Truck Catastrophic Collisions

Truck Catastrophic Collisions

Truck collisions are often catastrophic collisions. There is a substantial difference between being hit by a truck—especially one loaded with heavy cargo—and a two- or four-door passenger vehicle. Trucks are heavier, more difficult to stop, and far more likely to contribute to severe and fatal injuries. For example, I-90 in Billings is one of the most trafficked highways for east west travel, and many truck accidents occur on this roadway.  Winter is especially dangerous due to snow and high winds.  Truck drivers must be especially diligent handling these intense weather conditions. Knowing the devastating risks associated with truck accidents, drivers and trucking companies must go above and beyond to protect others. If you or a loved one suffered injuries in a truck accident, including a fatal collision, allow a  truck accident attorney in Billings, MT to represent you. Your legal team will determine fault for the crash and seek the compensation you are entitled to.

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Why Truck Collisions Are More Likely to Be Catastrophic

Being hit by a cargo truck, cement truck, or other commercial truck is not the same as being hit by a sedan or SUV. Trucks far outweigh the typical passenger vehicle, and this is just one of several reasons why trucks are more likely to be involved in catastrophic collisions. Some of the reasons why truck accidents are so hazardous include:

Poorer Braking Capacity

The more a vehicle weighs the greater distance that vehicle requires to come to a full stop. This means that:

• Other variables being the same, truck drivers must begin braking far sooner than other drivers to avoid a crash
• Certain dangerous actions, like distracted driving, speeding, and tailgating, are even more dangerous when a truck driver commits them
• Truck drivers must maintain a further distance behind other vehicles to account for the longer brake time

If a truck driver fails to maintain a safe distance and pay attention, there is a serious risk that the driver will hit another vehicle (likely from the rear) at a high rate of speed. The weight and crushing capacity of large trucks means that such collisions can be catastrophic.

Hazardous Cargo

The transportation of hazardous materials by truck is closely regulated, as it should be. Materials that are flammable, combustible, corrosive, oversized, or dangerous for other reasons must be transported with the utmost care and caution. If a truck carrying hazardous cargo is involved in a collision, the risk of serious injury is unusually great. Fires, explosions, and contact with corrosive materials are some of the added risks of these accidents.

Weight

Trucks’ unusually great weight is the most obvious reason why so many truck collisions are catastrophic. In addition to the longer braking distance that heavy trucks require, these vehicles’ higher weight means:

• A truck may be more likely to roll, especially when taking a turn at high speeds
• Truck drivers must be physically able to maneuver such a heavy vehicle, and those who cannot do so may lose control of the truck and cause a crash
• When a truck hits another vehicle, the weight of the truck may be transferred into the vehicle it hits, causing severe property damage and injuries as a result

Livestock transportation is common in Montana. Recently, two semi-trucks crashed near Airport Road and Main Street (a high crash intersection in Billings Heights), and one of the trailers flipped on its side. One was also reported carrying cattle. Weight distribution for any cargo, including livestock must always be a consideration before moving your load. Truck drivers are well aware of how heavy their vehicle is. Not only do they learn about this during their licensing and training, but they must sometimes weigh their vehicle at weigh stations. Yet, some drivers fail to respect the immensity of their vehicles, and countless accidents result from this lack of caution.

Truck Driver Impairment (and, In Some Cases, Impairment)

A truck driver may be considered impaired if they:

• Are under the influence of drugs (prescribed or not) or alcohol
• Are fatigued
• Are suffering from vision problems or other sensory impairment
• Are in a dangerous emotional or psychological state at the time of driving
• Have become physically unfit to drive their truck safely

The Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service Regulations are in place to prevent driver fatigue. These regulations are complicated, subject to change over the years, and mandatory. Drivers who break this or other regulations are liable for any resulting collisions.

Wear and Tear on Trucks

Few vehicles travel as many miles as consistently as commercial trucks. These vehicles’ sole purpose is to transport goods from one place to another, so they quickly accumulate wear and tear. It’s the duty of truck owners and operators to:

• Understand that wear and tear is inevitable with regular use
• Conduct regular inspections and proactive maintenance
• Replace tires, brakes, and other components that are most vulnerable to wear and tear
• Respond immediately and appropriately to any potential defects

Truck defects, such as brake failures, pose an unacceptable risk of serious harm. If any such defect contributes to a collision, attorneys determine who is at fault for the defect.

Financial Incentives to Be Unsafe

The general public may not realize that speed often means money in the trucking industry. Truck drivers are often paid according to the number of miles they travel, so they have an incentive to burn through miles as quickly as possible. Financial incentives can never come before safety. That is when catastrophic accidents happen. Allow an attorney to investigate your accident and determine who is liable for the crash. Trucks are such unique vehicles that there is an entire class of crashes, called underride accidents, these are almost exclusively limited to trucks. An experienced commercial truck accident lawyer will have the technical knowledge and resources to reach reliable conclusions about your collision.

The Cost of Catastrophic Truck Collisions

The term “catastrophic” hints at the devastating cost of many truck accidents. Some of the damages that might result from a commercial truck collision are:

Physical Pain and Other Types of Pain and Suffering

Injuries suffered during truck accidents can cause a domino effect of pain and suffering, which may include:

• The immediate pain of being injured
• Chronic pain
• Post-traumatic stress disorder (PTSD)
• Anxiety
• Depression
• Disfigurement
• Lost quality of life

When a truck accident is fatal, grief is another form of pain and suffering survivors typically endure. Pain and suffering is a sensitive subject, and it’s one that attorneys handle with care. Your lawyer may even arrange treatment for any pain and suffering you’re dealing with.

Medical and Rehabilitation Expenses

Lawyers share one common piece of advice for victims of truck accidents: Get medical care right away. Your lawyer will be focused on getting compensation to cover your care. Because truck accidents are so often devastating to victims, the cost of medical care can be significant. This means that your case value may also be significant.

Lost Income

The injured need time to heal. This often means time they cannot work. Even truck accident victims with a guaranteed salary (who may be the minority) may have to pay a cost for being unable to work. The professional toll of a truck collision can include:

• Lost income
• Missed bonus, promotion, and overtime opportunities
• Diminished earning power
• The stalling of your career progress

Many people find fulfillment and identity in work. Your attorney will consider any psychological and emotional effects of being unable to do your job post-accident.

Costly Property Repairs (and Related Expenses)

A vehicle hit by a truck is more likely to be totaled. Even if a vehicle is repairable, the cost of those repairs may be a heavy financial burden on the victim. Your attorney will account for all property-related expenses from your truck collision, including the expense of temporary transportation.

Disabilities

Disabling injuries are more expensive, on average. Some of the harsh realities of being disabled can include:

• Inability to care for oneself
• Loss of physical abilities
• Changes in your ability to think, remember, and engage in other cognitive functions
• Loss of financial independence

Many disabling conditions cause or worsen an accident victim’s pain and suffering, too.

Wrongful Deaths

There’s no doubt that losing a loved one is the worst possible outcome when a truck hits another vehicle or pedestrian. This outcome is devastating in every sense of the word. Those affected by fatal truck accidents may experience:

• Severe, long-term grief
• Depression and other forms of pain and suffering
• Loss of consortium
• Financial insecurity due to losing the decedent’s income (or other forms of financial support)
• Funeral costs

Lawyers’ trademark compassion becomes all the more valuable in cases of wrongful death. Whatever harm you’ve suffered because of those who caused your truck accident, trust a lawyer to demand justice for you and anyone else affected by the crash.

Lawyers: The Resource Every Truck Accident Victim Deserves

It’s worth discussing the importance of hiring an attorney after a truck accident. A legal team may be a particularly valuable resource for truck accident victims because:

• Because truck accidents are often traumatizing, survivors may be vulnerable to insurance companies’ bad-faith strategies (including lowball settlement offers, which may be enticing but ultimately harmful)
• A trucking company may owe you money but may have a legal team ready to fight your claim
• You may need to sue a trucking company or another liable party, and suing is best done with a lawyer leading the way

Virtually every detail of truck accidents is complicated. Trucks themselves are complicated, so diagnosing an accident cause can be difficult. The details of cargo trailers and proper loading are complicated. The FMCSA regulations are complicated. So is the structure of many trucking companies. Truck accident cases can be a challenge, but it’s a challenge worth pursuing for any victim. Just let a lawyer handle this essential challenge so you can focus on your recovery. This is just as true if you have lost a loved one in a fatal truck accident.

Steps in a Typical Truck Accident Case

No flow chart or blueprint shows exactly how your case will progress. There is an element of uncertainty in each truck accident case, which is another reason to let a lawyer handle your case. There are, however, steps that occur in most cases, which include:

• Obtaining evidence of negligence, some of which may come from the trucking company
• Proving who caused the accident and who owes you compensation for your damages
• Documenting your damages
• Establishing a case value
• Negotiating a settlement

There is also a chance that you decide to sue after the crash. If so, there may also be a possibility that your case will go to trial. Allow your Billings truck accident lawyer to talk you through these possibilities. Legal action may not be necessary, but hiring a lawyer will prepare you for any path that lies ahead, including a lawsuit.

Why It’s Important to Hire Your Billings, MT Truck Accident Attorney as Soon as You Can

Getting medical attention is the most important step to take after your accident. If your health is at imminent risk, everything else pales in comparison—get yourself checked out first. That said, hiring a local Billings, MT personal injury law firm is also a time-sensitive priority. Your legal team will need to piece together evidence, which means they need to secure that evidence right away. Find a qualified Billings injury lawyer as soon as you possibly can, hire them, and let them fight for you.