Commercial vehicles like semi trucks, delivery vans, and buses play a vital role in keeping our economy running. However, these large vehicles also pose unique dangers when they are involved in accidents. Commercial vehicle crashes often result in catastrophic injuries due to the sheer size and weight of these vehicles compared to standard passenger cars. If you or a loved one has been injured in an accident with a commercial vehicle, it is essential to seek experienced legal counsel to protect your rights.
Keep reading for a guide to commercial vehicle accidents: unique challenges.
Factors That Increase Risk
There are several factors that make accidents involving commercial vehicles more likely to occur and result in serious harm:
- Size difference – Commercial trucks can weigh up to 80,000 pounds whereas passenger cars average around 4,000 pounds. This huge disparity in size means the occupants of passenger vehicles are at greater risk of injury or death.
- No seatbelts – Unlike passenger cars, semi trucks do not have seatbelts to restrain drivers in a crash. This lack of safety equipment leads to more ejections and injuries.
- Rollovers – The high center of gravity on trucks makes them prone to rolling over, especially at high speeds. Rollover crashes often lead to fatalities.
- Driver fatigue – Truck drivers are often under intense pressure to meet tight delivery windows, leading many to forego sleep and operate while fatigued. Drowsy driving dramatically increases crash risk.
- Equipment issues – Lack of maintenance on commercial vehicles combined with long hours of operation can lead to equipment failures like defective brakes, bald tires, and more. Such issues raise the chances of a crash.
- Hazardous cargo – Trucks hauling chemicals, fuel, and other hazardous materials pose additional risks if those materials are released in a crash.
- Speeding and reckless driving – Truck drivers trying to make up for lost time may drive aggressively and speed excessively, increasing the force of impact in a crash.
- Distracted driving – Actions like eating, texting, or operating navigation systems can divert the driver’s attention from the road.
- Impaired driving – Drug or alcohol use by the commercial driver also dramatically escalates the risks.
- Invalid licenses – Some drivers operate with suspended or revoked licenses.
- Poor training – Inadequate driver training is tied to increased crash rates.
- Challenging road conditions – Hazards like steep grades, tight turns, and narrow lanes strain the capabilities of trucks and their drivers.
Common Injuries in Commercial Vehicle Accidents
When an 80,000 pound semi truck crashes into a passenger car, the results are devastating. Occupants of passenger vehicles often suffer:
- Traumatic brain injuries (TBI) – The violent impact can cause the brain to bounce around inside the skull, damaging tissue and nerves. TBIs can result in disability or death.
- Spinal cord injuries – Forces from the crash can fracture vertebrae or sever the spinal cord, resulting in partial or total paralysis.
- Internal organ damage – Seatbelts and steering wheels can cause blunt force trauma to organs like the liver, kidneys, spleen, and more.
- Broken bones – It takes immense force to break large bones like the femur, pelvis, or vertebrae. These orthopedic injuries typically require surgery and extensive rehabilitation.
- Crush injuries – When vehicles collapse and trap occupants inside, it can lead to severe crush injuries that damage muscle and nerve tissue extensively.
- Amputations – When limbs are fully or partially severed in serious crashes, amputation may be required.
- Burn injuries – If fires occur due to spilled fuels, passengers may suffer disfiguring burn wounds.
- Soft tissue damage – Whiplash, sprains, torn ligaments, and other soft tissue injuries cause lingering pain.
- Wrongful death – Due to the extreme nature of most commercial vehicle crashes, fatalities are common. Families may be able to pursue wrongful death claims.
Unique Legal Challenges
Pursuing injury claims that involve commercial vehicles comes with some unique challenges:
- Multiple potentially liable parties – The truck driver, trucking company, parts manufacturers, cargo loaders, and more could share blame. Hiring a Los Angeles truck accident lawyer to identify all responsible parties is key.
- Limited insurance coverage – Semis are only required to carry $750,000 in liability insurance. Damages often exceed those policy limits. Other avenues for adequate compensation must be explored.
- Destroyed evidence – Crash debris and even the vehicles themselves are often disposed of quickly after a major crash, hindering accident reconstruction efforts. Steps must be taken to preserve evidence.
- Data recorder access – Trucks have black box data recorders that store vital crash information. Gaining access to this data immediately is imperative.
- Multi-state trucking companies – Many trucking companies are incorporated in states with laws favorable to them, complicating lawsuits. Knowledge of regulations across state lines is vital.
- Aggressive legal defenses – Trucking companies and insurers typically deny blame and aggressively fight claims. They may use questionable tactics.
- Contributory negligence – Trucking companies may try to shift blame to the passenger vehicle driver to reduce payouts.
- Damage caps – Some states limit the amount that can be recovered in truck accident cases through caps on non-economic damages.
Commercial vehicle accidents can present numerous legal hurdles. An experienced truck accident lawyer Los Angeles can handle these complexities and build a strong claim on your behalf.
Taking Legal Action After a Commercial Vehicle Crash
The aftermath of a serious semi truck collision is devastating. Victims and families can be overwhelmed as they cope with catastrophic injuries, mounting medical bills, lost income, and trauma. An attorney can lift some of the burden by handling time-consuming legal tasks while claimants focus on recovery. An attorney will:
- Conduct a thorough investigation to determine all liable parties and avenues for compensation
- Coordinate with doctors, employers, insurance companies, and other entities to gather evidence
- Determine the full extent of damages like medical expenses, lost wages, pain and suffering
- Negotiate strongly with insurers to demand fair compensation
- Be willing to take the case to trial if a satisfactory settlement cannot be reached
The experienced truck accident lawyers at Karns & Karns Personal Injury and Accident Attorneys understand the unique legal complexities involved in commercial vehicle claims. We have helped numerous victims secure maximum compensation after catastrophic crashes. If you or someone you love has been injured in an accident involving a semi truck, delivery van, bus, or other commercial vehicle near Los Angeles, contact us today at 833-545-1644 for a free consultation. We will fight to help you recover the compensation you need and rightfully deserve.
