Truck accidents happen when large commercial trucks collide with other vehicles, often leading to severe injuries for the truck drivers. These accidents differ from others because of the size and weight of commercial trucks, which can cause significant damage and complicated legal issues. This is particularly true when a runaway truck is involved, making it hard to figure out who is responsible and how to get compensation for damages.
This topic matters because injured truck drivers face lost wages and medical bills, and they often struggle to determine who is at fault. Such accidents can have long-lasting effects on a trucker’s career and quality of life. Therefore, seeking legal help to handle the situation’s complexities and ensure fair compensation is essential.
At Hurt Trucker Attorneys, we are dedicated to helping truck drivers injured in accidents. We have over four decades of experience and know how to address the specific needs of injured truckers. We assist with the legal process to ease the burden so our clients receive the compensation they deserve. Our firm has helped many truckers recover financially, offering them the peace of mind they need to move forward.
How To Respond To A Rear-End Collision Caused By A Runaway Commercial Truck
Imagine being in the middle of an 18-wheeler accident. The impact of a runaway truck hitting your vehicle can be catastrophic. In these moments, acting quickly and wisely is vital. First, check for any injuries and make sure everyone is safe. Then, call emergency services right away.
Once help is on the way, you should take a few essential steps that require quick thinking. These include:
- Documentation: Document everything—take pictures of the scene, the vehicles involved, and any visible injuries. Gather details about the truck driver and the trucking company. Noting plate numbers, company names, and witness contacts can be invaluable later. These details might support legal actions or insurance claims.
- Gathering Black Box Data: Black box data could hold critical information about the truck’s operation during the crash. This data might reveal speed, braking patterns, or any mechanical failures.
- Seeking Legal Support: You might feel shocked and be dealing with injuries. It’s normal to feel overwhelmed and it’s hard to understand what’s happening. We understand how stressful these accidents can be. We’re ready to assist you with many years of experience helping truckers and others affected. We encourage you to get professional legal help. Our team supports you through the tough times after a truck crash.
These steps can help you construct a solid case and safeguard your legal rights. Seeking legal support if you sustained injuries in the accident is crucial.
Common Causes Of Runaway Commercial Truck Accidents
Runaway commercial trucks pose significant dangers on the road. Imagine a large truck barreling down a highway, unable to stop. It’s a dire situation that can have catastrophic outcomes. Why do these incidents occur? A mix of factors can be responsible.
- Mechanical Failures: Mechanical problems often cause runaway truck accidents, with faulty brakes being standard. When brakes fail, it can create hazardous situations on the road. A study conducted by the FMCSA revealed that 29 percent of large trucks involved in accidents—equating to 41,000 trucks—experienced brake issues.
- Driver Error and Negligence: Driver error and negligence significantly contribute to runaway incidents. Issues such as distracted driving, fatigue, or improper braking can quickly lead to a loss of control. When a driver isn’t entirely focused, the risk of a runaway incident climbs.
- Road and Weather Conditions: Road and weather conditions also play a significant role in the safety of commercial trucks. Consider the challenges of navigating a truck during heavy rain on a steep descent. Wet surfaces and poor visibility can increase the complexity of controlling such large vehicles.
- Improper Truck Maintenance: Improper truck maintenance is another critical factor. Poor maintenance leads to many accidents involving commercial vehicles. Trucking companies must adhere to federal rules outlined in 49 CFR § 396, which require strict maintenance and inspection of their trucks. These regulations mandate that companies regularly check, repair, and maintain their vehicles to ensure they are safe to drive.
Finally, 49 CFR § 396.3 states that truck operators must keep their fleets in good condition to avoid mechanical problems or unsafe situations on the road. Unfortunately, some companies overlook these responsibilities, risking dangerous issues like brake failures or tire blowouts.
Understanding the common causes of truck accidents can help find solutions and create safer roads for everyone.
Injuries Commonly Sustained In Rear-End Collisions With Runaway Trucks
In rear-end collisions with runaway commercial trucks, the weight and speed of the truck often lead to severe injuries. These often include:
- Traumatic Brain Injuries (TBIs): These traumatic brain injuries often occur when the head experiences a sudden jolt. Symptoms can range from mild concussions to severe cognitive impairments that may require extensive rehabilitation. TBIs can lead to ongoing medical expenses and a need for long-term care.
- Spinal Damage is another critical concern. Victims may face herniated discs or even paralysis, depending on the collision’s severity. Such spinal Damage can drastically affect mobility and independence, challenging daily activities.
Personal injuries sustained in these accidents are not just physical. The mental toll, including pain and suffering, needs to be acknowledged and addressed. A medical study of people who survived car accidents found that 50% of them had PTSD, showing how much these traumatic events can affect mental health.
The permanent impact on one’s earning capacity can also be profound, forcing us to reevaluate our financial stability and life plans. Understanding these possibilities underscores the importance of staying informed about the risks posed by commercial trucks on our roads.
Legal Liability in Rear-End Collisions with Runaway Commercial Trucks
In rear-end collisions involving runaway commercial trucks, it’s essential to determine who is legally responsible so that victims can seek compensation. Both federal and Missouri laws provide guidelines on establishing fault in these cases, often including multiple parties that might share the blame.
Truck Driver Liability
According to 49 CFR § 392.3, the Federal Motor Carrier Safety Administration (FMCSA) requires drivers to operate commercial vehicles only when they can. This means they shouldn’t be tired, ill, or distracted. If it can be shown that driver errors—like falling asleep, being distracted, or braking improperly—led to the accident, the driver could be held liable for any damages. Missouri law also highlights drivers’ responsibility to maintain safe distances and control their speed, as stated in RSMo § 304.012.
Trucking Company Liability
Trucking companies can also be held responsible if their maintenance or driver training negligence contributed to an accident. FMCSA regulations, particularly 49 CFR § 396, require these companies to perform regular inspections and maintenance on their trucks to prevent mechanical failures that could cause truck accidents.
If a runaway truck is found to have issues like brake failure due to poor maintenance, the trucking company can be held liable. In Missouri, companies may face legal consequences for failing to meet state maintenance standards or for putting unrealistic demands on drivers, violating hours-of-service rules set by the FMCSA (49 CFR § 395).
Third-Party Liability
Other parties might also be liable for runaway truck accidents. This could include manufacturers of faulty truck parts or contractors responsible for inadequate road maintenance. Under Missouri product liability laws, the manufacturer could be held responsible if a defective braking system caused the accident. Similarly, if poor road design or maintenance contributed to the incident, state agencies or contractors in charge of road upkeep might share the blame.
Missouri’s Comparative Fault Law
Missouri’s comparative fault law also affects who is held responsible. This law divides the blame based on how much fault each party has in the accident. So, if the truck driver is 70% to blame for lousy maintenance or reckless driving, and the injured person is 30% to blame (maybe for speeding or being distracted), the injured person can still get 70% of the compensation for their damages.
Victims of these accidents can seek compensation by proving negligence or wrongdoing by drivers, trucking companies, or other parties. At Hurt Trucker Attorneys, we provide legal support in truck accident cases and help those involved navigate the complex federal and Missouri laws to obtain the compensation they deserve.
How Hurt Trucker Can Help You After a Rear-End Collision with a Runaway Truck
A rear-end collision with a runaway truck can have devastating consequences. We understand the challenges truckers face in such accidents, and our legal team at Hurt Trucker Attorneys is here to help you navigate this difficult time.
With over 40 years of experience, our personal injury law firm has a proven track record of securing millions for our clients in Missouri. Our commitment to excellence and deep understanding of Missouri’s legal landscape set us apart.
We provide you with the following:
- Initial Consultation: We listen to your story and provide clear legal advice.
- Comprehensive Investigation: Gathering evidence and working with professionals to build a strong case.
- Aggressive Representation: Fighting for your rights and seeking the compensation you deserve for pain, suffering, and financial hardship.
We are dedicated to helping you regain control of your life. Let us put our extensive experience to work for you so you can focus on recovery.
Contact Hurt Trucker Attorneys For Legal Representation Or Advice
If you or a loved one has been in a rear-end collision with a runaway commercial truck, the next step is to talk to an experienced personal injury attorney. At Hurt Trucker Attorneys, we’re dedicated to helping you get the justice and compensation you deserve. Contact us today for a free consultation.
Our team at Hurt Trucker Attorneys is ready to guide you through every challenge. With years of experience in personal injury cases specific to Missouri truckers, we can provide the support you need. We’re here whether you want someone to listen to or need practical legal advice. Reach out to us today, and let us be your advocate during this challenging time.
