Examples of Successful Truck Accident ClaimsPosted on: May 17, 2023
Sharing the road with commercial trucks can be challenging, but it is crucial to do so safely to prevent accidents and injuries. At Beers & Gordon, we have seen firsthand the devastating consequences of truck accidents, and we want to help you understand the importance of safe driving around commercial trucks. In this article, we will discuss some of the most common causes of truck accidents, provide examples of successful truck accident claims, and share some tips for safely sharing the road with commercial trucks.
The Reality of Truck Accidents
Truck accidents can be incredibly dangerous due to a commercial truck’s size and weight. The Federal Motor Carrier Safety Administration (FMCSA) reports that there were 4,588 large trucks involved in fatal crashes in 2020. These accidents can lead to serious injuries, such as traumatic brain injuries, broken bones, spinal cord injuries, and more. In addition to physical injuries, truck accidents can also cause emotional trauma and financial hardship due to medical bills, loss of wages, and property damage.
So what are some of the most common causes of truck accidents? Let’s take a closer look:
- Driver Fatigue – Truck drivers may be under pressure to meet tight delivery schedules, which can lead to fatigue and drowsy driving. Unfortunately, many of the drivers violate DOT regulations on the hours that they are allowed to drive.
- Speeding – Commercial trucks can cause significant damage when they are traveling at high speeds, and speeding can also reduce a driver’s ability to react to unexpected situations.
- Distracted Driving – Distractions such as texting, eating, or adjusting the radio can take a truck driver’s attention away from the road and increase the risk of an accident.
- Improper Maintenance – Neglecting to properly maintain a commercial truck can result in brake failure, tire blowouts, and other dangerous situations.
Overloading – Trucks that are carrying too much weight can be more difficult to control and may have difficulty stopping, especially on steep inclines or declines.
Examples of Successful Truck Accident Claims
At Beers & Gordon, we have helped many clients win successful truck accident claims. Here are some fictitious examples based on cases we have successfully prosecuted:
John was driving home from work when a semi-truck swerved into his lane and crashed into his car. The truck driver had been driving for 18 hours without a break and had fallen asleep at the wheel. John filed a truck accident claim against the trucking company, and he was awarded compensation for his medical bills, loss of wages, and pain and suffering.
Carla was driving home from a friend’s house when a speeding truck crashed into her car at an intersection. The truck driver was rushing to make a delivery and had been exceeding the speed limit. Carla filed a truck accident claim against the trucking company, and she was able to recover damages for her pain and suffering, medical expenses, and loss of income.
Daniel was running errands around town when a distracted truck driver ran a red light and crashed into him. The truck driver had been texting on their phone at the time of the accident. Daniel filed a truck accident claim against the trucking company, and he was awarded compensation for his medical bills, lost wages, and pain and suffering.
Karen was driving on the highway when a truck in the next lane suddenly lost control and crashed into her car. The truck had failed to stop due to malfunctioning brakes. Karen filed a truck accident claim against the trucking company and was able to recover damages for her lost income, pain and suffering, and medical expenses.
Alex was driving home from work when an overloaded truck swerved into his lane and crashed into his car. The truck had been carrying more weight than was legally allowed, which caused the driver to lose control. Alex filed a truck accident claim against the trucking company, and he was able to recover damages for his medical bills, loss of wages, and pain and suffering.
In each of these cases, an investigation was conducted, strong evidence was presented, and experienced legal representation was obtained. These factors played a crucial role in the successful outcome of these truck accident claims.
Examples of Unsuccessful Truck Accident Claims
Unfortunately, not all truck accident claims are successful. Here are a few fictitious examples of cases that may not win based on information discovered during the investigation phase.
Joe was driving his car behind a truck when the truck suddenly came to a stop to avoid hitting a pedestrian. Joe was unable to stop in time and crashed into the back of the truck, causing serious damage to both vehicles. It was later discovered that Joe had been distracted by his cell phone and had not been paying attention to the road. Joe was not able to win a truck accident claim against the trucking company because his own distraction and failure to pay attention had contributed to the accident.
Poor Weather Conditions
Mary was driving her car on the highway during a thunderstorm when a truck swerved into her lane and crashed into her car. Mary suffered serious injuries, including a broken arm, and filed a truck accident claim against the trucking company. However, it was later discovered that Mary had been driving too fast for the wet road conditions and had lost control of her car before the collision occurred. Mary was not able to win a truck accident claim against the trucking company because her own negligence had contributed to the accident.
Tom was driving his car when a truck suddenly changed lanes and crashed into his car. Tom suffered injuries and filed a truck accident claim against the trucking company. However, it was later discovered that Tom had been driving recklessly, speeding, and weaving in and out of traffic, which had caused the truck driver to swerve and crash into his car. Tom was not able to win a truck accident claim against the trucking company because his own reckless driving had contributed to the accident.
These examples highlight the importance of determining fault in a truck accident claim and the role that evidence plays in establishing fault.
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Tips for Safely Sharing the Road with Commercial Trucks
While truck accidents can and do happen, there are steps that drivers can take to help prevent them. By following these tips, you can help make sure that you are safely sharing the road with commercial trucks.
One of the most important things to remember is to stay out of the truck’s blind spots. Trucks have larger blind spots than cars, so it’s important to avoid driving in these areas. If you can’t see the driver’s face in their mirror, they can’t see you. Make sure to pass trucks quickly and avoid lingering in their blind spots.
Another important tip is to keep a safe distance from the truck. Trucks require more space to stop than cars, so it’s important to maintain a safe distance behind them. A good rule of thumb is to keep a distance of at least one car length for every 10 mph of speed. This will give you enough time to react if the truck stops suddenly.
If you need to pass a truck, do so on the left side and signal well in advance. Make sure to maintain a consistent speed and pass the truck quickly. Once you have passed the truck, make sure you can see the truck’s headlights in your rearview mirror before moving back into the lane.
It’s important to be patient when driving near commercial trucks. Trucks may be slower than cars, especially when going up hills or merging onto highways. Be patient and avoid cutting off a truck or forcing them to brake suddenly. Remember, a collision with a commercial truck can be much more serious than a collision with a car.
Finally, avoid distractions when driving near commercial trucks. Distracted driving is dangerous for any vehicle, but it can be especially dangerous when driving near trucks. Put away your phone and other distractions and focus on the road. Pay attention to your surroundings and be aware of any potential hazards.
Work with Beers & Gordon
If you have been involved in a truck accident, it’s important to seek legal advice from an experienced truck accident attorney. At Beers & Gordon, we specialize in personal injury cases, including truck accidents, and serve Central Florida and the Greater Orlando area. We work on a contingency basis, which means that you do not pay attorney fees until a settlement or award has been made. Our experienced attorneys can help investigate your case, gather evidence, and negotiate with insurance companies to help you receive the compensation you deserve.
If you have been injured in a truck accident, do not hesitate to contact us for a free consultation. Our attorneys will provide you with personalized legal advice and guide you through the legal process every step of the way.
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.