Menu
Accidents involving semi-trucks are extremely scaring and confusing. Unlike a more common car accident, truck versus car accidents often result in severe injuries and lots of questions. The significant difference in size and weight between semi-trucks and other vehicles already makes a collision between the two different and more dangerous, but it also raises other concerns.
Each year in the US, there are nearly 500,000 accidents involving semi-trucks, resulting in 116,000 injuries and 5,000 deaths. This is no surprise when you consider that over two million commercial transportation trucks are operating on US roads at any given time, accounting for more than 200 billion miles per year collectively.
So, besides the size difference between a car and semi-truck, what are the differences between a crash involving an 18-wheeler and a motor vehicle when it comes to a personal injury claim?
Semi-trucks are subject to different regulations than other motor vehicles because they are intended to travel between states. Additionally, these restrictions exist because trucks pose a greater risk to the general public. Such regulations are set by the Federal Motor Carrier Safety Administration and navigate almost every aspect of the commercial driving industry. Some of these regulations include:
In order to prevent commercial drivers from becoming too tired, fatigued, or drowsy, the government has determined the number of hours that they are allowed to drive in a certain timeframe. Drivers are permitted to drive for no more than 11 hours after they have been off-duty for at least 10 hours.
Drivers are required to inspect their trucks before each trip. Failure to do so can result in serious accidents since semi-truck collisions are often due to equipment malfunctions. The main components that need to be inspected include tires, lights, brakes, wheels, reflectors, the horn, wipers, and the AC unit.
Truck drivers are supposed to enter their activities over the course of 24 hours in a logbook. They must record their location and how much time they spent driving or off-duty. Failure to enter information or falsifying information can result in the driver being held liable for a potential accident.
Conspicuity requirements refer to the need of the driver to make the truck trailer more visible by placing reflective material or lights on it. Accidents occur when other vehicles are unable to spot the trailer due to poorly lit highways, bad weather conditions, or not indicating the cargo.
Insurance policies for semi-trucks follow entirely different guidelines and rules than those for other motor vehicles. Such policies are regulated by the Federal Motor Carrier Safety Administration.
Accidents involving semi-trucks often result in more severe injuries and property damages to those involved. Therefore, the FMCSA requires larger minimum policies to cover any losses to the victim.
That being said, insurance companies have to pay a lot more money to compensate semi-truck accident sufferers than what they would typically pay for a car accident settlement. Therefore, they will attempt every trick in the books in order to settle for a lower amount. That includes offering the victim a low sum of money shortly after the accident or trying to find even the smallest reason to deny the claim outright.
That is why semi-truck accident sufferers should consult an attorney right away. Survivors should not accept any offers that come from insurance adjusters until they have done so. An experienced personal injury attorney will be equipped to help you with the challenges of filing a truck accident case against a large trucking company.
Circumstances, such as recovery length, unexpected complications, medical bills, and psychological trauma, can’t always be anticipated. It is also possible that they may change drastically in the months following a semi-truck vs motor vehicle collision. Accepting a financial payout right away might be tempting, but waiting for an attorney to evaluate your case will likely pay off in the long run.
Sharing the road with larger vehicles is more complicated than it sounds. Keeping everyone safe requires drivers to stay focused, keep their distance, and anticipate potential dangers.
An 18-wheeler can weigh up to 80,000 pounds in the US. That is much heavier than a car that weighs just about 5,000 pounds. When a collision occurs between a semi-truck and an automobile, the outcome is often devastating. These cases often involve significant injuries, property damages, and sometimes death.
The severity of the injuries in the event of an accident also depends on the road conditions, speed, the force of the impact, and whether all rules regarding safety were followed.
The most common traumas after a truck accident include whiplash, back and neck injuries, broken bones, and head and brain injuries.
Proving liability in a semi-truck accident can be challenging. Often, there is more than one party that can be held responsible. These are known as third-party claims.
Most often, the driver of the truck holds the greatest liability. Many reasons can contribute to an accident, including the use of drugs and alcohol, distracted driving, drowsy driving, not complying with the procedures, not entering information in the logbook, etc.
The trucking company can also be accountable for a potential accident. Sometimes companies fail to inspect the equipment thoroughly or ignore technical issues. In an attempt to meet deadlines, they might also allow the driver to drive for more than the recommended time limit of 11 hours.
If there is a defect in some part of the truck, such as the brakes, for example, that causes an accident, the manufacturer of the part might be held responsible for any damages.
If the cargo was not placed or secured properly, causing it to fall, the loader of the truck might be held accountable for any accidents, injuries, or property damages.
If you have been injured in a semi-truck accident, it is extremely important that you seek immediate medical help. Truck collisions pose a greater risk of injuries and delayed trauma. An accurate and timely medical evaluation of your injuries will also be essential for the outcome of your lawsuit.
If you or someone you love was involved in a semi-truck accident in North Dakota, don’t hesitate to contact our team of attorneys. We are experienced in proving fault, dealing with insurance companies, and getting the highest possible compensation for our clients.
Contact Sand Law PLLC today, online or by calling 701-609-1510 to schedule your free consultation.
If you’ve been injured because of someone else’s negligence, you may be able to claim damages associated with your injuries. Negligence can come in many forms, such as someone forgetting to wipe up a spill that causes you to slip and fall or someone texting while driving.
No matter how you’re injured, Sand Law is here to make sure you get the compensation you deserve for your personal injury claim.
A personal injury accident occurs when one person acts with negligence, causing injury to another person. Types of personal injury accidents include:
Car accidents are among the most common types of personal injury cases, with approximately 38,000 car accident-related fatalities occurring each year. Most motor vehicle accidents occur because of distracted driving, drunk driving, speeding, aggressive driving, or fatigued driving. Injuries can vary from minor to severe, with severe injuries having a great impact on the victim’s life.
Slip and fall accidents are also common, accounting for over eight million emergency room visits each year. Slip and fall accidents may occur when a property owner doesn’t keep their building maintained. Common hazards include:
The North Dakota personal injury attorneys at Sand Law represent all kinds of personal injury cases. We have years of experience working on different cases and will help ensure that you get the compensation you deserve, no matter the type of accident you experienced.
In North Dakota, personal injury law states that you must file your claim within six years of the incident, or you will no longer be able to pursue compensation for your damages. Wrongful death claims must be filed within two years of the date of the accident, and medical malpractice claims must be filed within two years (or, in some circumstances, six years).
Speak with an attorney as soon as possible after the accident to ensure you don’t miss your opportunity to file. If a few years have gone by and you’re interested in filing a lawsuit, you should still contact an attorney to discuss your options.
If you’ve been injured in a personal injury accident, you may be inundated with bills, lost wages, and a complete change to your quality of life. You may have to adapt to a new way of life, one that accommodates your injuries.
Adapting to a new lifestyle caused by a personal injury accident can be difficult for both your mental and physical health. Receiving compensation for your damages isn’t the solution, but it can help get you back on your feet. You can receive compensation for the following types of damages.
Economic damages or special damages cover any monetary losses you may have experienced, including but not limited to:
General damages or non-economic damages cover losses that don’t have a monetary value associated with them. Non-economic damages are calculated by looking at how much your life has changed because of the accident and injuries.
Were you forced to renovate your house to make it more accessible to you? Did you lose the ability to walk or take care of yourself? Have all your appointments put a large amount of stress on your plate? These are all questions that go into the calculation of non-economic damages.
Non-economic damages cover the following:
Punitive damages are rare but may be awarded to the plaintiff to punish the defendant further. If the defendant acted with gross negligence, you might be awarded further compensation. Punitive damages are used to prevent the defendant or a similar party from committing the same act again in the future.
For example, if the accident occurred because a trucking company was over-scheduling one of their employees past legal limits, this may be the cause of the truck driver’s exhaustion. In this case, you may be awarded punitive damages to dissuade the trucking company from continuing to commit this act of negligence in the future.
In the unfortunate circumstance that someone you love has passed away due to a personal injury accident, you may be able to file a wrongful death claim against the negligent party. Direct family members, such as a guardian, spouse, or child, may file a wrongful death case.
Wrongful death damages may be claimed on behalf of the deceased and yourself. For example, you can claim pain and suffering damages for yourself and the deceased, as you both experienced pain and suffering because of the events that followed the accident.
Wrongful death damages include:
There are a few key steps you should take after you’ve been injured in a personal injury accident. First and foremost, you should seek emergency medical attention if you require it. If not, you should stick around at the scene of the accident to gather more information. You should take pictures, record a statement for your own records, and speak to any witnesses.
After gathering evidence, you should go to the hospital or emergency room for medical attention. Even if you don’t believe that you’re injured, you should still seek medical attention. Some injuries, such as internal bleeding or organ damage, may not be visible right away. If you don’t seek medical attention immediately, your injuries may worsen.
Before speaking to an insurance company, you should contact an attorney. Speaking with an attorney first can prevent damage to your lawsuit. Insurance companies will try to get you to sign away your rights or give them a statement in exchange for quick cash. An experienced attorney will get you a much higher settlement, so it’s important to speak with them first.
Determining liability is a multi-step process. You must be able to prove that someone acted with negligence and therefore caused the accident and your subsequent injuries.
First, you must establish a duty of care. Duty of care is applicable in every situation. It’s the duty that we all owe to each, to keep each other safe within reason. For example, while driving, it’s your duty to keep other drivers safe. This means following safety laws and not putting others in danger with your actions.
After establishing the existence of a duty of care, you must prove that there was a breach of duty. This means that the liable party breached their duty by texting while driving or driving under the influence. You must be able to prove that this breach exists with evidence.
Then you must prove causation. Or that the breach of duty directly caused your injuries. This is easy because if you can prove the breach, it’s usually pretty simple to link the injuries to the breach.
And finally, you must have damages that are directly related to the accident. Without damages, you cannot file a lawsuit.
In short, the liable party is the one who caused the accident. Therefore, they caused your injury to occur. In a slip and fall accident, it could be the manager who didn’t have a mess cleaned up or a landlord who didn’t fix a broken staircase.
If you or someone you love has been injured in an accident, you’ll need an experienced North Dakota personal injury attorney by your side to help you through the process. Our team of experienced personal injury attorneys is ready to help you get the compensation you deserve for your accident.
We have years of experience practicing personal injury law and can answer any questions you may have about the process. For more information or a free case evaluation, please contact us online or call us at 701-609-1510.