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Truck Accident Attorney

Having an experienced attorney on your side for a truck accident case is invaluable. Not only can the attorney guide you on legal matters related to the case, but they can also alleviate the burden of handling the case, allowing you to focus on your recovery.

At Armada Law, LLC, we provide comprehensive legal services for truck accident claims and lawsuits. If someone else’s fault has injured you, you have the right to seek compensation from them for your suffering, and we can help you navigate the legal process.

White semi-trailer truck tipped over in a ditch

Table of Contents

Our Truck Accident Lawyers Can Help You Through Each Step of Your Truck Accident Case

At Armada Law, LLC, our truck accident lawyers can help navigate through the complexities of a truck accident claim or lawsuit. With our expert guidance and representation through each step of the way, you can recover total and fair compensation for your suffering.

Before you initiate any legal action, we recommend that you get medical attention for your injuries. Even if you feel your injuries are minor, you should seek medical care. Not only can this help with injuries that may develop later or get worse over time, but it also establishes a medical record for the truck accident. This record serves as vital evidence for your truck accident case.

If you get serious injuries, you may be rushed to an emergency center. However, if you are in stable condition at the truck accident site, you can start gathering readily available evidence. This includes eyewitnesses’ contact information, photos of the accident site, truck driver’s details, and any other evidence that could be relevant to your case.

If you have an insurance company that covers this event, such as your auto insurance provider, you need to notify them about the accident. However, be careful in what you share with them. Avoid admitting fault or sharing any information that could jeopardize your case. Remember that the insurance company may offer coverage for the event, but they will likely try to minimize their payout.

There are a lot of pitfalls you would want to avoid in the aftermath of a truck accident. Ideally, you want to involve a truck accident attorney early in the process so they can help you avoid making mistakes that could weaken your case. The attorney will also guide you on your rights and responsibilities and provide expert legal advice on your legal options.

Our attorneys can assess your case during the initial consultation by carefully evaluating the circumstances of the accident, the severity of your injuries, the potential liability of parties involved in the accident, and other relevant details.

In the next step, our legal team will investigate the accident to gather evidence that supports our claim. As a top truck accident law firm, we have access to various resources that can help us gather evidence for our clients. This includes subject matter experts who can provide their expert testimony to support our case.

If you were harmed in a truck accident that was someone else’s fault, you have the right to seek compensation from them. Your attorney can assist you in filing a claim against the liable parties to initiate the legal process.

Once a formal claim has been filed, the insurance company can accept or deny the claim. They can also negotiate with you to settle. Your attorney can manage the communication with the insurance company, ensuring you get a fair deal from it. Insurance companies can deploy different tactics to reduce their payout. For example, they can pressure truck accident victims into accepting a lowball offer by downplaying the severity of injuries or arguing that the victim’s injuries were pre-existing and were not caused by the truck accident.

With an experienced attorney managing the communication with the insurance company, you won’t have to worry about such tactics. Our attorneys at Armada Law, LLC, are well-versed in recognizing and countering these strategies, ensuring that your rights are protected.

Common Truck Crash Injuries Our Truck Accident Lawyers Have Experience With

Truck accidents can result in all types of injuries, some of which can have a life-altering impact. Each type of injury may require specific legal strategies to ensure victims receive the compensation and care they deserve. Our attorneys have experience handling cases involving all kinds of truck crash injuries. The most common truck accident injuries include:

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) are one of the most devastating types of injuries in truck crashes. TBIs include concussion, diffuse axonal injury, contusion, and hematoma. These types of injuries can lead to a wide range of issues, such as cognitive impairment, memory loss, and difficulties with motor skills.

Spinal Cord Injuries

Any damage to the spinal cord is a severe injury. Spinal cord injuries can often lead to lifelong care, which can disrupt the lives of the victim and their families. The impact of a truck accident can exert extreme forces on the body, particularly on the spine, causing herniated discs, fractures, or other types of serious back injuries.

Burn Injuries

Burn injuries are common in truck accidents. They often occur due to electrical fires, fuel tank ruptures, or spilling hazardous materials. Burn injuries can lead to disfigurement, scarring, chronic pain, permanent scarring, and other issues. If burn injuries are not treated with care, they can also lead to infections that may require additional medical treatment.

Broken Bones

Truck accidents often result in forceful impact and violent movement of the body. This excessive force can cause fractures and broken bones. While seatbelts and airbags can help prevent fatalities and reduce the chances of suffering severe injuries, they can cause injuries themselves.

Internal Injuries

Internal injuries refer to injuries that can potentially damage organs such as the liver, lungs, spleen, and kidneys. Such injuries are dangerous as their severity may not always be immediately visible. In more severe cases, emergency surgery may be required to address the issue.

Our Truck Accident Attorneys Are Familiar With These Types of Truck Accidents

A truck accident can occur in various ways and may be caused by numerous factors. The type of truck accident can influence the case. For example, a rear-end collision is typically considered the fault of the driver at the rear. In contrast, a jackknife truck collision has a higher likelihood of being caused by mechanical failure or poor weather conditions. Here is an overview of some of the most common types of truck accidents that we see at Armada Law, LLC:

Rear-End Collisions

Rear-end collisions are often caused by driver error, such as distracted driving or leaving insufficient braking distance. If a truck hits a smaller vehicle from the rear, it can cause serious damage. While the driver in the rear is typically liable for such accidents, the motorist in the front can also be held liable for the accident if engaged in reckless or negligent driving behavior.

Head-On Collisions

Head-on collisions refer to accidents where two vehicles collide with each other head-on or when a car crashes into an object on the road from the front. The nature of such accidents makes them extremely dangerous and can often result in serious injuries or wrongful death. The common causes of front-end collisions include driving under the influence, fatigue and distracted driving.

Rollover Collisions

Larger vehicles, such as trucks and buses, are more vulnerable to rollover collisions. However, such accidents can happen to any type of vehicle. When a vehicle rolls over after a collision, the occupants can suffer various types of injuries. The force of such accidents can even eject occupants out of the vehicle.

T-Bone Collisions

When the front of one vehicle strikes another on the side, this is often called a T-bone accident, which also refers to a side-impact or broadside accident. At the point of impact, the two vehicles form a “T.”

What makes T-bone collisions so dangerous is that the side of the vehicle typically has less protection, putting the occupants at a higher risk of severe injuries. While the front of the car absorbs some of the force of the impact, there is no such protection on the side.

Sideswipe Collisions

Sideswipe accidents happen when two vehicles collide side-to-side. While this may sound less hazardous, sideswipe collisions at high speeds can be extremely dangerous. Even a slight nudge can cause the driver to lose control and suffer a severe collision with another vehicle or object on the road.

Hit And Run Collisions

If someone is at fault for causing a truck accident, they would be liable for the damage. However, if they flee the accident site, they could be charged with a hit-and-run charge. The law requires motorists to wait at the accident site until they provide their contact information and assist the injured. Hit-and-run collisions can lead to severe penalties for the convicted, including jail time and hefty fines.

Parking Lot Collisions

Despite the low speeds of parking lot collisions, if a truck is involved in such an accident, there can be serious consequences. Trucks are difficult to maneuver in tight spaces, such as parking lots. The truck driver’s visibility can also be limited, making it more challenging for them to avoid accidents.

Intersection Collisions

Intersections typically have a high percentage of auto accidents as they involve multiple vehicles converging to that point. Intersections that connect to highways or interstates are often more dangerous as trucks can operate at high speeds, and any accident can cause serious injuries or property damage. Intersection collisions are hazardous due to the multiple angles of impact.

Causes of Truck Accidents

Truck accidents happen due to various reasons. Unfortunately, most of the causes are avoidable, yet every year, many lives are lost, and many more are injured in truck collisions. Here are some of the most common causes of truck accidents:

Distracted Driving

Even a few seconds of distracted driving can cause a life-altering accident. Distracted driving is anything that takes away the driver’s focus from the road. This could be eating, using the cell phone, fiddling with the stereo, daydreaming, or anything that doesn’t allow the driver to concentrate on the road entirely.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in 2022. Texting while driving was the most alarming distraction. The few seconds it takes to read or send a text message takes 5 seconds off the road. This translates to moving the entire length of a football field with your eyes closed.

Truck drivers are at a higher risk of distracted driving as they often spend long hours on the road. They are also susceptible to driver fatigue, another top cause of truck accidents. The consequences of distracted driving are severe for all types of auto accidents but are more hazardous for collisions involving a truck.

Drunk Driving

Driving under the influence of drugs or alcohol (DUI), commonly referred to as drunk driving, is illegal. If the blood alcohol concentration (BAC) level is above a certain threshold, typically 0.08%, then the driver could be charged with DUI. The BAS threshold is even lower for commercial vehicle drivers. This stricter threshold reflects the higher responsibility and increased risk posed by operating large commercial vehicles, such as trucks, under the influence.

An intoxicated driver has an impaired ability to react to emergencies on the road, such as executing driving maneuvers to prevent an accident. They also suffer from a reduced ability to make sound judgments required for responsible driving.

Truck drivers can resort to alcohol or drugs as a means to overcome isolation or stress, which is common in trucking. Unfortunately, the decision to be intoxicated while driving can have severe consequences for the truck driver and others involved in the accident. Truck drivers found guilty of DUI can face hefty fines, suspension of driver’s license, jail time, and other penalties.

Speeding

The speed limits on roadways are designed to guide drivers to safe driving speeds under various road conditions, helping reduce the risk of accidents. Larger vehicles, such as trucks, are typically required to drive at lower speeds compared to cars. The longer stopping distance, increased weight, and difficulty in handling require truck drivers to be cautious at what speeds they are operating. Driving above the speed limit not only increases the risk of suffering an accident but also increases the severity of injuries and property damage.

One reason truck drivers speed is to meet tight deadlines, which are common in the truck industry. Trucking companies are often under pressure to meet delivery deadlines, and this pressure frequently falls on truck drivers to adhere to tight schedules. Unfortunately, trucking companies and truck drivers often fail to understand that the risks associated with speeding far outweigh any potential benefits.

Reckless Driving

Reckless driving, also referred to as careless driving, occurs when a person operates a vehicle with disregard for the safety of others. This includes a wide range of dangerous driving behaviors, such as aggressive lane changing, speeding, tailgating, running red lights, or abrupt braking.

There are various causes of why truck drivers engage in reckless driving. It could be a result of road rage, impatience, the need to meet strict deadlines, or driving under the influence. Reckless driving is hazardous for truck drivers because trucks are less agile than cars. The reduced maneuverability of trucks increases the likelihood of collisions if the driver engages in reckless behavior.

As a Truck Accident Law Firm, We Can Answer All of Your Questions Related to Truck Accidents

Truck accident cases can often become complex due to several factors, including the severity of the injuries, multiple liable parties, and insurance disputes. We won’t be surprised if you have any questions related to your truck accident case.

Our legal team at Armada Law, LLC, is glad to answer all your questions related to truck accidents. With our extensive experience in such cases, we are well-versed in laws and regulations related to truck accidents, and we guide you through each step of the legal process. We encourage you to ask questions, as that will allow you to have a better understanding of your case and make informed decisions. Feel free to get in touch with us if you have questions related to truck accidents.

Immediate Concerns After a Truck Accident

The steps you take immediately after the truck accident can go a long way in protecting your rights and strengthening your case. Conversely, any mistakes you make can jeopardize your case. Here are a few FAQS to guide you on how to handle the situation after suffering a truck accident.

What Should I Do Immediately After A Truck Accident?

Your top priority in the immediate aftermath of a truck accident should be to seek medical attention. Not only is this crucial for your health, but it also helps establish a medical record of truck accidents. Call 911 and wait for the authorities to reach the accident site.

If you need emergency care, you may be rushed to a hospital. However, if you are at the site, you can start documenting the accident site by gathering evidence, such as photos and eyewitness contact information. You also need to notify your auto insurance company about the accident and consult with an attorney about how to protect your rights.

Should I Call The Police Even If The Damage Seems Minor?

Yes, you want it to notify the police even if the damage seems minor because the police report helps document the accident. This could be crucial if you later plan on filing a personal injury claim or lawsuit against the at-fault parties. Calling the police may be legally required in some jurisdictions.

How Can I Ensure My Safety While Waiting For Help After A Truck Accident?

While you’re waiting for help after a truck accident, you want to move to a safe location where you are not in danger of further collisions or obstructing traffic. In cases involving severe injuries, such as spinal cord or neck injuries, it may be challenging to move. You should wait for medical assistance to arrive.

If the truck accident happened on a busy road, you should remain inside your vehicle until help arrives. Just keep your hazard lights on to ensure your vehicle is visible to other drivers. Another critical step to ensuring your safety is to avoid engaging with aggressive drivers, as a confrontation can quickly escalate and may cause more harm than good.

Should I Move My Vehicle After A Truck Accident, Or Leave It Where It Is?

Whether or not to move your vehicle after a truck accident depends on the circumstances. If the car is in a dangerous location, such as a busy intersection, it is best to leave it where it is. If there are only minor injuries and property damage, you can move the vehicle to a safe location where it does not disrupt ongoing traffic.

For serious accidents, leaving the vehicle where it is can help preserve evidence, which can play a crucial role in your insurance claims and investigations. Another case is where you should leave the vehicle where it is if the vehicle is too damaged to drive or if there are leaking fluids.

What If The Truck Driver Is Injured Or Unresponsive?

If you find the truck driver injured or unresponsive, you must immediately call the authorities to get them medical assistance. If there is something you can do to help the truck driver, you can proceed to that; however, ensure your safety first. Unless the driver is in immediate danger, it is best not to move them, as that can worsen their injuries. If you have experience in first aid, you can offer assistance but only attempt to do something that you are trained in.

How Can I Assess The Risk Of A Hazardous Material Spill From The Truck?

It can be challenging to assess the risk of hazardous materials; however, there are a few things that might help. Look for hazard placards that indicate the type of material that the truck is transporting. If the car is carrying hazardous materials, the placard will display a diamond-shaped sign, warning labels, or other symbols that indicate the specific type of dangerous material, such as flammable explosive substances. If there are any spills from the truck, don’t take any chances, and stay away from the spill. Contact emergency services immediately and wait for them to arrive at the site.

Closeup of white semi truck that has suffered a frontal crash

Insurance and Legal Questions a Truck Accident Attorney Can Help With

At Armada Law, LLC, we provide our clients with expert legal guidance and representation for all insurance and legal matters related to the case. Here are some of the most commonly asked insurance and legal questions about truck accidents.

Do I Need To Report The Truck Accident To My Insurance Company?

Yes, in most cases, you need to report the truck accident to your insurance company. Most insurance companies have a policy requirement to report any accidents that involve a claim immediately. If you plan on filing a claim, you should notify your insurance provider as soon as possible.

Another reason you want to notify the insurance provider as soon as possible is to have your claim process started. This helps avoid unnecessary delays and also helps with the timely gathering and preservation of evidence required for your claim.

Will My Insurance Rates Go Up After A Truck Accident?

Insurance companies consider several factors to determine if your insurance premiums will go up. This includes who was at fault for the accident, the severity of injuries, and the prior history of claims. However, the insurance provider will most likely increase insurance premiums after a truck accident.

What Information Should I Exchange With The Truck Driver?

The exchange of information with the truck driver after the accident is crucial for your case. You want to exchange your contact information, vehicle insurance information, driver’s license numbers, and the truck’s license plate number.

How Do I File An Insurance Claim After A Truck Accident?

You can contact your insurance company to file a claim after a truck accident. Alternatively, you can have your attorney file the claim on your behalf. The insurance company will need details about the accident, such as any evidence that you may have collected, such as photos of the crash site, police report, or surveillance footage.

Should I Get A Lawyer After A Truck Accident?

There are several advantages to hiring a lawyer after a truck accident. They can guide you through the complexities of truck accident claims and lawsuits and have a major positive impact on the outcome of your case.

How Long Do I Have To File A Claim After A Truck Accident?

Every state has a statute of limitations that establishes the maximum time you have to initiate legal action. In South Carolina, the statute of limitations for filing a personal injury claim after a truck accident is generally three years from the accident date.

What If The Truck Driver Was Working For A Company?

If the accident happened while the truck driver was on duty, you could seek compensation from the trucking company. You can claim that the trucking company was negligent in hiring, training, or supervising the truck driver.

What If The Truck Was Improperly Loaded Or Maintained?

If the trucking company’s negligence or a third party responsible for loading or maintaining the vehicle caused the accident, they could be held liable.

What Should I Do If The Trucking Company Is Pressuring Me To Settle Quickly?

You should never be rushed to settle a case. Trucking companies often use this as a tactic to secure a lower payout. Once you accept a settlement, you may lose your right to seek further compensation for this particular accident. Consult with your attorney before deciding to take a settlement.

Vehicle Damage and Repairs

Assessing the vehicle damage and getting repairs is a critical part of the process. Taking the proper steps can help you get your vehicle fixed while ensuring that all necessary repairs are covered under your insurance policy.

What Should I Do If My Vehicle Is Not Drivable After A Truck Accident?

If your vehicle is not drivable after the accident, avoid the risk of trying to drive it, as this can be dangerous and may cause further damage. Instead, arrange for your vehicle to be towed to a repair shop or a safe location.

Contact a towing company to get details. You can seek reimbursement for towing from your insurance company.

How Do I Get An Estimate For Repairs After A Truck Accident?

A repair shop can provide you with an estimate after a thorough inspection of your damaged vehicle. However, before you take your car to the repair shop, notify your insurance company to check if they have any recommendations for repair shops.

Can I choose my repair shop, or do I have to go to one recommended by my insurance company?

Generally, you have the right to choose your repair shop; however, if the insurance company has recommended certain ships, you should consider them as they may offer streamlined claims processing with your insurance provider.

What Happens If My Vehicle Is Totaled After A Truck Accident?

A totaled vehicle means that the cost to repair it is more than the value of the car. If your vehicle is totaled in a truck accident, you can seek a settlement from your insurance company based on the actual cash value (ACV) of the car.

Will I Get A Rental Vehicle While My Car Is Being Repaired?

Whether you can rent a vehicle as part of your insurance coverage depends on the specifics of your policy. So, it is important to confirm coverage details with your insurance provider.

How Do I Ensure All Damages Are Accounted For, Given The Size Of The Truck?

To ensure all the damages are accounted for, you need to have your vehicle inspected by a trusted repair shop, which will provide you with an estimate for all the damages. You can work with your attorney to ensure you get compensation for these damages.

Health and Medical Concerns

Your health and safety are a top priority after a truck accident. Taking the right steps is crucial for addressing injuries and managing related expenses.

What If My Injuries Appear Days After The Accident?

Some injuries or their severity can take time to become evident. If you notice new symptoms or worsening of existing symptoms, you should seek medical evaluation and treatment. Document all your expenses and consult with your attorney to determine the best legal options to get compensation for delayed injuries. If only a few days have gone by, you may be able to add the delayed injuries to your claim simply.

How Do I Prove That My Injuries Were Caused By The Truck Accident?

You can use a combination of accident reports, medical records, eyewitness testimony, and other evidence to prove that your injuries were caused by a truck accident. Ensure consistency in your account of the accident and the evidence you present. This consistency is crucial because it helps corroborate your story, strengthen your claim, and make it more credible.

Who Pays For My Medical Bills After A Truck Accident?

If your injuries were caused by negligence or wrongdoing by another party, then you would be liable to pay your medical bills. In most cases, it is their insurance company that will be responsible for paying the damages.

What If I’m Unable To Work Because Of My Injuries?

You can claim lost income, loss of earning potential, and other related expenses in your claim. In most cases, compensatory damages for your losses can be claimed through a personal injury claim, but you could also have other legal options.

Semi-trailer truck tipped over on a dirt road

Legal and Financial Implications

One of the most complex aspects of truck accident cases involves the legal and financial implications. This includes everything from establishing liability and gathering evidence to filing a claim and taking the case to trial.

What Compensation Can I Get After A Truck Accident?

You can seek compensation for your economic and non-economic expenses that resulted from the truck accident. For economic costs, you can claim lost wages, property damage, loss of earning capacity, and other tangible financial losses.

For non-economic expenses, you can seek damages for your pain and suffering, emotional distress, loss of consortium, anxiety, depression, post-traumatic stress disorder, and other non-monetary losses. If the actions of the negligence of the liable party were intentionally and particularly reckless, then you can also claim punitive damages.

How Long Will It Take To Settle My Claim?

There is no set time frame for truck acclimate claims. It can take anywhere from a few weeks to months to settle the claim. An attorney can provide you with a more accurate timeline based on the specifics of your case. While it’s understandable to want to resolve your claim quickly, acting too hastily could potentially jeopardize your case.

What Should I Do If The Trucking Company Sues Me?

A trucking company can sue you for different reasons, including allegations of negligence that they claim contributed to the accident or for damages they believe you are liable for. If a trucking company sues you, it is crucial to respond firmly and swiftly with the assistance of an attorney who can review the complaint, understand the allegations, and develop a defense strategy.

What Are My Rights If A Truck Driver’s Negligence Caused the Accident?

If the truck driver’s negligence led to your suffering, you have the right to seek compensation from them. However, you will have to prove that the truck driver was at fault for the accident. You can use evidence such as eyewitness statements, surveillance footage, medical records, police reports, and other types of evidence to build a strong case and recover compensation through a settlement or court verdict.

What If The Truck Driver Was Under The Influence Of Drugs Or Alcohol?

Driving a vehicle while drunk is a serious offense. If the truck driver was under the influence of drugs or alcohol, and you can prove this, then you have a solid case to recover compensation for your suffering. To prove that the truck driver was drunk, you can use evidence such as toxicology reports, police reports, and witness statements.

What If The Accident Was Caused By Poor Road Conditions Or Improper Signage?

Government agencies are responsible for maintaining proper road conditions and signage. If issues with the road or signage caused your truck accident, you can file a claim or lawsuit against the relevant government agency. However, keep in mind that government entities’ agencies may be protected under sovereign immunity, which limits their liability in some instances.

Can I Sue The Trucking Company As Well As The Driver?

Yes, as there can be multiple liable parties in a truck accident, you can sue the trucking company as well as the driver. The trucking company is responsible for its employees’ actions; however, the driver can also be held personally liable for their actions. For example, you can sue the trucking company for not providing proper training to the driver, but if the driver still engages in reckless driving or overspeeding, then the driver could be liable, at least partially, for the accident.

How Do I Handle The Complexity Of A Multi-Vehicle Accident Involving A Truck?

Multi-vehicle accidents are more complex and require careful attention through the legal process. Multiple insurance companies may be involved in multi-vehicle accidents, so you will have to work with your attorney to navigate these complexities. Your truck accident attorney can help determine the degree of fault attributed to each party and how to recover compensation from each of the liable parties.

Why Hire Our Truck Accident Lawyers For Your Case

Truck accident claims and lawsuits are particularly complex due to several factors, including the potential for several liable parties, long-term injuries, and intricate regulations that govern the trucking industry. At Armada Law, LLC, we specialize in handling complex cases.

Our legal team is well-versed in laws and regulations that apply to truck accident cases. We can use our legal expertise to help you protect your rights and recover maximum compensation for your suffering. We also have the experience and resources to investigate the case and help you gather evidence to build a strong case. You can contact us to schedule a consultation with one of our truck accident lawyers.