Fayetteville Truck & 18 Wheeler Accident Lawyers

According to the Federal Motor Carrier Safety Administration (FMCSA), 120,000 large truck crashes in the United States caused injuries, and more than 5,000 truck accidents were fatal in the most recent year for which statistics are available. These dangerous incidents can cause catastrophic injuries, substantial property damage, and altered lives for truck accident victims and their families.

If you were injured or lost a loved one in an accident of this nature, the Fayetteville truck & 18-wheeler accident lawyers at Horton Personal Injury Lawyers can help you navigate the legal process. We guide you compassionately every step of the way while offering aggressive legal representation aimed at recovering maximum compensation. Contact us today for a free consultation.

 

Why You Need a Dedicated Truck Accident Lawyer

Not every Fayetteville personal injury law firm is equally equipped to handle complex truck accident cases. Our founding attorney, Bill Horton, is rated as Premium on Lawyer.com and is a Super Lawyer. He is also a member of the Trial Lawyers College, Multi-Million Dollar Advocates Forum, and Million Dollar Advocates Forum. He is also listed as a Top 100 Trial Lawyer by The National Trial Lawyers. Most indicative of our abilities is the fact that our personal injury law firm has secured several $1 million+ recoveries in truck accident cases, including $16 million in one case.

These accolades and unparalleled level of experience are useful when navigating the complexities of truck accident cases, which often include:

 

Liability of Multiple Parties

In a typical car accident case, one driver is found primarily at fault for the accident. However, in truck accident cases, multiple parties can potentially be held liable for the accident, including the truck driver, trucking company, cargo loading company, or truck owner. Sorting out liability and dealing with multiple insurance companies regarding one claim can be difficult if you are not experienced with this unique matter.

 

Severe Injuries

18-wheelers are 70-80 feet in length, 13.5 feet in height, 8.5 feet in width, and weigh up to 80,000 pounds when fully loaded. When a vehicle of this size slams into an average 4,000-pound vehicle, the occupants in the smaller vehicle often suffer serious injuries, such as:

 

  • Traumatic brain injuries
  • Spinal cord injuries, including paralysis
  • Amputations
  • Crush injuries and internal organ damage
  • Broken bones
  • Soft tissue injuries, including whiplash
  • Severe burns

 

While commercial trucking operations must maintain much higher levels of insurance, when larger claims involving life-altering injuries are present, insurance companies will fight tooth and nail to limit their liability. You need an experienced attorney who can present a compelling case of liability and calculate the full extent of your damages.

 

Complex State and Federal Regulations

Commercial trucking operations must comply with federal regulations when they transport goods across state lines. This includes:

  • Following hours-of-service rules, which are designed to reduce fatigued driving accidents
  • Maintaining trucks and records of this maintenance
  • Abiding by load securement standards, including specified types and numbers of tie-downs
  • Completing pre-hire, random, and post-accident drug and alcohol testing
  • Hiring truck drivers who have the appropriate commercial driver’s license and endorsement for the loads they will be carrying

 

Commercial truck drivers and companies must also follow state regulations, such as weight and size restrictions, hazardous material rules (when applicable), and roadway safety regulations.

At Horton Personal Injury Lawyers, our legal team has extensive experience handling personal injury cases involving the matters above.

 

Common Causes of Commercial Truck Accidents

To determine who is responsible for your crash, it’s crucial to understand how large truck accidents often occur. Some of the most common causes of truck accidents include the following:

 

Driver Error

As explained above, commercial trucks are much larger and sit higher than passenger vehicles. They have wide-turning radii and much longer stopping distances. Truck drivers can make handling mistakes. Sometimes these mistakes are due to inexperience or lack of training.

 

Driving Under the Influence of Drugs or Alcohol

Sometimes, commercial truck drivers turn to drugs or alcohol to cope with the stresses of the job. Drugs, alcohol, prescription medications, and sometimes even over-the-counter medications can negatively affect drivers.

The National Highway Traffic Safety Administration notes the following effects of alcohol on driving ability:

 

  • Slowed reaction time: Alcohol acts as a sedative. It delays the brain’s ability to process information and respond to emergency situations.
  • Reduced coordination: Alcohol also reduces coordination and impairs motor skills. This makes it more difficult for a driver to steer, brake, or accelerate properly.
  • Distorted vision: Alcohol can impair focus, disrupt depth perception, cause blurred or double vision, and reduce peripheral vision. This can make it difficult for drivers to recognize hazards.
  • Difficulty maintaining lane control: The impaired coordination caused by alcohol can make it difficult for a driver to stay within the same lane. Drunk drivers can drift into other lanes, causing serious sideswipe collisions.
  • Impaired judgment: Alcohol can reduce inhibitions, making impaired drivers more likely to take risks or make bad decisions.

 

Because of the risks outlined above and the disastrous consequences that can occur when a truck driver causes a crash, the federal government holds commercial truck drivers to stricter alcohol limits. It’s illegal for a commercial truck driver to have a blood alcohol concentration of 0.04 percent or higher when operating any vehicle, which is half of the amount allowed for regular drivers.

 

These effects can make it more likely that serious accidents will occur.

 

Fatigued Driving

Drivers of large trucks often work long shifts. When drivers are fatigued, they suffer from many of the same effects as alcohol impairment. The federal government recognizes this significant risk and has established rules that set daily and weekly limits for truck drivers, as well as require mandatory breaks.

However, many truck drivers and trucking companies willingly violate these rules. They sometimes falsify logbooks or tamper with electronic logging devices to conceal these violations. An experienced attorney can conduct a careful investigation to unveil such violations.

 

Speeding

Truck drivers are under strict deadlines to meet deliveries. They may even be financially incentivized to make faster deliveries, which can lead to unsafe driving practices, such as:

 

  • Speeding
  • Forcing other drivers out of their way
  • Tailgating
  • Making unsafe lane changes

 

Distracted Driving

Distracted driving is any activity that takes a driver’s mind off the task of driving, wheels off the steering wheel, or eyes off the roadway. Truck drivers can engage in various types of distracted activities, including:

 

  • Talking on a cell phone
  • Communicating with dispatchers
  • Programming GPS units
  • Eating or drinking
  • Grooming
  • Daydreaming

 

Distracted driving is dangerous for anyone, but it is even more so for those operating a large vehicle weighing tons of pounds.

 

Improper Loading

18-wheelers can carry lots of cargo at one time. However, if this cargo is not properly loaded, it can shift during transit, leading to dangerous jackknife and rollover accidents when drivers lose control of their vehicles. Cargo can also fall off the truck into the unsuspecting path of other motorists.

 

Inadequate Truck Maintenance

Commercial trucks have thousands of moving parts. If these components fail or are not properly maintained, they can cause the driver to lose control and crashes to occur. Common mechanical issues that contribute to truck accidents include:

 

  • Worn brakes
  • Misalignments
  • Tire blowouts
  • Steering system failures
  • Faulty suspensions
  • Broken lights
  • Problems with couplings or other hitch problems

 

Defective Truck Parts

Sometimes, a part in the large truck is defective and compromises the vehicle’s safety.

 

Who Is Responsible for the Damages Caused by Large Truck Crashes?

Various parties can potentially be at fault for a truck accident, such as:

 

Truck Drivers

The first party you may turn to for liability is the truck driver. Truck drivers may have sped, driven distracted, or been under the influence of drugs or alcohol when they caused an accident. They can be financially liable for the harm that they cause.

 

Trucking Companies

Trucking companies are legally responsible for the negligence of their actions. These large companies once tried to avoid liability by classifying drivers as independent contractors, but current federal regulations hold companies responsible for their drivers’ negligence, regardless of how their employment status is internally classified.

Additionally, trucking companies can contribute to crashes by:

 

  • Applying pressure to workers to speed or violate hours-of-service regulations
  • Using unsafe hiring practices
  • Failing to maintain their fleet of trucks
  • Keeping unsafe drivers behind the wheel
  • Failing to conduct mandatory drug and alcohol testing

 

Truck Owners

Sometimes, truck owners lease their vehicles to independent drivers or trucking companies. They could be responsible for injuries caused by improper maintenance of their trucks or trailers.

 

Maintenance Companies

Truck companies sometimes outsource repairs and maintenance to independent mechanics. Mechanic shops, maintenance companies, and others could be responsible for injuries caused by poor maintenance.

 

Cargo Loading Companies

Cargo loading companies can be liable for accidents in which improper loading contributed to a crash.

 

Truck or Parts Manufacturers

When defective trucks or parts contribute to a crash, their manufacturers can be held responsible.

 

Financial Compensation You Can Recover After a Large Truck Accident

Large truck crashes can leave devastation in their wake, causing life-altering injuries that affect the victim’s mobility and ability to work. They can lead to chronic pain and emotional distress that far outlast the physical injuries.

 

Injury victims have the right to seek full and fair compensation for all of their accident-related damages, such as:

 

  • Payment for medical bills you incurred for emergency medical treatment, including ambulance rides, hospital stays, and surgeries
  • Ongoing medical costs for physical therapy and rehabilitation
  • Future medical expenses for anticipated needs
  • Lost wages and benefits for the time you missed from work while seeking medical attention or recovering from your injuries
  • Loss of earning capacity if your injuries affect your ability to work or your line of work
  • Property damage to repair or replace
  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Reduced quality of life

 

Our experienced legal team can identify all the damages that we can include in your truck accident claim and fight tirelessly to recover them.

 

Evidence to Prove Liability in a Truck Accident Case

One of the most crucial roles of a truck driver is gathering evidence to help build a strong personal injury claim on your behalf. Evidence in your truck accident claim might include the following:

 

  • Accident reports that law enforcement officers completed that detail traffic violations or initial impressions of fault
  • Electronic logging device data, which may indicate the truck driver was violating hours-of-service rules or speeding
  • Black box data, which is similar to the black boxes kept in commercial airplanes, can detail critical information at the time of the crash
  • Onboard video camera footage, which could reveal that the truck driver was tired, distracted, or under the influence
  • Maintenance records, which could show skipping routine maintenance
  • Driver qualification files, which could show whether the trucking company conducted necessary background and safety checks
  • Inspection logs, which could show missed routine inspections
  • Repair invoices, which could indicate that the trucking company was aware of a dangerous condition on the truck and still left it in service
  • Toxicology test results, which could show that the driver was under the influence of drugs or alcohol at the time of the crash

 

Our legal team is experienced in identifying, gathering, and preserving critical evidence, such as the forms identified above. However, it’s crucial for injury victims to reach out quickly to an experienced lawyer as soon as possible after a traffic accident so we can begin preserving this evidence before it is lost or destroyed.

 

Contact Horton Personal Injury Lawyers for a Free Case Review

If you were injured in a truck accident that wasn’t your fault, you may have the right to recover significant compensation. Horton Personal Injury Lawyers can protect your legal interests while you focus on your medical recovery. Contact us today to get started with a free case evaluation.