Our Salt Lake City, UT truck accident lawyer understands truck accidents are scary. The aftermath can be frustrating and complicated. Choosing the right personal injury lawyer to represent you and protect your rights can be the difference between securing the compensation you need to recover and having to pay for your losses yourself. Don’t wait to schedule a free consultation to discover what your options are for pursuing legal action against a negligent driver. You need a strong advocate to protect your interests and we are here to help you.
Rasmussen & Miner is dedicated to helping auto accident victims recover from their long-term injuries. Truck crashes usually result in severe trauma. Unfortunately, insurance companies may only provide you with compensation to help with the damages to your vehicle. That is the least of your worries. We will work with you to make sure your medical needs are accounted for during any settlement negotiations or trials. You did not cause your injuries and you should not be responsible for paying for them. Our goal is to help you recover the maximum amount you can for your losses.
Our truck accident attorney understands the importance of an investigation after a collision. Not only do we investigate the accident site, but we will also investigate the driver, the company they work for, and the insurance company. The insurance company will conduct its own investigation and its goal is to limit its liability. We do the opposite.
We take negotiations seriously. Most insurance companies will offer you a low ball amount. Do not take it. The initial offer from an insurance company rarely covers more compensation than the damage to your vehicle. While that may be substantial, the insurance company is banking on the fact that you haven’t considered your medical costs and lost wages. Our personal injury law firm does.
If an insurance company continues to be unreasonable in its negotiations, we will take your case to trial. Our attorneys have a great deal of experience at trial and insurance companies know this and won’t want to battle us. But if we end up in court, it’s because we know you deserve better and we’ll fight to get you every penny you are owed.
Common Truck Accident Injuries
Truck crashes can result in a number of different injuries. Some of them are minor while others are life-changing. Here are some of the common injuries that may be caused by large motor vehicle accidents:
Broken Bones: With the amount of force involved in a truck accident, broken bones are common. They may take a long time to heal and could prevent you from working your job.
Spinal Cord Injuries: Although spinal cord injuries are very serious, they are not always noticeable at first. It’s important to seek medical care after your truck crash to see if your spinal cord has been damaged.
Abdominal Injuries: Abdominal trauma is one of the most severe auto accident injuries and can be fatal. Major organs, such as the bladder, kidneys, and liver could be damaged in abdominal injuries.
Cuts and Lacerations: No matter where they are on your body, cuts, and lacerations from a truck accident may cause severe pain. They may also require extensive treatment and could leave scars.
Head Injuries: Head injuries are also possible in vehicle collisions. Even mild concussions could have severe side effects, such as memory loss and impaired vision.
Be sure to bring your medical records when you meet with our truck accident attorney. Our legal team may use these records in court to prove the severity of your injuries.
The Differences Between a Truck and Car Accident
Although the common conception is that all accidents are similar, the reality is that commercial vehicle accidents are often much more serious than car accidents. What makes a truck accident generally so much more destructive than a car wreck? Why are truck accidents so legally complicated? If I am involved in a truck accident, can I represent myself or should I seek the counsel of an experienced lawyer? All of these questions are both common and understandable. Grasping the answers can help you make informed decisions about your situation and what to do in the wake of a truck accident.
Size Matters
Statistically, commercial vehicle drivers are not responsible for as many accidents as passenger vehicle drivers are. However, due to the size of the vehicles involved in truck accidents, both the damages and injuries resulting from truck accidents are often quite significant. People who are injured in a crash can be catastrophically injured or killed as a result of such collisions. Commercial drivers are required to have insurance with higher liability limits partially for this reason.
The uniquely destructive nature of truck accidents is just one reason why victims may benefit from filing a legal claim with the assistance of our experienced truck accident lawyer.
Different Causes Implicate Different Liability
Car accidents are often the result of human error. It could be a distraction, texting while driving, or maybe looking back at the kids. Driving under the influence is another common reason drivers get into accidents in a car. Car crashes are often pretty straightforward.
Truck accidents are a little different. Human error can certainly play a role in a truck collision, but equipment failure may also have a place. When equipment fails, it can change liability. The trucking company that employs a driver involved in an accident may have acted negligently, placing some of the blame on the company. If another company owns the truck, that company may be liable. Determining negligence after a truck accident isn’t always as easy as who was driving or who owns the vehicle. There are many state and federal laws that govern commercial drivers and the loads that are carried.
If a crash occurs, these laws could make the trucking company liable for your injuries. Drivers need to be trained to carry certain loads. They are subject to time restrictions that dictate when they can drive and when they need to be resting. Once our experienced truck accident attorney reviews the details of your personal injury case, you will be better able to understand who/what you may be able to hold accountable for the harm you have suffered.
Investigating a Truck Accident Is Difficult
Trucking accidents are generally much more complicated to investigate and evaluate than car accidents are. There may be multiple layers of negligence. You may have to deal with more than one insurance company. Your state may have special rules and documents that have to be filed to protect your right to receive compensation. You may need to see specialists to demonstrate the extent of your injuries. Our commercial vehicle accident lawyer can help you negotiate with insurance adjusters and manage your case effectively to find the best solution.
Common Causes of Truck Accidents
Trucking accidents can occur for a number of different reasons. While some wrecks are due to mechanical failures, others are the result of human errors or driver negligence. Here are some of the common causes of trucking accidents:
Truck Driver Fatigue
If you were in an accident with a commercial truck, fatigue may have been a contributing factor in the collision. Unfortunately, the trucking industry is too focused on getting products to and from as fast as they can, and may pressure their truckers to work extended hours without proper breaks or rest. Even though there are regulations that are supposed to protect truckers from being taken advantage of, there are still ways that these rules can be violated without anyone knowing.
Truck driver fatigue is a serious issue that impacts innocent drivers around them. Truckers often end up operating this hefty vehicle while tired because of their own negligence or company mismanagement. To make this point further, consider this one study: almost one in every five professional drivers had admitted to being in an accident because of sleepiness. Signs that a trucker on the road may be sluggish behind the wheel include swerving slowly within and across lanes, verging off the road and suddenly being pulled back, glazed eyes, rubbing eyes, slow blinking as if nodding off, and running stop signs or red lights.
Long Hours
Laws do stipulate that commercial drivers have to take rest periods after driving for a certain period of time. However, these trucking regulations don’t go far enough to actually put an end to truck driver fatigue. Truckers may work for as long as fourteen hours in a day, and that includes driving, loading/unloading, and performing truck maintenance.
Pressure from Employer
Commercial truck carriers that hire drivers may put pressure on them to work long hours and may go as far as punishing those who are late. In fact, some drivers may risk getting fined hundreds of dollars if they make a late delivery. Drivers are typically paid based on the mile and not the hour, so this may encourage them to operate the vehicle for extended periods of time.
Falsified Records
Truck drivers have a logbook that keeps track of when they are on the road and when they are resting. But in some instances, a driver may falsify these times in order to make up hours that were lost due to traffic or other unanticipated delays. Our lawyer can request a copy of the driver’s logbook and assess whether they could have lied about their work and rest schedule.
Drug and Alcohol Use
Truckers may use and abuse substances when on the road, such as methamphetamines, cocaine, and other stimulants to stay awake. Some may rely on marijuana or alcohol to reduce the stress from pressure and working conditions.
Improper Maintenance
Similar to cars, trucks need to be properly maintained. Otherwise, they may not work correctly. Trucks need to have their tires rotated, their belts changed, and the oil replaced from time to time. If the truck has not been properly maintained, the chances of being involved in an accident go up significantly. The brakes might not work as well as they should, the tires might not grip the road as well, and the engine might not respond properly. Additionally, manufacturers could be held liable if a part was faulty or defective.
Lack of Proper Training
Driving a truck is completely different from driving a car. Anyone who gets behind the wheel of a truck has to be properly trained. Commercial truck drivers need to go through rigorous courses and pass challenging exams before they are allowed to drive a big rig. Let our truck accident attorney investigate the causes of the accident and make sure the company has trained its drivers properly.
Salt Lake City Truck Accident Infographic
Salt Lake City Truck Accident FAQs
When someone is seriously injured in an accident caused by a truck driver, they often have questions about their rights. If you are a truck accident victim, or know someone who is, call our firm to discuss your concerns and obtain knowledgeable answers to your questions.
What vehicles are classified as commercial trucks?
A vehicle used to conduct business or transport cargo is a commercial truck. They include 18-wheeler trucks, tankers, delivery vehicles, and refrigerated trucks. They may have a short, local route or they may travel back and forth across the country.
Are truck operators eligible for workers’ compensation benefits?
If you were injured in a truck accident while performing functions for your job, you may be eligible to receive workers’ compensation benefits as a result of your accident. This is generally not the case if you are classified as an independent contractor. (Unsure of whether you’re classified as an independent contractor? Look at your latest paystub. Did your employer withhold taxes from your income? If no taxes were withheld, you’re currently classified as an independent contractor.) With that said, some independent contractors are either intentionally or unintentionally misclassified by the companies they do work for. Therefore, don’t assume that you’re not entitled to workers’ compensation benefits because you’re an independent contractor until you’ve discussed your situation with our experienced Salt Lake City, UT truck accident lawyer at our firm, as an exception may apply to your classification status.
Determining whether you were performing job-related functions at the time of your accident can be challenging if you’re a long-haul trucker. Say that you weren’t “on the clock” when your crash occurred, as you had diverted from your route to get something to eat and rest. At first glance, it seems that you wouldn’t be eligible for workers’ compensation benefits in this scenario because you weren’t strictly running your route. However, you were seeking rest (which is mandated for long-haul truckers per federal law) and nourishment using your rig, as that was the only vehicle that you had access to at that point. This is a tricky situation and should be evaluated by our experienced Utah legal team at Rasmussen & Miner before you dismiss the possibility that you may be eligible for workers’ compensation benefits at this time.
When is it a good idea to file a personal injury lawsuit?
If you’re a trucker and a third party (a municipality responsible for maintaining safe roads, a trucking part manufacturer, another driver, etc.) may have contributed to your collision, it may be beneficial to speak with our personal injury attorney at our firm about filing a personal injury suit in addition to a workers’ compensation claim. Similarly, if you are a trucker operating as an independent contractor and a third party may be partially or totally at-fault for your accident (including the company you do work for), it’s a good idea to explore the potential benefits of filing a personal injury lawsuit. Finally, if you are a motorist, motorcycle rider, or anyone else who was hit by a large truck, you should absolutely connect with our firm to explore your legal options.
Essentially, the law provides a way to seek compensation from those who have harmed you, provided that they owed you a so-called “legal duty of care,” breached that duty, and your injuries directly resulted from that breach. This is a complicated legal way of saying that if someone else acted negligently, recklessly, or dangerously in an intentional manner and you were hurt as a result, chances are good that you have cause for civil legal action.
What are common causes of trucks colliding into cars and other vehicles?
Brake malfunctions or the driver does not allow enough time to slow or stop their truck safely.
Visibility issues that cause the driver to not see another vehicle.
Driver distraction.
Driver error, often caused by inadequate training.
Can I receive money for the time I’ve had to take off from work due to my injury?
In most cases, yes. Our firm can review your case and tell you if you’re eligible for lost wages not only for time already lost, but for time you may lose in the future.
The truck carried hazardous materials and my doctor said they may be the cause of my respiratory problems. What are my legal options?
Our qualified truck accident attorney may have to review your case to offer a definitive answer. However, generally speaking if our lawyer can prove that the driver and/or the materials manufacturer or distributor was negligent, you may be able to file suit against the responsible parties.
Can I file a lawsuit against the trucking company because I was injured?
If the driver was an employee of the company at the time of the wreck, then possibly. If our skilled lawyer can establish that the company was in some way responsible for the driver’s negligence then they may be held liable. Every case is different but must meet certain legal standards.
Rasmussen & Miner, Salt Lake City Truck Accident Attorney
1334 2nd Ave, Salt Lake City, UT 84103
Contact Our Salt Lake City Truck Accident Lawyer Today
Attorney Robert C. Miner graduated from law school in 1981 and has specialized in helping injury victims every since. With decades of trial experience, our seasoned personal injury lawyer is an invaluable resource for anyone seeking financial justice against a negligent party. From investigating the truck driver who hit you to assessing the full scope of your losses, our legal team is prepared to fight for you and your best interests. Don’t wait to talk to our lawyer about filing a personal injury claim. You deserve justice for everything you have been through. Contact our Utah truck accident lawyer from Salt Lake City at Rasmussen and Miner by calling (801) 363-8500.
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