When trucks are involved in accidents on interstate highways, the situation is always dire.
You shouldn’t have to pay for medical expenses when your accident wasn’t your fault. A specific party can be held responsible for your losses.
If you are a victim of an interstate truck accident, you should know your rights. You could claim punitive damages after an interstate accident. However, the process may be hard to navigate– from filing the claims to proving that you deserve compensation for what happened. This article will help you navigate your interstate truck accident claims and help you seek fair compensation.
Why Truck Accidents on Interstates Are More Dangerous
Interstate truck accidents are more dangerous because of the characteristics of interstate highways and commercial trucks. There are several reasons why interstate truck accidents are extremely dangerous:
- Higher speed limits. In general, speed limits on interstate highways range from 55 mph to 80 mph, with urban interstates having the lowest limits and rural interstates having the highest. High-speed truck accidents result in greater impact forces and more severe damage and injuries.
- Braking requires more time and space. For a fully loaded tractor traveling 55 mph, the Federal Motor Carrier Safety Administration (FMCSA) estimates an average stopping distance of 196 feet, almost half a football field. Because many interstates have speed limits exceeding 55 miles per hour, commercial trucks need more space.
- Higher risk of multiple collisions. Traffic on Interstate highways can be heavy, especially during peak hours or in urban areas. Traffic congestion makes it more difficult for large commercial trucks to navigate safely, putting them at a greater risk of collisions with multiple cars.
Common Causes of Interstate Truck Accident
It’s not uncommon for truck accidents to occur on interstates. Here are a few of the most common reasons for interstate truck accidents:
- Speeding. Many interstate truck accidents and collisions occur on roadways when vehicles go too fast. Due to high speeds, truck drivers have less time to react to traffic congestion, sharp turns, sudden stops, or obstacles on the road.
- Driver fatigue. Truck drivers can become fatigued after driving long stretches of monotonous highways. Federal regulations limit the number of hours truck drivers may work to prevent this. In a high-speed environment like the interstate, disobeying hours-of-service regulations increases accident risk.
- Distracted driving. Using a cell phone, eating, adjusting the radio, or interacting with in-cab technology are examples of distracted driving. The smallest lapse in attention may result in truck drivers missing cars, changing lanes, or other unexpected events and causing a collision.
- Mechanical failures. Routine maintenance and inspection are necessary for commercial motor vehicles to remain in good working condition. Trucking companies may be liable for crashes if their fleet isn’t properly maintained.
- Bad weather conditions. During adverse weather, road traction and visibility can be reduced, increasing the risk of accidents.
- Poor training. Some truck drivers may need additional training, resulting in better decision-making in driving.
Determining Liability in Interstate Truck Accident
Generally, trucking companies are liable for trucking accidents caused by drivers operating within the scope of their employment. States typically have their own laws governing these incidents as well.
The truck driver may be held liable depending on the following factors:
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- The driver’s intentions
- How the driver behaved at the time and place
- The driver’s type of work
- Employer expectations of employees
- Employees’ freedom to accomplish their tasks
When drivers do not act within the scope of their employment, they can be held liable for the collision. In this case, the driver—not the trucking company—is liable. An experienced attorney anticipates the outcome and prepares accordingly if the factor is relevant to the case.
In addition, trucking companies are exempt from liability for collisions under other regulations. These statutes require the driver’s intent to be taken into account. It is not the company’s responsibility if a driver commits intentional torts such as assault, battery, or kidnapping.
Truck Accident Damages You Can Recover
You must establish the economic damages you suffered to get compensation. The actual dollar amount of economic damages can be demonstrated through an insurance claim, and they are fairly easy to calculate.
Depending on the type of truck accident you are involved in, you may be able to seek the following economic damages:
Medical Costs
Medical expenses resulting from a truck accident can be collected as damages. These may include doctor fees, hospital bills, emergency medical care, prescriptions, physical therapy, and other expenses for future care.
The sooner you see a doctor after your truck accident, the better your chances of proving your medical damages. The majority of truck accidents lead to very serious injuries, so you will likely need emergency medical attention.
Lost Wages
It is possible to recover compensation for wages lost due to your injuries (or if you suffer emotional damage due to your injuries). Truck accident victims will find this very important, as lost work time means less income for living expenses and immediate medical expenses.
You may also be eligible to collect for “earning capacity loss” if your injuries prevent you from returning to your previous job. If this applies to your case, speak with an attorney immediately.
Property Damage
Vehicles often end up totaled after a truck accident. Accidents with large trucks can be extremely serious, even when they occur at low speeds. You can collect for vehicle damage after a truck accident either for repairs or replacement in the case of a totaled vehicle.
Additionally, property damages may refer to electronic devices, watches, prescription glasses, or other personal items. Ensure that all property damaged in the accident is taken into account.
Legal Fees
Most truck accident claims allow you to recover the costs of hiring your lawyer. Services such as legal counsel and court-related legal representation are included here.
Hire an Accident Lawyer
Identifying who is liable for your recent interstate truck accident can be challenging. If multiple parties were involved in your crash, or if liability is compounded by contracts, a person without legal experience may be unable to unravel these legal knots in time to protect your legal rights. Thus, it is important to get legal representation from an experienced lawyer.
Photo credit: HWM.
