causing the accident and that the accident led to certain compensable losses.
For example, there may be claims that the truck driver was speeding, distracted, fatigued, intoxicated, or did not obey the traffic laws. Sometimes a trucking company may be sued due to negligent hiring, lack of proper training, unsafe scheduling, improper supervision, or inadequate truck maintenance.
There may be many types of evidence in truck cases which would not be present in an ordinary auto accident case. Such evidence can be driver qualification files, maintenance logs, inspection reports, cargo logs, electronic logging information, dashcam footage, GPS data, and company records
How to File an 18-Wheeler Accident Lawsuit
An 18 wheeler accident lawsuit often entails various steps. Of course, this process varies in accordance with state regulations and the nature of the collision.
- Get Immediate Medical Attention
After a big truck accident, it is vital to seek medical attention. Sometimes injuries can manifest themselves only with time, especially soft tissue injuries, brain traumas, and some other internal injuries.
Medical reports will help you prove the correlation between the injury and the accident.
- Fill Out the Police Report
A police report is a document that includes information concerning the site of the crash, vehicles involved, the statements of the drivers and witnesses, and observations of the officer.
- Document Evidence
Document the site of the accident, car damage, road condition, injuries, and all other necessary information by taking pictures.
It would be wrong to think that the trucking company will keep all the pieces of evidence forever. Your lawyer can send a preservation letter.
- Determine Liability
During an investigation of a truck accident, one needs to determine who is liable for it – whether it is a trucking company, truck owner, maintenance service, cargo company, or manufacturer.
- Assess Damages
Damage can consist of medical expenses, lost work, damage to property, expenses of rehabilitation, decreased earning capacity, pain, and suffering, and other losses in accordance with the applicable law.
- Communicate with Insurance Companies
Usually, truck accident cases start not with a lawsuit, but with negotiations. Insurance company will conduct an investigation and assess the liability and damage.
Although a settlement will help you to resolve the issue out of court, you need to be aware of what you sign in order to avoid problems.
- File the Suit
In case negotiations are unsuccessful, an injured person may decide to file a civil complaint against the defendant or defendants.
In the civil complaint, one needs to specify the parties to the suit, allegations, causes of action, and ask for damage.
What Compensation Can You Recover?
An amount of compensation that can be recovered during an 18 wheeler accident lawsuit largely depends on the severity of the injury, liability proof, insurance coverage, the applicable state law, and other factors.
The list of possible economic damage includes emergency medical treatment, hospital bills, surgical procedures, prescribed medication, rehabilitation, future medical care, lost wages, decreased earning capacity, property damage, and transportation costs
What Happens After the Lawsuit Is Filed?
When a lawsuit is filed and served, the defendant typically has a chance to respond.
The matter will go into discovery. Discovery allows each party to gather information and evidence related to the allegations and defenses.
Discovery can consist of:
- Interrogatories
- Document requests
- Requests for admission
- Depositions
- Testimony of experts
- Accident reconstruction
- Medical information
In a truck accident case, lawyers can look at company policies, driver training, maintenance logs, cargo information, electronic data, and other documents.
Information from an ELD can be especially relevant when the lawsuit claims that a driver violated hours-of-service regulations. But an ELD does not necessarily contain all of the information about how a truck was being operated. The FMCSA explains that an ELD is not required to monitor vehicle speed, braking, and steering.
The Use of Expert Witnesses
Expert witnesses can be very helpful in a truck accident case that is complicated.
An accident reconstructionist may analyze photographs, vehicle damage, evidence from the roadway, witness statements, data from the event, and other relevant information in order to reconstruct the crash.
A medical doctor may describe the nature of an injury, required treatment, prognosis, and potential future costs of medical care.
An economist or vocational specialist may help assess lost earning capacity or future losses.
Experts on other matters may consider trucking industry standards, vehicle maintenance, cargo loading, human factors, or mechanical defect.
The goal of expert testimony is usually to assist the court or jury in understanding issues that require specialized knowledge.
Defenses Raised in 18-Wheeler Lawsuits
Several possible defenses are available to trucking companies and insurers.
One possible defense is that the driver of the truck was not negligent. The defense may claim that the accident occurred due to the conduct of another driver, weather, road conditions, or other unexpected events.
Another defense may depend on comparative or contributory negligence, depending on the state. Some jurisdictions will allow the fact of the plaintiff's negligence to limit or even eliminate recovery of compensation.
Another defense may dispute the nature or causation of the injuries alleged by the plaintiff.
For instance, an insurance company can argue that a specific medical condition existed prior to the accident or that a specific medical treatment is unrelated to the collision.
These disputes make documentation of medical condition, accident investigation, witness evidence, and expert testimony critical
Steps to Take to Protect Your Case After an 18 Wheeler Accident
The following actions can be taken after a large truck accident to protect your legal rights and maximize your chances of recovering compensation.
Keep Medical Documentation
Adhere to the directions of your healthcare professional and document all medical treatment including appointments, medications, therapies, and costs.
Keep a Record of Losses Incurred
Maintain proof of lost paychecks, transportation costs, bills, property loss, and other costs associated with the accident.
Avoid Destroying Evidence
Save the damaged personal property and photographs where possible. Never make repairs and get rid of any material that might be evidence in the case.
Avoid Making Statements to the Insurance Company
An insurer might ask you for statements and documents in the process of investigating the accident. Always tell the truth, but don't guess when it comes to facts.
Avoid Talking About the Accident Online
Whatever you say in social media, pictures you post online, or any comments may be used as evidence in litigation. Avoid discussing the accident and injuries on social media websites.
Move Fast
Evidences can become hard to locate, memories fade away, and some legal deadlines approach soon. Early legal consultation can clarify what evidence needs to be preserved and when.
FAQs
How much is my 18 wheeler accident lawsuit worth?
The amount cannot be the same. The compensation is dependent on injury, medical expenses, lost pay, future damages, liability, available insurance coverage, and state law among other factors.
Can I bring a lawsuit against the trucking company?
Yes, potentially. Depending on the circumstances and the applicable law, the trucking company could be liable for its own negligence or the negligence of its employees.
What happens if the truck driver was at fault?
If the facts support that the truck driver caused the accident due to negligence, the truck driver may be held responsible for his or her actions. The employer or third party could be liable too.
How long does a 18 wheeler accident lawsuit take?
The answer cannot be exact. Some cases are settled fast, while others take much more time depending on injuries sustained, number of parties involved, discovery, or trial proceedings.
Should I accept the first settlement offer?
It is always a good idea to think twice about any settlement offer made. If you accept the offer, it will resolve your case forever.
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
