Accidents involving commercial trucks are different from accidents involving only passenger vehicles. There can be a lot more involved. The truck driver isn't the only one who may be liable. There are federal regulations to consider alongside state laws. The mechanics involved in the truck, too, are quite different and may be relevant, making truck accident cases more complex. Further, the Limitation on Lawsuit Threshold, which limits the right to sue for pain and suffering in cases in involving the negligent operation of another passenger vehicle, does not apply when the operation of a commercial truck causes an accident with a passenger vehicle.
At Klatsky & Sciarrabone, our attorneys can file a strong, well-documented claim on your behalf while advocating for your rights and representing your best interests. Contact us online today or at 732-741-3200 to schedule a consultation.
Overview of the Civil Litigation Process
In those cases which cannot be settled without filing a lawsuit, the lawsuit is initiated by the plaintiff filing a Complaint which outlines the factual allegations giving rise to the claims entitling the plaintiff to an award. The filed Complaint is then served upon the defendant along with a Summons which directs the defendant to file an Answer and serve a copy of same upon the plaintiff. The defendant's Answer responds to the factual allegations set forth in the Complaint and asserts defenses to the plaintiff's claims.
After the defendant's Answer has been filed and served, the discovery phase of the litigation begins. During discovery the parties gather evidence through such methods as (a) interrogatories, which are written questions requiring written responses certified to be true, (b) depositions, which are verbal statements given by witnesses under oath in response to questions asked verbally, and (c) written requests for documents. Additionally, the parties may use requests for admissions to get one another to admit certain facts are true so as to avoid the need to offer evidence at trial to prove those facts admitted by the opposing party.
After discovery is complete, the parties will usually attempt to agree upon a settlement.
If the parties are unable to reach a settlement, then their case will proceed to trial.
Common Causes of Truck Accidents
Accidents involving commercial trucks are caused for any number of reasons.
Some of the most common include:
- Distracted driving
- Excessive speed
- Drunk or drugged driving
- Driving in high winds
- Unsafe lane changes
- Inadequate training
- Inexperience
- Excessive fatigue
- Defective truck parts
- Poor truck maintenance
- Shifting cargo inside the trailer
- Poorly-fastened cargo on a flatbed trailer.
Not all commercial truck accidents are caused by the truck driver or an issue with the truck. Other causes may include environmental conditions or another driver's error. In the end, there may be several causes that lead up to the accident, which can make these cases more complex than other types of auto accidents.
Common Types of Injuries from Truck Accidents
A collision between a commercial truck and a passenger vehicle can result in severe injuries to the individuals occupying a passenger vehicle.
These injuries include:
- Spinal injuries
- Broken and fractured bones
- Crushing injuries
- Severe or life-threatening lacerations
- Internal bleeding and damage to internal organs
- Traumatic brain injuries
- Nerve damage
- Paralysis
- Limb dismemberment
- Burn injuries.
In some cases, certain injuries can lead to additional compensation. For example, if you are left scarred, unable to work or paralyzed, you deserve more than someone who will fully recover.
Potential Liable Parties in Truck Accident Cases
Commercial truck accidents, are different from other accidents involving only passenger cars because, in part, a trucking company usually employs the truck driver involved in the crash. As the trucker's employer or carrier, it may be legally responsible for the upkeep of the truck and truck drivers' actions.
In addition to a truck driver and the carrier, several other parties may be liable for a truck accident, including:
- Manufacturer of the truck
- Manufacturer of truck parts
- Vendors providing services to the carrier (such as loaders and mechanics)
Contact Klatsky & Sciarrabone Today
Commercial truck accidents can be devastating for everyone involved. Make sure you get the compensation you deserve by hiring Klatsky & Sciarrabone. Contact us online or at 732-741-3200 to schedule a consultation today.