Big Rig Accident Attorney

I. Definition of a big rig or semi-truck

A big rig, also known as a semi-truck or tractor-trailer, is a type of large commercial vehicle that is used for transporting goods across long distances. These vehicles are typically made up of a tractor unit, which is the front portion of the truck that contains the engine and cab, and one or more trailer units, which are the larger, box-shaped structures that are attached to the tractor unit and used for carrying cargo. Big rigs are an important part of the transportation industry, as they are often used to haul large quantities of goods over long distances.

Explanation of the dangers of sharing the road with big rigs

Sharing the road with big rigs can be dangerous for several reasons:

Size and weight

Big rigs are much larger and heavier than passenger vehicles, which means they require more time and distance to stop, turn, and maneuver. If a big rig is driving too close to your vehicle, it could be difficult for them to avoid a collision if something unexpected happens on the road.

Visibility

Big rigs have large blind spots on all sides, which means the driver may not be able to see you if you are driving alongside or behind them. This can lead to collisions if the driver changes lanes or makes a turn without realizing you are there.

Road conditions

Big rigs are more susceptible to skidding and rolling over on slippery or uneven roads, which can cause serious accidents for other drivers on the road.

Distractions

Like any other driver, big rig drivers can be distracted by their phones, food, or other distractions while driving, which can increase the risk of an accident.

Fatigue

Big rig drivers often work long hours and may be tired while driving. This can impair their ability to react to unexpected situations on the road and increase the risk of an accident.

II. Causes of big rig accidents

Driver fatigue

Driver fatigue is a common cause of big rig accidents, as long hours on the road can lead to drowsy or exhausted drivers. To combat this issue, trucking companies need to implement policies that ensure drivers have enough rest before getting behind the wheel.

Distracted driving

Distracted driving is another major cause of big rig accidents. This can include activities such as texting, eating, or adjusting the radio while driving. To prevent this type of accident, drivers must stay focused on the road at all times and avoid any distractions.

Improper training

Improper training can also contribute to big rig accidents. Trucking companies need to ensure that their drivers receive proper training and education before they get behind the wheel of a big rig. This can include training on defensive driving, proper load-securing techniques, and the operation of the vehicle itself.

Substance abuse

Substance abuse, including the use of alcohol or drugs, is another major cause of big rig accidents. Trucking companies should implement strict policies against substance abuse and conduct regular drug and alcohol tests to ensure their drivers are sober while on the job.

Poor vehicle maintenance

Poor vehicle maintenance is another factor that can contribute to big rig accidents. To prevent this type of accident, it is crucial for trucking companies to regularly maintain their vehicles and ensure that all parts are in good working order.

Improperly secured loads

Improperly secured loads can also cause big rig accidents. It is important for drivers to properly secure their loads to prevent them from shifting or falling off the vehicle while in motion.

III. The consequences of a big rig accident

Serious injuries or fatalities

One of the most significant consequences of a big rig accident is the potential for serious injuries or fatalities. Due to the size and weight of these vehicles, they can cause significant damage to other vehicles and pedestrians. Injuries from big rig accidents may include broken bones, head injuries, and internal bleeding, and in severe cases, death may occur.

Property damage

In addition to causing injury to people, big rig accidents can also result in significant property damage. This may include damage to the big rig itself, as well as damage to other vehicles involved in the accident. In some cases, buildings or other structures may also be damaged as a result of a big rig accident.

Traffic delays

Another consequence of a big rig accident is the potential for traffic delays. These accidents often result in lane closures and detours, which can cause delays for other drivers in the area. This can be especially frustrating for commuters who are trying to get to work or other important appointments.

IV. How to seek compensation after a big rig accident

Gathering evidence at the scene of an accident

It is important to gather as much evidence as possible at the scene of the accident, this can include taking photos of the damage to your vehicle, the big rig, and any injuries you may have sustained. You should also get the contact and insurance information for the truck driver and any witnesses to the accident.

Consulting with a personal injury attorney

It is a good idea to consult with a personal injury attorney after a big rig accident. An attorney can help you understand your legal rights and options and can represent you in negotiations with the trucking company or their insurance company.

Filing a claim with trucking company insurance

After consulting with an attorney, you may choose to file a claim with the trucking company's insurance. Your attorney can help you prepare and submit the claim, which should include documentation of the damages and injuries you sustained as a result of the accident.

Negotiating a settlement

If the trucking company or their insurance company agrees to a settlement, your attorney can help you negotiate the terms of the settlement. It is important to ensure that the settlement covers all of your damages and injuries, including any future medical expenses or lost wages.

Going to court as a last resort

If the trucking company or their insurance company refuses to offer a fair settlement, or if you are unable to reach an agreement, you may need to go to court to seek compensation. Your attorney can represent you in court and help you pursue the compensation you deserve.

V. Choosing a big rig accident attorney

Importance of hiring an attorney with experience in the area of law:

It is essential to find an attorney who has a track record of successfully handling big rig accident cases. Look for an attorney who has been practicing in this area of law for several years and has a strong reputation within the legal community.

Questions to ask when interviewing potential attorneys

When considering hiring a big rig accident attorney, it is important to do your due diligence and interview several potential candidates, here are a few questions you should ask:

What is your experience handling big rig accident cases?

What is your track record in types of cases?

How do you plan to approach my case?

How do you communicate with me throughout the legal process?

What are your fees and payment terms?

The role of an attorney in the legal process

Effective communication is crucial in any legal matter. Make sure to find an attorney who is willing to keep you informed and answer any questions you may have.

The role of the attorney in the legal process is to advocate for your rights and interests and ensure that you receive fair compensation for any injuries or damages you have sustained. They will handle all legal proceedings and negotiations, allowing you to focus on your recovery.

VI. Common defenses used by trucking companies

Claiming the driver was not at fault

One common defense used by trucking companies is to claim that their driver was not at fault for the accident. They may argue that the driver was following all traffic laws, that the accident was caused by another vehicle, or that the victim was acting recklessly. To prove that the driver was not at fault, the trucking company may present evidence such as eyewitness testimony, traffic camera footage, or the driver's logbook.

Arguing that the victim was partially to blame for the accident

Another defense used by trucking companies is to argue that the victim was partially to blame for the accident. This could include claiming that the victim was distracted, speeding, or failing to yield the right of way. The trucking company may present evidence such as cell phone records or witness testimony to support this argument.

Disputing the extent of the victim's injuries or damages

Finally, trucking companies may try to dispute the extent of the victim's injuries or damages. They may claim that the victim's injuries were not serious enough to warrant the amount of compensation being sought, or that the victim's damages were not caused by the accident. To support this defense, the trucking company may present medical records or expert testimony.

VII. Tips for preventing big rig accidents

Stay out of a truck's blind spots

Trucks have large blind spots, or areas where the driver cannot see other vehicles. These blind spots are typically located on the sides and rear of the truck and can extend up to 20 feet in front of the vehicle. If you are driving next to or behind a truck and cannot see the driver in the side mirror, likely, the truck driver cannot see you either. Avoid lingering in these blind spots, and make sure you can see the truck driver in their mirror before passing or merging.

Give trucks plenty of space when passing

Trucks take longer to accelerate and stop than passenger vehicles, so it is important to give them plenty of space when passing. Make sure you have a clear view of the road ahead before passing and do not try to squeeze past the truck on the shoulder or in an adjacent lane. Give the truck at least a full lane's width of space when passing, and do not try to pass too closely or too quickly.

Avoid cutting off trucks

Trucks require more space to make turns and change lanes, so it is important to avoid cutting them off or merging in front of them too closely. If you are driving behind a truck and see it signaling to change lanes, give the truck plenty of space to merge safely. Similarly, if you are driving in front of a truck and see it signaling to turn, slow down and give the truck plenty of room to make the turn.

Don't tailgate

Tailgating, or following too closely behind another vehicle, is dangerous in any situation, but it is especially hazardous when following a truck. Trucks can take longer to stop, so if you are following too closely and the truck needs to brake suddenly, you may not have enough time to react. Keep a safe distance when following a truck, and always make sure you have enough time and space to stop if necessary.

Keep a safe distance when following a truck downhill

Trucks can lose control and jackknife when going downhill, so it is important to keep a safe distance when following one on a steep slope. Stay at least several car lengths behind the truck, and be prepared to slow down or stop if the truck loses control.

VIII. Conclusion

 The importance of seeking legal representation after a big rig accident

After a big rig accident, it is essential to seek legal representation to protect your rights and ensure that you receive fair compensation for any damages or injuries sustained. A qualified attorney can help you navigate the complex legal system and negotiate with insurance companies on your behalf. They can also gather evidence and build a strong case to support your claim. Without legal representation, you may not receive the full compensation you are entitled to, or you may be taken advantage of by the other party's legal team.

The value of taking steps to prevent these types of accidents from occurring.

Preventing big rig accidents is crucial for the safety of all road users, as well as for minimizing the financial and emotional impact on those involved in the accidents. Several steps can be taken to reduce the risk of big rig accidents, including:

Ensuring that drivers are adequately trained and qualified to operate a big rig.

Maintaining and inspecting the vehicle regularly to ensure that it is in good working condition.

Implementing safety protocols, such as prohibiting distracted driving and enforcing safe driving practices.

Providing safety equipment, such as reflective vests and warning lights, to help other drivers see and avoid big rigs.