Truck Accidents and What You Need to Know
Feb 12th, 2009 by admin
Every 16 minutes a person is killed or injured in an accident involving an 18-wheel truck, tractor-trailer, or semi-truck. Approximately 5,000 persons are killed each year in large-truck (trucks having a gross weight in excess of 10,000 pounds) accidents. Roughy 115,000 persons are injured in large truck-related accidents. One out of eight traffic fatalities result from an accident involving a large truck.
Fatal truck accidents are most likely to occur on a weekday in a rural area during the daytime and on dry road conditions. Most of the fatal crashes involving large trucks occurred in rural areas (68%) during the daytime (67%) and on weekdays (81%). On weekends, 60% of truck-related crashes occurred at night (6:00 p.m. to 5:59 a.m.). Tractors pulling one semi-trailer are the most common configuration, accounting for about 60% of all large trucks involved in a fatal collision. Large trucks are more likely to be involved in multiple vehicle crashes than smaller vehicles.
Leading causes of large truck accidents include aggressive drivers; driver fatigue; driver error, especially speeding and tailgating; the failure to install blind-spot mirrors; equipment failure; failure to maintain current inspection stickers; failure to inspect the truck—especially the tires, brakes, and lights—and perform regular maintenance on it; and driving overloaded trucks. The driver may have compensation incentives that encourage faster truck speeds and more hours of consecutive driving than would be normally advisable. Unrealistic schedules and expectations of trucking companies often encourage drivers to hurry, despite safety risks involved. Driver fatigue may result in up to 30% of truck accidents. Laws regulate how many consecutive hours a truck driver can drive.
FREQUENTLY ASKED TRUCK ACCIDENT QUESTIONS
Q. What do you recommend that I keep on hand in case I’m ever in an accident with a large truck?
A. There are some things that you should always keep in your glove compartment to use in case you’re ever involved in an accident with a large truck. These include:
1. A small notebook or pad of paper
2. A sharpened pencil
3. A disposable camera (even if your cell phone takes pictures, as it might get broken)
4. Your insurance card
5. Your current vehicle registration
Q. What should I do if I have just been in an accident?
A. There are a number of things you need to do. As hard as it may be, the first thing to do is to keep your cool and your wits about you. The most important immediate thing to do is to determine the severity of your injuries. If you have suffered serious head, neck, or back trauma or injuries, it is important for you not to move, unless your car is in danger of burning, falling down an embankment, or some other emergency, or it is necessary to move you so you can receive first aid before the paramedics arrive. If you suffer a broken neck or back in the accident, moving it incorrectly may exacerbate the injury and lead to permanent paralysis. Have someone dial 911 immediately and ask them to send the paramedics and the police right away.
Q. Should I move my car to the side of the road?
A. If your car is drivable and is blocking traffic, and you have not been seriously hurt, it may be a good idea to move it to the side of the road. You may have to be moved so first aid can be given before the paramedics arrive. However, before you move your car, take pictures of the vehicles before they are moved. Many cell phones have the ability to take pictures. If your cell phone does not take pictures or was broken in the accident, ask a witness or bystander to take pictures and exchange information (name, address, and telephone number) with the witness. As noted above, you should carry a disposable camera in your glove compartment that you can purchase at a supermarket or drugstore for six or seven dollars.
Q. What information should I get from the other driver?
A. Ask the other driver to see his or her license. Ask if the address on it is current. If it is not, ask the driver for his or her current address. (But just to be safe, write down the address on the license as well.) Write down the truck’s license plate number. If it is a tractor pulling a trailer, write down both license plate numbers (i.e., the license plate number of the tractor and the number of the trailer). Also make note of who owns the trailer. Find out whether the driver is employed by the company whose trailer he is pulling or if he or she is an independent contractor. Ask the truck driver for his or her home and work telephone numbers. Also ask for the name and address of his or her employer. If the other driver doesn’t know his employer’s address, ask for the name of the city it is in. Get the name of the other driver’s insurance agent and telephone number, the name of his or her insurance company, and the policy number. Ask to see the driver’s insurance card. California law requires every driver to have insurance, and insurance companies issue each policyholder an insurance identification card.
Q. Should I ask to see the other truck driver’s vehicle registration?
A. By all means, ask to see the current registration for the truck. If the registered owner is different than the driver, write down the registered owner’s name and address. Ask the driver if he or she knows the telephone number of the registered owner.
Q. The accident I was in was minor. Should I still call the police?
A. Except in the most minor of cases, it is always a good idea to call the police to the scene. Even if the police officer does not make an official report of the accident, he or she can get the information from the parties and identification and contact information for witnesses. When a truck collides with a smaller vehicle, usually the damages to the smaller vehicle are substantial. And although you may think that you are not injured at the time of the accident, it may take several days or weeks for injuries, especially so-called “soft tissue” injuries, to manifest themselves.
Q. Do I have to file a report of the accident with the Department of Motor Vehicles?
A. California law requires you to notify the DMV within 10 days of the accident if there is any personal (bodily) injury or the property damage exceeds $750. The form for reporting the accident is known as an SR-1. You can obtain an SR-1 form from your insurance company, a police station, or the DMV.
Q. What should I do if the other driver says not to call the police, and that he or she will pay for the damages to my car, and not to call the insurance companies because he or she doesn’t want his insurance rates to go up?
A. There is usually one of two reasons the other driver may want to go through his/her insurance company. One is he/she doesn’t want his/her insurance premiums to go up after a minor accident. The second main reason a driver doesn’t want to call the police or get the insurance company involved is because or he or she doesn’t have any insurance. Even if you don’t seem injured or your injuries appear small and the damage to your vehicle minor, get the other driver’s insurance information. If he/she still hesitates or refuses to give it, tell him or her that you have no other choice than to call the police to take an accident report.
Q. Is there anything I should not do at the scene of the accident?
A. First and foremost, do not admit fault. Avoid saying things such as “I’m sorry, I didn’t see you.” Don’t say you weren’t hurt. Injuries from automobile accidents may not show up for a couple of days, even months. You may think you were at cause and admit liability when in fact you were not wholly or partially responsible for the accident. For instance, you may think you were the cause of the accident when in fact it was due to a dangerous roadway or intersection.
Q. I was seriously injured in an accident with a large truck that was partly my fault. Does this mean I can’t sue the truck driver or his or her employer for my hospital bills, lost wages, pain and suffering, and other damages?
A. Not at all. In California, the legal doctrine of “comparative fault” or “comparative negligence” applies. Suppose the total amount of your damages was $100,000, but you were 40% responsible for the accident and the other driver was 60% at fault. In that case, the amount you could recover from the other driver would be reduced by 40%, so instead of getting $100,000, you would recover $60,000. Car accident cases in which both parties were at fault can get complicated, as the other driver’s insurance company will try to place all or most of the blame for the accident on you. It is critical that you be represented by an experienced personal injury lawyer in situations such as this, especially if your injuries are serious.
Some examples of comparative negligence are making an unsafe lane change abruptly in front of a truck; driving behind and beside a commercial truck where the truck driver has limited or zero visibility; driving on the right side of the truck while the truck is making a right turn; failing to yield the right-of-way to an approaching truck when making a left turn; failing to speed up or slow down when a truck is merging with traffic or changing lanes; merging improperly into traffic, causing the truck to brake or maneuver quickly; and driving between large trucks.
Q. It’s been two weeks since the accident and this morning when I got up, I had a severely sore and stiff neck, back, and shoulders. Could this be due to the accident?
A. Yes. It is not at all unusual for injuries from a traffic accident to show up several days, even weeks, after the accident. You should make an appointment with your physician for evaluation. Your primary care physician may prescribe muscle relaxants and pain killers, and/or refer you for physical therapy. Alternatively, you may wish to call an experienced personal injury lawyer, who often may be able to steer you to a physician who specializes in this type of injury.
Q. A couple of months ago, I was rear-ended by a large truck while I was stopped at a red light. I wasn’t injured and the truck driver’s insurance company paid to repair my car. But now I’m starting to get afraid of driving or even being a passenger. I keep thinking about all the ways I could get into an accident. Is this normal?
A. After a person has been in a traffic accident, it is not at all unusual for him or her to be apprehensive about driving for a while. If the accident was relatively minor, those fears usually go away in a couple of months. But it is not at all uncommon for a victim who has been injured in an accident to suffer psychiatric or psychological injuries. The victim at first will suffer mild anxiety when driving or riding in a car, and this mild anxiety can turn into severe, even crippling anxiety that makes the victim deathly afraid of riding in a car. Also, a car accident is a traumatic event and the victim may have nightmares reliving the accident or cringe at sudden, loud noises. This is known as post-traumatic stress disorder (PTSD) and may require months of expensive psychiatric and psychological treatment to deal with his or her disabling fears.
Q. The truck driver’s insurance company has been good about paying my medical expenses and car repairs. They’ve told me not to hire a lawyer, as the lawyer will just take a large chunk of my settlement and I’d do better without one.
A. An insurance adjuster is employed by the insurance company, and his or her only concern is settling a case as quickly and cheaply as possible. Studies consistently show that car and truck accident victims who are represented by a competent and experienced personal injury law firm end up with significantly more money in their pockets even after the lawyer’s fees are paid than accident victims who are not represented by a lawyer and try to handle their own claims.
Q. How soon after I’ve been injured in a car accident should I get legal representation?
A. If you have been seriously injured—or a loved one has been killed—in a truck accident, you should retain a lawyer as soon as possible. The insurance company will assign an adjuster to the case as soon as it is reported to the insurance company and usually the adjuster will want to take your statement as soon as possible. Do not give the adjuster a statement until you have talked with—and preferably retained—an experienced personal injury lawyer. The adjuster is trained to ask questions that are biased in favor of the insurance company and designed to trip you up. You should never give a statement to an insurance company adjuster or other representative without the consent and presence of your attorney.
Q. What type of losses can I seek compensation for?
A. You are entitled to recover money damages for all losses reasonably connected to the accident. This includes medical expenses, lost wages, the cost of a rental car, money for damaged or destroyed property you had in the car, and damages for pain and suffering. See the “Damages You Can Receive” Information Center for further information on what type of damages you are entitled to recover from the negligent driver.
Q. Do I have to pay the lawyer a part of his or her fee up front?
A. No. Personal injury attorneys representing victims of others’ careless acts work on a “contingency fee” basis. This means that the lawyer’s share of the fees comes out of the ultimate award. Generally the lawyer is entitled to a fee only if the case results in a settlement or verdict favorable to you. If you lose the case, you owe the lawyer nothing.
