Semi trucks involved in collisions with automobiles often end with catastrophic results.

The sheer size and nature of semi truck accidents (also called 18-wheelers) can leave smaller cars crushed, rolled over, thrown off the road, or even trapped under the massive trailer that these semi trucks tow.

Semi truck accidents leave the occupants of smaller cars severely injured or even killed, while the driver of the truck usually walks away injury free. It is estimated that there are almost half a million semi truck accidents in the United States every year.

Semi truck drivers’ duty of care

In a typical semi truck accident lawsuit, the defendant is usually the truck driver or trucking company who employed the driver, as a victim might claim that negligence on the part of the driver or their employer caused the accident. Negligent driving practices on the part of the truck driver can cause severe, often fatal trucking accidents. Semi truck drivers owe a duty of care to other motorists and pedestrians who share the roads with them. When this duty is breached, then they are considered negligent.

Some examples of negligent truck driver behavior, which can lead to violations of federal and state regulations and laws are:

• Semi trucks traveling with excessive speed
• Fatigued semi truck drivers falling asleep at the wheel
• Ignoring posted signage
• Driving under the influence (DUI)

In addition to truck driver negligence, problems with semi trucks can also cause trucking accidents. Tire blowouts, shifting loads, improper vehicle maintenance, and overloaded trucks / trailers can all lead to catastrophic accidents. If a defective part is found to be the cause of the semi truck accident, then that manufacturer can be held liable as well.

Proving trucking company negligence

Semi truck accident lawsuits filed to recover compensation for injuries sustained in a semi truck accident will often hinge on the truck driver’s negligence. To prevail in a semi truck injury lawsuit, the injured party will usually have to show the following:

• that the semi truck driver had a duty of care to other vehicles on the road
• the truck driver breached this duty through some action or failure to act
• an injury was sustained
• the breach of duty caused the injury

In some instances, the owner of the trucking company and manager, the owner of the truck, the employer of the driver, and their respective insurance companies may be liable after a semi truck accident.

Compensation for injuries and damages resulting from a semi truck accident is typically separated into two categories: economic and non-economic.

Economic semi truck accident damages attempt to compensate the injured victim and/or family for monetary losses, including medical expenses, lost wages, and loss of earning capacity.

Non-economic damages compensate the victim and/or family for non-financial, intangible losses, including pain and suffering, mental anguish, loss of consortium, and punitive damages.

What to do if you are involved in a semi truck accident

After being hit by a semi truck, it is important to protect your legal rights and take certain steps to improve your changes of a successful injury claim. You can take the following steps after a semi truck accident:

• First and foremost, never leave the scene of a semi truck accident.
• Secondly, call the police. The police officer will be able to obtain all of the information from all parties involved. The police will likely file a police report of the accident. This accident report is often used by the insurance company to confirm the events and help access fault. Without an accident report, the entire set of events may be completely denied by the at-fault party.
• Third, you should gather any and all information possible from all parties. Although the police will gather information from all involved parties, it is very important that you obtain as much information for your own records.
• Fourth, take photographs of the accident. Photographs are extremely helpful when trying to explain how a semi truck accident occurred. Photographs can help protect you in case of any dispute. Take photos of the damage done to your vehicle, the other vehicles in the crash, any injuries you may have sustained, and anything else that may be useful in demonstrating the circumstances of the crash should you wish to file an insurance claim or take legal action.
• Lastly, medical treatment is very important if any injuries are sustained. Documentation of your injuries is extremely important to any semi truck accident case you may have.