What’s the first thing you think of when you see a truck? Endless cruising along the highways, maybe? But truck rides aren’t pleasant every time. A truck accident lawsuit can be overwhelming and emotionally distressing for victims. Like car accident claims, truck accident lawsuits require strategic planning and strong legal arguments to secure fair compensation. But what legal arguments should you use to win a truck accident lawsuit successfully?
If you’ve wondered this question, this guide covers everything you need to know. Truck accidents are particularly dangerous because they often result in severe injuries, significant emotional distress, and substantial financial burdens.
Fortunately, we have seen multi-million dollar truck accident settlements that helped victims resurface. But they require the right legal team to help you.
These cases are often more complex than standard car accidents, involving multiple parties, larger vehicles, and complicated legal considerations. This is why truck accident victims need an experienced personal injury lawyer to guide them through the legal process and maximize their claims.
10 Legal Arguments to Win a Truck Accident Lawsuit Successfully
According to the Insurance Institute for Highway Safety (IIHS), a total of 4,764 people died in large truck crashes in 2022. That is a huge number and it means that truck accidents impact several lives every year.
If you or a loved one has been injured in a truck accident, understanding the legal arguments that can help you win your case is crucial. In this guide, we’ll explore 10 legal arguments to win a truck accident lawsuit successfully and provide insights into how you can seek fair compensation for your losses.
Understanding Truck Accident Lawsuits: What Makes Them Challenging
A truck accident lawsuit isn’t just about proving that an accident happened. It’s about showing why it occurred, who is responsible, and how the injuries sustained impact a victim’s life.
These lawsuits often involve truck drivers, trucking companies, insurance companies, and even government agencies. To navigate this process, accident victims need a thorough understanding of the legal principles involved.
1. Proving Truck Driver Negligence
Truck drivers operate large, heavy vehicles that can cause catastrophic damage in a collision. Unfortunately, negligence on the part of the truck driver is a common cause of truck crashes. Proving driver negligence is often the first legal argument in a truck accident lawsuit.
Negligence may involve reckless or distracted driving, driver fatigue, or impairment. For instance, if a driver violated traffic laws by running a red light or exceeded legal driving hours, this behavior can be documented as evidence of negligence.
Police reports, witness statements, and electronic logging devices (ELDs) can provide critical evidence to support this claim.
2. Holding the Trucking Company Liable
Trucking companies are responsible for hiring qualified drivers, providing proper training, and maintaining their vehicles. If a trucking company neglects these responsibilities, it can be held liable for a commercial truck accident.
For example, if an investigation reveals that a company failed to conduct background checks or ignored mandatory maintenance schedules, it can strengthen your case.
An experienced truck accident lawyer can gather evidence like employment records and vehicle maintenance records to prove the company’s liability.
3. Examining Vehicle Maintenance Records
Large trucks require regular inspections and maintenance to operate safely. Faulty brakes, brake failure, worn tires, and malfunctioning lights can contribute to catastrophic injuries from truck accidents. Proving that poor maintenance caused the accident can be a powerful legal argument.
Requesting vehicle maintenance records is essential in these cases. If the records show skipped inspections or incomplete repairs, this evidence can directly link the trucking company’s negligence to the accident.
Therefore, the parties involved should know their rights and responsibilities during the accident to make the process smoother.
4. Demonstrating Violations of Federal and State Regulations
Commercial trucking companies must comply with strict federal and state regulations. These rules cover everything from driver qualifications to vehicle maintenance and cargo loading procedures. The Federal Motor Carrier Safety Administration (FMCSA) sets many of these regulations.
If a trucking company or driver violated these rules, such as exceeding allowed driving hours or transporting overweight loads, it can serve as compelling evidence of negligence.
An experienced personal injury attorney will know how to uncover these regulatory breaches. They can guide you through the process, the insurance claim, and identifying liable parties in the semi truck accident lawsuit.
5. Establishing Fault Through Accident Scene Evidence
The accident scene can provide invaluable insights into how the accident occurred. Gathering as much evidence as possible immediately after the crash can make a significant difference in the outcome of your truck accident case.
A good attorney knows how dangerous serious injuries from a truck accident can be. Therefore, they can help with the evidence gathering according to the requirements set by the legal system. For instance, photographs of skid marks, debris patterns, and damage to the vehicles are crucial in proving liability and recovering economic damages. Moreover, if the truck accident involved running traffic lights, you may also have to highlight that.
It can help accident reconstruction experts determine the cause of the crash. Additionally, obtaining the police report and collecting witness statements can strengthen your claim.
6. Using Electronic Logging Devices (ELDs) and Black Box Data
Commercial trucks are often equipped with ELDs and black boxes that record data about the vehicle’s speed, braking patterns, and driving hours. These devices can provide crucial insights into the circumstances surrounding the accident.
For instance, if the ELD data shows that a truck driver exceeded legal driving hours and fell asleep at the wheel, it supports your negligence claim. Your legal team can subpoena this data if the trucking company is unwilling to provide it voluntarily.
7. Calculating Damages: Medical Bills, Lost Wages, and Emotional Trauma
Truck accidents often result in severe injuries, ranging from broken bones to traumatic brain injuries. Calculating damages accurately is critical to receiving fair compensation. These damages typically include:
- Medical Costs: Hospital bills, ongoing medical treatment, rehabilitation, and prescription medications.
- Lost Wages: Income lost due to time away from work during recovery.
- Emotional Distress: The psychological impact of the accident, including anxiety and PTSD.
Medical records, medical bills, and expert testimony from healthcare professionals can support these claims. An experienced attorney will ensure that both current and future expenses are considered.
8. Proving Contributory or Comparative Negligence
In some truck accident cases, the defense may argue that the injured party shares responsibility for the crash. Different states follow different rules regarding shared fault:
- Comparative Negligence: The injured party can still recover compensation, but their award is reduced by their percentage of fault.
- Contributory Negligence: If the injured party is found even partially at fault, they may be barred from receiving compensation.
Your legal team must gather evidence to refute these claims and establish the defendant’s liability.
9. Identifying All Liable Parties
Truck accident lawsuits often involve multiple parties beyond the truck driver. Other liable parties might include:
- Trucking Companies: For negligent hiring or poor maintenance practices.
- Cargo Loaders: For improperly secured or overloaded cargo.
- Vehicle Manufacturers: For defective parts like faulty brakes.
- Government Agencies: For unsafe road conditions or missing signage.
Identifying all liable parties maximizes the potential compensation available to accident victims.
10. Pursuing Punitive Damages in Cases of Gross Negligence
Punitive damages are awarded when the defendant’s conduct goes beyond ordinary negligence. These damages serve to punish the responsible party and deter similar behavior in the future.
For example, if a trucking company pressured drivers to ignore safety regulations or if a driver was intoxicated at the time of the accident, the court may award punitive damages.
An experienced truck accident lawyer will know when and how to argue for these damages. They can also help you understand strengths and weaknesses of your case, turning the whole situation around.
The Importance of Legal Representation in Truck Accident Cases
Truck accident cases are complicated and often involve powerful insurance companies and well-funded defense teams. Victims should seek legal representation from a law firm with experience in personal injury cases with large settlements, specifically those involving commercial trucks.
An experienced truck accident lawyer will:
- Investigate the accident thoroughly.
- Collect and analyze police reports and black box data.
- Calculate damages accurately, including medical expenses, lost income, and emotional distress.
- Negotiate with insurance companies to secure fair compensation.
- Represent the victim in court if necessary.
Many law firms offer free consultations to assess your case and provide legal guidance. To ensure you hire the best legal representation, consider asking these 15 questions to ask a truck accident attorney.
Steps to Take After a Truck Accident
If you are involved in a truck accident, taking the right steps can protect your health and your legal rights:
- Call Emergency Services: Ensure that police and medical personnel arrive at the scene.
- Document the Scene: Take photos and videos, gather witness statements, and request the police report.
- Seek Medical Attention: Even if injuries seem minor, seek medical treatment immediately. Medical records will serve as evidence later.
- Contact an Experienced Personal Injury Attorney: Legal guidance early on can help preserve critical evidence and protect your rights. They can also guide you regarding the steps to take after a semi-truck accident or any similar incident.
Conclusion: Building a Strong Case with the Right Legal Arguments
Winning a truck accident lawsuit for an 18-wheeler or another truck of any size requires more than just proving that a crash occurred. It involves presenting clear, convincing legal arguments backed by solid evidence. From proving driver negligence to calculating damages accurately, these 10 legal arguments can help truck accident victims build a compelling case.
Legal Help For Truck Accident Victims With BLG
If you or a loved one has suffered due to a truck accident, don’t face the legal process alone. Seek expert legal assistance from an experienced attorney who understands the complexities of truck accident cases.
With the right legal team, such as Bourassa Law Group by your side, you can pursue fair compensation for your injuries, lost wages, medical bills, and emotional trauma—and ultimately, find a path toward recovery and justice.
1-800-870-8910