Semi-Truck Accidents

Truck and Commercial Vehicle Accidents Can Have Catastrophic Consequences

Were you or a loved one involved in an accident? The recovery process can be daunting, but we’re here to support you every step of the way.

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Truck accidents are unpredictable and happen more often than people realize. In 2019, large trucks accounted for 10% of all vehicles involved in fatal crashes.

According to the Utah Department of Public Safety, there were 2,244 commercial vehicle crashes in 2021 alone, resulting in 30 fatalities and 484 injuries.

If you are the victim of a truck accident, you need to be able to depend on accurate and reliable information. And, navigating the claims process is a very stressful experience, so let us guide you through it.

At the Scene of the Accident

You’ll want to make sure that your photos or notes document the following:

The other driver’s car, including the year, make, model, color, and license plate number
The exact location of the accident; take note of cross streets and nearby landmarks
Names and phone numbers of all witnesses involved
When the police arrived, along with each officer’s name and badge number
The names and ages of all drivers involved
The exact date and time of the accident
How fast each driver was going
What the weather conditions were like
Road conditions

After the Accident

Create a Chain of Evidence for Your Injuries

The truck accident claims process involves your injuries, too. If you are injured, having documentation of your injury at the accident scene will help prevent the other driver’s insurance company from claiming that your injuries are unrelated to the accident.

If you are injured but not enough to go to the hospital, go to your primary care provider or local urgent care. This will create a chain of evidence linking your injuries to the accident.

Handling Insurance

Whose insurance company you call depends on where you live and who was at fault in the accident. In Utah, accidents are “no-fault,” meaning that you report the accident to your insurance company regardless of who hits who. They will pay for a portion of your car repairs and medical bills. Your policy determines the amount they pay.

Utah also has a “comparative negligence” law that works in tandem with its no-fault status. This means that both drivers can be at fault to different extents. If you are less than 50% responsible for an accident in Utah, you can collect compensation for the accident.

If you live in an “at-fault” state, the driver who caused the accident is responsible. Sometimes, blame is 100% one driver’s fault, but it can be 50/50 or unequal. For example, it could be 60/40 or 80/20.

In an at-fault state, this means that both parties are partially responsible. The more fault you have, the more your insurance company will pay the other driver. If you’re 80% responsible for the crash, then your insurance company will pay for 80% of the other driver’s costs. But, in an at-fault state, you can collect 20% of damages from the other party if you’re only 80% responsible.

Being partially or wholly responsible for an accident in an at-fault state is not good since it will cause the cost of your insurance to go up.

5 Most Common Myths ABout Truck Accidents

There are many myths out there that can be detrimental to your case.

Myth #1 - The Truck Driver Is Always Responsible

Many people assume that the truck driver is responsible for an accident. While this is true in some cases, it’s not a blanket statement for every scenario. Several factors can cause an accident between a truck and a car, including distracted driving, intoxication, speeding, drowsy driving, vehicle malfunctions, inexperience, inclement weather, and much more. Anyone can be responsible for these accidents.

Myth #2 - Truck Drivers Suffer More Serious Injuries Than Other Victims

It is often assumed that truck drivers are at risk of severe injuries in a crash, but they are actually better protected than passenger vehicle occupants. Commercial trucks are more robust, sturdy, heavier, and higher up than regular vehicles. Because of this, many truck drivers can walk away from a crash without significant injuries.

Myth #3 - Truck Drivers Are Too Experienced to Cause Accidents

Many people think truck drivers are superior because of their commercial driver’s licenses, but this does not make them immune to errors. Truckers can easily make mistakes in the rush to get goods delivered on time. Truck drivers are not always highly experienced and can accidentally cause a wreck.

Myth #4 - Trucking Companies Are Not Liable

In many truck accidents, trucking company negligence is the cause of preventable tragedies. Don’t let the company convince you that they cannot be held liable for their driver’s actions. Here are a few reasons why a trucking company might be responsible for an accident:

Not properly training a driver before allowing them to operate a truck
Forcing the driver to work unrealistic hours
Placing more weight on the truck than allowed
Not properly securing loads

Myth #5 - Insurance Companies Will Fairly Compensate You

It’s a common misconception that insurance companies will fairly compensate you in the event of a crash; sadly, this isn’t always the case. Often, their offer is well below what you truly deserve. An attorney will help guide you in this process handle all negotiations on your behalf.

Top 10 Most Common Causes of Large Truck Accidents

According to “The Large Truck Causation Study,” published by the Federal Motor Carrier Safety Administration, the ten most common causes of large truck accidents are:

26%

Drug use

23%

Speeding

22%

Unfamiliar with Route

18%

Over-the-counter Medications

14%

Failure to Check Blind Spots

13%

Driver Fatigue

9%

Failure to observe safety measures like signaling turns

8%

Driver distractions

7%

Improper estimates of evasive action

7%

Road Rage

Observant audiences will notice that the above percentages add up to more than 100. This is because more than one cause can contribute to a single accident. For instance, drug use and speeding commonly go hand in hand.

5 Major Differences Between Semi-Truck Accidents and Car Accidents That You Should Know About

Difference #1: Severity of Injuries

One of the significant differences between semi-truck accidents and car accidents is the severity of injuries. Due to a semi-truck’s size and weight, accidents involving them often result in more severe injuries or fatalities than car accidents.

A semi-truck can weigh up to 80,000 pounds, while the average passenger car weighs around 2 tons — or 4,000 pounds. This means that in a collision, the impact is much greater for the smaller vehicle and its occupants. Additionally, semi-trucks have a much larger blind spot than cars, making it more difficult for truck drivers to see other vehicles, increasing the risk of accidents.

Injuries that are commonly sustained in semi-truck accidents include:

Broken bones
Head injuries
Spinal cord injuries
Internal injuries

These types of injuries can have long-term effects on the victim’s health and — in some cases — may even result in permanent disability or death.

The size and weight of semi-trucks can also cause significant damage to other vehicles and property, which can add to the overall cost of the accident.

Difference #2: Insurance and Liability

Another key difference between semi-truck accidents and car accidents is the complexities that can arise in insurance and liability issues. Semi-trucks are commercial vehicles and are typically owned and operated by companies or individuals who are in the business of transporting goods. As a result, the insurance and liability issues can be more complex than in a car accident.

In a semi-truck accident, multiple parties may be held liable, including the truck driver, the trucking company, and even the company that owns the cargo being transported. Determining who is at fault for the accident can be a complex process, as it may involve investigating the actions of multiple individuals and entities.

The trucking company’s liability may be affected by federal regulations, such as hours of service rules and maintenance requirements, which can add to the case’s complexity.

Due to the potential for large payouts in semi-truck accident cases, insurance companies may be more likely to contest liability and fight against large settlements. This can make the process of obtaining compensation for injuries and damages more difficult for victims and their families.

Difference #3: Causes of Accidents

Semi-truck accidents, historically, have been caused by a variety of factors, such as the following:

Driver fatigue: Long hours on the road and tight delivery schedules can lead to truck drivers becoming fatigued, increasing the risk of accidents.
Improper loading of the truck: An improperly loaded truck can cause instability and make it more difficult for the driver to control the vehicle; this can increase the risk of rollover and jackknife accidents.
Mechanical failures: Semi-trucks are subject to a lot of wear and tear and require regular maintenance. Failure to properly maintain the vehicle can lead to mechanical failures, such as brake failures, which can increase the risk of accidents.
Weather conditions: Semi-trucks are more affected by bad weather than passenger cars, and drivers may have difficulty navigating roads in poor weather conditions.
Driver error: Truck drivers are subject to strict regulations, such as hours of service rules, and can be held liable for accidents resulting from their actions.

Car accidents are most often caused by factors such as driver distraction or impairment. Recently, the numbers of causation by these factors have begun to climb in truck accidents as well.

Difference #4: Investigation

Another way semi-truck accidents and car accidents differ is the investigation process. Semi-truck accidents often require a more extensive investigation than car accidents, as multiple parties may be involved, and federal regulations may apply.

When semi-truck accidents occur, investigations typically involve interviewing the truck driver, examining the truck and its maintenance records, and reviewing any electronic data recorders or cameras that may have captured the accident. The cargo being transported and its condition before the accident will also be a point of examination.

Federal regulations, such as hours of service rules and maintenance requirements, also come into play during the investigation process. These regulations are in place to ensure the safety of the truck and its driver, and failure to comply with these regulations can lead to liability for the trucking company and the driver.

The investigation process can take several months, and the results can be used to determine liability and help inform the legal process. The National Transportation Safety Board (NTSB) also investigates significant accidents — like those involving fatalities — in which federal regulations were violated or any other accidents that can be used as a case study to improve transportation safety.

Difference #5: Legal Representation

Laws and regulations surrounding commercial vehicles can be complex, requiring specialized legal representation for those involved in such accidents.

An attorney with experience in semi-truck accident cases will advise clients on the potential value of their case and can negotiate with insurance companies and other parties involved in the case to ensure that the client receives fair compensation for their injuries and damages.

Our Firm's Unique Approach to Truck Accident Cases

We Are Unafraid of Going to Trial

While many lawyers are comfortable settling out of court, our personal injury lawyers are always prepared to go to trial if it means getting our clients the compensation they deserve.

We Hire Private Investigators

We've got a team of private investigators ready to roll up their sleeves and dig into the details to back up our clients’ cases. This is crucial when dealing with semi-truck accidents. Getting all the facts can determine who is at fault.

We Request Phone Records

We issue subpoenas to the phone company of the responsible driver. These records serve as crucial evidence, revealing whether the driver was texting or talking on the phone at the time of the incident.

We Request Video Footage

Surveillance cameras can collect critical evidence that can make a case, illuminating events leading up to the tragedy. Our legal team takes the initiative in gathering and conserving this critical evidence.

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Find the Support You Need

When it comes to litigating claims involving truck accidents, the personal injury attorneys of Flickinger • Boulton • Robson • Weeks work tirelessly to ensure that justice is achieved.

Contact Utah’s leading legal team today to arrange for an evaluation of your auto accident case. We would be pleased to advise you of your legal rights and options.

Call our office at (801) 500-4000 to schedule a consultation or discuss your case.

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