Introduction: The Complexity of 18-Wheeler Accidents
Accidents involving 18-wheelers are amongst the most serious and life-changing incidents on the road (Large trucks). They are also some of the most complex to get resolved. The reason? They require special knowledge of trucking laws, regulations, and accident investigation. Although resolving any car accident claim can be overwhelming, dealing with an 18-wheeler claim has its own, and very unique, challenges. Without the guidance of an experienced 18-wheeler accident attorney, victims often struggle to get the compensation they truly deserve in a timely manner, if ever.
If you’ve been involved in an 18-wheeler accident, you may feel like you’re being held against a wall. When you’re suddenly faced with serious injuries and medical treatments, all while dealing with multiple insurance companies, mountains of paperwork, deadlines, and complex trucking laws; the process can feel overwhelming. It can seem impossible to handle on your own. With foreign physical and emotional demands, coupled with a strict timeline, you really are being held against that metaphorical wall.
However, hiring an experienced 18-wheeler accident attorney can make all the difference in your 18-wheeler accident case. By specializing in the unique regulations of trucking and accident reconstruction, Mandy Rodriguez Law has the knowledge and experience to advocate to make sure victims receive their maximum and reasonably fair settlement. Without the assistance of an 18-wheeler accident attorney like Mandy the Lawyer, victims run the risk of settling their 18-wheeler accident case for an amount that is far less than they may deserve, which would yield a comprise in their entire recovery.
Understanding the Dangers of 18-Wheeler Accidents
The dangers posed by 18-wheelers are not to be underestimated. According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 5,000 large truck accidents occur annually in the United States, with many resulting in serious injury or death (Large Truck and Bus Crash Facts | FMCSA). Some of the main factors that make these accidents particularly dangerous include:
- Size and weight differences: The average weight of a typical passenger car is about 2,500 to 4,200 pounds (Average Weight Of A Car) and the average weight of a motorcycle is about 300 to 800 pounds (Average Motorcycle Weights Based on Bike Type, Features & Size). The average weight of an 18-wheeler with cargo is about 50,000 to 80,000 pounds (Texas Size/Weight Limits | TxDMV.gov). This means that an 18-wheeler is roughly 20 times heavier than the standard passenger car; the difference is even larger with motorcycles. This enormous difference in weight alone is a big reason why accidents involving 18-wheelers present a significant danger to drivers in passenger cars and motorcycles.
In addition to the huge weight difference, there is the inherent size difference. The average length of a passenger car is 12 to 16 feet long. In contrast, the average length of an 18-wheeler is 70 to 80 feet long. This means that an 18-wheeler is roughly 5 to 6 times longer than the average passenger car. To make things more tangible, a passenger car is similar to a bicycle – small, lightweight, and offers little protection to the occupant(s). On the other hand, an 18-wheeler is comparable to a freight train – big, heavy, and made of strong steel. If a freight train were to crash into a bicycle, it would be completely crushed.
This is just another reason why accidents involving passenger cars and 18-wheelers can be catastrophic. The results are severe, ranging from life-changing injuries to fatalities.
- Truck driver fatigue: Truck drivers often work long hours in an attempt to meet deadlines, leading to exhaustion and compromised judgment. As a result, fatigued driving is one of the leading causes of truck accidents. The FMCSA has made rules to prevent this by limiting how long someone can drive an 18-wheeler (Summary of Hours of Service Regulations | FMCSA). However, in my experience as an 18-wheeler accident attorney, accidents are still happening and driver fatigue appears to be a major cause of these crashes.
Cargo shifts and unsecured loads: The FMCSA published new rules regarding cargo securement after a multi-year research program (Cargo Securement Rules | FMCSA). However, these rules are often ignored, and loads may exceed weight limits. Additionally, improperly loaded or unsecured cargo can shift during travel, causing the truck driver to lose control of their vehicle. Moreover, in some cases, oversized loads that do follow precautions are still hazardous and pose dangers as the size of the load can block the visibility for other drivers and increase the distance needed to safely stop.
Given these factors, the impact of an 18-wheeler accident is often far more severe than typical passenger car accidents. Victims can face long-term medical injuries and treatment, lost wages, and substantial emotional distress. All of these combined factors make it even more important to have a skilled 18-wheeler accident attorney like Mandy the Lawyer.
Why You Can’t Rely on General Lawyers for 18-Wheeler Accidents
18-wheeler accident cases are vastly different from standard car accident cases. While general personal injury attorneys may have experience handling car accidents, the complexity of 18-wheeler accidents requires specialized knowledge in several areas, including:
- Federal trucking laws: Trucking companies must comply with federal regulations set by the FMCSA, resulting in a tricky field to navigate successfully. These federal regulations include weight limits, routes, and insurance requirements. In addition, they govern everything from driver qualifications to how long they can drive before taking rest breaks, which heavily dictate how your personal injury claim will proceed and be resolved.
- State trucking laws: A skilled 18-wheeler accident attorney is familiar with the industry standards that truck drivers and companies must adhere to, such as routine maintenance schedules, weight limits, and safety procedures. These trucking laws, which can vary depending on location, are general guidelines that are created to promote safety and best practices.
- The role of multiple parties: In many 18-wheeler accidents, more than one party can be at fault. The driver, trucking company, vehicle manufacturer, and even the loading company can all bare responsibility for the crash. A general personal injury attorney will not be equipped to investigate all parties involved or identify who is truly at fault.
Because of the specialized nature of these cases, having an 18-wheeler accident attorney with a track record of experience and success ensures that all aspects of the case are properly handled, all responsible parties are held accountable, and the victims receive fair compensation.
Investigating the Complex Causes of 18-Wheeler Accidents
One of the key aspects of any truck accident case is determining the cause of the crash. Unlike standard passenger vehicle accidents, 18-wheeler crashes often involve a variety of contributing factors. Here is a list of just some of those factors:
- Driver error or negligence: Driver fatigue, speeding, distracted driving, or driving under the influence are some of the common causes of trucking accidents (The Large Truck Crash Causation Study – Analysis Brief | FMCSA).
- Mechanical failure: Lack of, or poor, truck maintenance such as worn-out brakes or tire blowouts can lead to 18-wheeler accidents (FMCSA).
- Cargo-related issues: Improperly secured or overloaded cargo can cause the cargo to shift and cause the 18-wheeler to become unstable or possibly tip over (The Large Truck Crash Causation Study – Analysis Brief | FMCSA).
- Weather conditions: 18-wheelers are more susceptible to bad road conditions such as rain, snow, fog, oil spills, or pavement changes due to their size and weight (The Large Truck Crash Causation Study – Analysis Brief | FMCSA). In optimal driving conditions, 18-wheelers are slow to brake or change direction, and bad road conditions increase reaction time and decrease their ability to take evasive action.
A skilled 18-wheeler accident attorney like Mandy the Lawyer understands how to investigate all possible causes of a crash. She can work with accident reconstructionist, review 18-wheeler maintenance records, obtain and review all video within the 18-wheeler, and interview eyewitnesses to piece together the facts to determine the parties at fault.
The Importance of Evidence in 18-Wheeler Accident Cases
In any personal injury case, evidence is incredibly important, but it is especially vital in 18-wheeler accident claims. A skilled 18-wheeler accident attorney knows how to preserve and gather critical evidence to build a strong case. Some important forms of evidence that can build an 18-wheeler accident case include:
- Black box data: Commercial trucks are often equipped with event data recorders (EDRs), or “black boxes” (Round Rock, Texas, Do All 18-Wheeler’s Have Event Data Recorders? | USAttorneys.com). This equipment records vital information such as speed, braking, and driver behavior in the moments leading up to an accident. This data can be invaluable in proving fault.
- Driver logs: Truck drivers are required to keep logs of their driving hours and rest periods (FMCSA). These logs can reveal if the 18-wheeler driver was fatigued and/or violated federal regulations.
- Witness statements and dashcam footage: Eyewitness accounts, video footage from dashcams, or 18-wheeler cameras can provide key insights into the moments leading up to an accident.
- Maintenance records: While determining if mechanical failure contributed to a crash, maintenance records can show if the trucking company properly maintained the 18-wheeler.
Mandy the Lawyer, an experienced 18-wheeler accident attorney, knows how to obtain this evidence quickly and before it is lost or altered. This early collection of evidence can be crucial in supporting your case and maximizing compensation.
Navigating Insurance Companies and Settlements
After an accident with an 18-wheeler, victims will likely deal with multiple insurance companies including those representing the truck driver, the trucking company, and possibly a third-party cargo provider. This can become difficult and confusing to know which insurance company to negotiate with to settle your claim. Insurance companies have been known to sometimes use aggressive tactics to minimize payouts, even when the victim is clearly not at fault.
A skilled 18-wheeler accident lawyer understands how these companies operate and can challenge their efforts to minimize your settlement. When you hire an experienced 18-wheeler accident attorney, such as Mandy Rodriguez Law, they will:
- Negotiate for fair financial compensation: Mandy Rodriguez Law will know how strong your case is, which ensures you are not shortchanged by an insurance company and get you the maximum settlement you deserve. Insurance companies often offer settlements quickly, hoping victims will accept without fully understanding the extent of their injuries, damages, or the full value of their personal injury claim. Your 18-wheeler accident attorney will work to make sure you receive the maximum compensation you deserve.
- Ensure access to proper medical treatment: Ensuring access to proper medical treatment is crucial for your recovery. Access to experienced medical providers ensures your injuries are quickly and accurately diagnosed and treated. In addition, it helps with healing but is also important to document your injuries for your case to ensure you have accurate records to support your claim. This ensures you receive the correct compensation for your injuries.
- Advocate for your best interests: A skilled 18-wheeler accident attorney will calculate both economic and non-economic damages including medical expenses, lost wages, pain and suffering, and future care costs.
An 18-wheeler accident attorney experienced in trucking accidents has the negotiation skills needed to handle these companies and ensure a fair outcome. Mandy the Lawyer will make sure you are treated like family.
The Role of Expert Witnesses in Trucking Accident Cases
18-wheeler accident cases often require expert witnesses to establish critical points of your claim. Experts can provide testimony and analysis on aspects of the case that are outside the average person’s understanding. An expert witness is a person who has knowledge in a specific area and may be called to testify about their expertise to help explain something that is complicated or disputed. They give their opinion, based on their knowledge and expertise, about a fact in a case to help the judge and jury understand in your favor.
Some key experts involved in trucking accident cases include:
- Accident reconstructionist: These professionals can recreate the crash scene to determine how the accident occurred and which party is at fault. They will paint an accurate picture of what happened without any biases.
- Trucking safety experts: Experts in the trucking industry can explain whether the trucking company or driver violated safety regulations and/or best practices.
- Medical experts: If you have sustained serious injuries, medical experts can testify to the extent of your injuries and the long-term impact on your life.
- Vocational experts: In cases of severe injury, vocational experts can assess your ability to return to work and help determine lost future earnings. While medical experts focus on health and recovery, vocational experts focus on the impact of the injury on work and earning capacity.
These expert witnesses can make a significant impact on the outcome of your case by providing credible, detailed evidence that supports your position. An experienced 18-wheeler accident attorney would have these important players at her disposal.
Maximizing Compensation: What an Experienced Attorney Can Do for You
The goal of hiring a skilled 18-wheeler accident attorney is to maximize your compensation. Truck accidents often result in severe and catastrophic injuries that require ongoing medical care, physical therapy, and rehabilitation. An experienced 18-wheeler accident attorney will work diligently to ensure you are fully compensated for:
- Medical expenses: Including hospital stays, surgeries, and long-term care.
- Lost wages: If your injuries prevent you from returning to work, you may be entitled to compensation for lost earnings.
- Pain and suffering: Emotional distress, physical pain, and a diminished quality of life are all factors that should be considered in your compensation.
- Punitive damages: In cases where the truck driver and/or trucking company were particularly negligent (such as driving under the influence or violating regulations), punitive damages may be awarded to punish the wrongdoers and deter future misconduct.
A skilled 18-wheeler accident attorney will ensure all of these factors are considered when seeking compensation, ensuring that you are made whole after the accident.
Dealing with Legal Deadlines and Statutes of Limitations
Every personal injury claim is subject to a statute of limitations, which is the deadline by which you must file your lawsuit otherwise it is “game over”. In trucking accident cases, this timeline can be complex because multiple deadlines must be calculated and met. Additionally, multiple parties may be involved, such as the driver and their insurance, the owner of the trailer and their insurance, and the owner of the cab of the 18-wheeler and their insurance. Moreover, evidence must be collected quickly.
For example, requesting video from dashcams within the cab of the 18 wheeler, EDR information, maintenance logs for the cab, driving logs and driving records, and much more. Missing a deadline could mean losing your right to pursue a claim altogether, which means game over and your right to any compensation is lost. Forever.
A skilled 18-wheeler accident attorney will ensure that all legal deadlines are met, preserving your right to compensation and allowing your case to move forward without unnecessary delays.
Conclusion: Why You Deserve the Best Legal Representation
18-wheeler accidents are complex and often involve significant injuries and fatalities, complicated legal issues, and multiple liable parties. To navigate this complexity and ensure you are fully compensated for your injuries and losses, you need the expertise of a skilled 18-wheeler accident attorney.
From challenging insurance companies to providing medical treatment, an experienced attorney will guide you through every step of this process. Don’t settle for less than you deserve — contact a skilled 18-wheeler accident attorney today to discuss your case and protect your rights.
With a proven track record of successfully handling complex cases, Mandy Rodriguez Law brings years of extensive expertise and sympathy for victims of 18-wheeler accident cases. As a result, she ensures you get the best possible outcome. Mandy Rodriguez Law is dedicated to securing the compensation you deserve while guiding you through every step of your legal and healing process. Trust Mandy Rodriguez Law’s expertise to fight for your rights and provide the personalized attention your case needs.