Have you ever been driving on the highway when a massive 18-wheeler zoomed past you? That moment probably made you grip your steering wheel a little tighter. And for good reason.
In this guide, we will walk you through the most common ways truck crashes occur, why these accidents are so dangerous, and what you can do if you find yourself injured after a collision with a commercial truck. New Jersey truck accident lawyer can provide the legal guidance you need to protect your rights and seek fair compensation.
Types of Truck Accidents
Accidents with large trucks are some of the most devastating on our roads. According to National Safety Council (NSC) statistics, truck accidents cause 5,000 to 6,000 fatalities and between 100,000 and 120,000 injuries annually. But how do these accidents occur? Before we explain how truck drivers cause accidents, let’s look at the different types of truck accidents that commonly occur on our roads.
Jackknife Accidents
A jackknife accident happens when a truck’s trailer swings out at an angle from the cab, resembling a folding pocket knife. These accidents typically occur when a driver brakes too suddenly, causing the trailer to skid and swing outward. Jackknife accidents often lead to multi-vehicle pileups because the trailer can block several lanes of traffic.
Rollover Accidents
Truck rollovers happen when a truck tips onto its side or roof. These accidents are particularly common on curved ramps, during sharp turns, or when a driver swerves to avoid an obstacle. A fully loaded truck has a high center of gravity, making it prone to tipping over when its balance is disrupted.
Rear-End Collisions
Due to their massive weight, trucks need much more time and distance to stop than passenger vehicles. When truck drivers fail to maintain a safe following distance or don’t anticipate traffic slowdowns, they may crash into the back of smaller vehicles with devastating force.
Underride Accidents
One of the most horrific types of truck accidents occurs when a smaller vehicle slides underneath a truck’s trailer. These “underride” accidents are often fatal because the top of the passenger vehicle can be sheared off. They commonly happen at night or in poor visibility conditions.
Wide Turn Accidents
Trucks need a lot of space to make turns, often swinging wide to the left before turning right. This maneuver can trap smaller vehicles between the truck and the curb or cause collisions with vehicles in adjacent lanes who don’t realize the truck is in the process of turning.
Why Truck Accidents Are More Dangerous Than Regular Car Accidents
Have you ever wondered why news about truck accidents seems more alarming than regular fender benders? There are several reasons why collisions involving commercial trucks tend to be more catastrophic:
- Size and weight disparity: The most obvious reason is the enormous size difference. A fully loaded commercial truck can weigh up to 80,000 pounds (the weight of the average passenger vehicle is around 4,000 pounds). In a collision between vehicles with such a dramatic weight disparity, the laws of physics dictate that the smaller vehicle will absorb most of the impact force.
- Increased stopping distance: Trucks require much more time and distance to come to a full stop. When traveling at highway speeds, a truck may need the length of two football fields to stop completely. It gives truck drivers less margin for error when unexpected obstacles appear.
- Higher ground clearance: The high ground clearance of most commercial trucks creates the risk of underride accidents, where smaller vehicles can slide underneath the trailer. Despite being required equipment, underride guards are not always effective in preventing these often fatal accidents.
- Dangerous cargo: Many trucks transport hazardous materials like chemicals, gasoline, or other flammable substances. When these trucks are involved in accidents, the danger isn’t limited to the collision itself—fires, explosions, or toxic spills can create additional hazards for everyone in the vicinity.
- Complex insurance and liability issues: Beyond the physical dangers, truck accidents involve complex legal and insurance challenges. Multiple parties may share liability, including the driver, trucking company, maintenance providers, and cargo loaders. This complexity can make it more difficult for victims to receive fair compensation without experienced legal help.
Combining all these factors makes it clear why truck accidents are much more devastating than typical car crashes.
Common Ways Truck Drivers Cause Accidents
Now, let’s explore the most common ways truck drivers cause accidents on our roads.
Driver Fatigue
Despite federal regulations limiting driving hours, fatigue remains one of the leading causes of truck accidents. Truck drivers often face tight delivery deadlines and may push themselves beyond safe limits. According to the National Transportation Safety Board (NTSB), truck driver fatigue contributes to between 30 and 40 percent of all crashes with large trucks.
Distracted Driving
Like any driver, truckers can be distracted by phones, food, or adjusting equipment. However, the consequences of a moment’s inattention are far more severe when operating a massive commercial vehicle.
Improper Training or Experience
Operating a commercial truck requires specialized skills and training. Improperly trained drivers or those who lack truck driving experience may not know how to handle their vehicles safely in challenging conditions.
Speeding and Aggressive Driving
The pressure to meet delivery deadlines can lead some truck drivers to speed or drive aggressively. The physics of a speeding 80,000-pound vehicle makes this behavior particularly dangerous.
Impaired Driving
While most professional drivers understand the dangers of drunk driving, some may use stimulants to stay awake during long hauls or may be impaired by prescription medications.
Poor Vehicle Maintenance
Neglected maintenance can lead to mechanical failures at critical moments. Faulty brakes, tire blowouts, or steering problems can make a truck uncontrollable.
Improper Loading
When cargo is improperly secured or unevenly distributed, it can shift during transport, affecting the truck’s stability and handling. For this reason, the FMCSA has strict cargo securement rules.
Are Truck Drivers Always at Fault for Accidents?
Truck accidents can be complex events with multiple contributing factors, so truck drivers aren’t always at fault when collisions occur. So, who may also be responsible?
- Other drivers on the road: Passenger vehicle drivers often don’t understand a truck’s limitations. Cutting off a truck, lingering in blind spots, or failing to give trucks enough space to maneuver can contribute to accidents.
- Trucking companies: Sometimes, the real problem isn’t the driver but the company policies that create unsafe conditions. Companies that set unrealistic schedules discourage proper maintenance or fail to provide adequate training share responsibility for accidents.
- Manufacturers or maintenance providers: Defective truck parts or negligent maintenance can cause accidents even when a driver is doing everything right. In these cases, the manufacturer or maintenance provider may bear liability.
The reality is that truck accidents rarely have a single, simple cause. While truck drivers are often at fault, a thorough investigation might reveal that other parties share responsibility. This is where you might benefit from the assistance of a truck accident lawyer.
Evidence That Can Help You Prove Fault After a Truck Accident
If you’ve been involved in a truck accident, you need to collect the right evidence to accurately establish who was at fault. Some of the evidence that can help you with that include:
- Electronic Logging Devices (ELDs): Modern trucks have devices that track driving hours, speeds, and rest periods. This data can reveal if a driver was exceeding legal driving limits or speeding at the time of the accident.
- Black box data: Similar to airplanes, many commercial trucks have “black boxes” that record critical information about the vehicle’s operation before a crash. This data can show braking patterns, speed changes, and other vital information.
- Driver logs and employment records: A driver’s history of violations, training records, and employment background can help establish patterns of negligence or inadequate preparation for the job.
- Maintenance records: Documentation of vehicle inspections and repairs can reveal if mechanical problems were ignored or required maintenance was neglected.
- Witness statements: Accounts from people who saw the accident can provide valuable perspectives on what went wrong.
- Police reports: Official accident reports often include preliminary fault determinations and documentation of conditions at the scene.
- Cargo records: Bills of lading and weight station receipts can help determine if a truck was overloaded or if cargo was improperly distributed.
- Cell phone records: If distracted driving is suspected, cell phone records can show if a driver was using their phone at the time of the accident.
When it comes to gathering evidence, you need to move fast. Why? Some of the evidence may be overwritten or discarded if not properly preserved. This is something a skilled truck accident attorney will take care of right away as they know ways to legally require companies to preserve evidence.
What to Do if You Are Injured in a Truck Accident?
If you’ve already seen a doctor following a truck accident (which is the right first step), here’s what you should do next:
Follow Your Treatment Plan Carefully
Your health is the top priority. Follow your doctor’s instructions precisely and attend all follow-up appointments. Missing appointments or ignoring medical advice can not only slow your recovery but can also be used against you by insurance companies who may claim your injuries aren’t serious.
Document Everything Related to Your Injuries
Keep detailed records of:
- All medical treatments and appointments
- Medications and their costs
- Physical therapy sessions
- Any modifications needed for your home or vehicle
- Days missed from work
- How your injuries affect your daily life
Take photos of visible injuries as they heal to create a visual record of your recovery process.
Avoid Discussing Your Case with Others (Except Your Attorney)
Be careful about what you share on social media or with others about your accident and injuries. Insurance companies often monitor social media accounts, looking for posts that can undermine injury claims.
Don’t Accept Early Settlement Offers
Trucking companies and their insurers may contact you quickly with a settlement offer. These initial offers are almost always far less than your case is worth, especially before the full extent of your injuries is known. Have you considered what your future medical needs might be?
Preserve Evidence From the Accident
If you haven’t already done so, gather and preserve any evidence you have from the accident scene, including:
- Photos of vehicle damage
- Photos of the accident scene
- Contact information for witnesses
- The police report
- Any notes you made about what happened
As discussed earlier, you may need an attorney’s help to preserve the evidence properly.
Contact a Truck Accident Attorney
Truck accident cases involve complex federal regulations, multiple potentially liable parties, and aggressive insurance companies. An experienced truck accident attorney can help navigate all that stuff while you focus on what matters most—your recovery.
How Can a Truck Accident Attorney Help?
When recovering from serious injuries, dealing with insurance companies and legal matters related to your claim can feel too daunting. That’s why many choose to hire a lawyer to help them with the following:
Conducting an Investigation
A good attorney won’t rely solely on the police report. They’ll launch their investigation, which may include sending spoliation letters to preserve evidence like electronic logs and black box data, interviewing witnesses, working with accident reconstruction experts, reviewing the truck driver’s history and qualifications, and investigating the trucking company’s safety record, among other things.
Identifying All Liable Parties
Truck accidents often involve multiple responsible parties beyond just the driver. Your attorney will determine which parties share liability to maximize your potential compensation.
Calculating the Full Value of Your Claim
Do you know how to put a dollar value on months of pain or a permanent disability? Most people don’t. An experienced attorney will help calculate all your economic and non-economic damages. Some cases may also be eligible for punitive damages, but that depends on state law. In New Jersey, for example, injured victims can recover punitive damages if they can prove the liable party caused their injury intentionally or was acting with reckless disregard for the safety of others (N.J. Stat. § 2A:15-5.12).
Negotiating with Insurance Companies
Truck accident claims typically involve commercial insurance policies with much higher limits than regular auto insurance. Insurance adjusters fight harder to protect these large policies. Your truck accident lawyer will handle all communications with insurance companies, present compelling evidence to support your claim, counter lowball offers with well-reasoned demands, and negotiate strategically to maximize your settlement.
Preparing for Trial if Necessary
While most cases settle, sometimes a fair settlement isn’t possible. A good truck accident attorney prepares every case as if it will go to trial by developing a compelling legal strategy, working with expert witnesses, preparing exhibits and demonstrations, and crafting persuasive arguments to prevail in the courtroom.
Call A Truck Accident For Best Results
If you or a loved one has suffered an injury in a truck accident, it’s best to contact a seasoned truck accident New Jersey personal injury lawyer in your area as soon as possible. Call today, you won’t regret it.
