We Win Truck Accident Cases.

Why It’s Crucial to Have a Lawyer After a Truck Accident

An accident victim who has suffered harm in a trucking incident has the right to pursue compensation by filing a claim against the at-fault party for the losses sustained. 

The responsible party may include individuals or entities, ranging from truck drivers to larger operations such as trucking companies that employ them. However, the claims process is often complicated by insurance companies and their legal tactics. This makes the role of an experienced lawyer essential.

At DK Law, we’re not just another personal injury firm—we’re a nationally recognized team with a proven record of success in complex truck accident cases. Our work has earned accolades from prestigious organizations like The Motor Vehicle Trial Lawyers Association, The Trucking Trial Lawyers Association, and The Lawyers of Distinction—a testament to our relentless pursuit of justice for injury victims.

During your free, no-obligation consultation, we’ll review your accident and injuries and help determine the best path forward. Our firm works on a contingency fee basis, meaning you don’t pay anything unless we win your case.

Common Types and Causes of Crashes 

The National Safety Council states that 120,000 large trucks were involved in injury crashes in 2022. Notably, 5,837 large trucks were involved in a fatal accident that year. That is an almost 50% increase in the last 10 years. 

Trucking accidents can be caused by a variety of factors, which play a pivotal role in how settlements are determined. Some of the most common causes of truck accidents include the following:

1. Speeding or reckless driving
2. Distracted driving, multitasking, or engaging in other distractions
3. Driver fatigue (hours of service violations)
4. Driving while intoxicated
5. Overloaded or improperly secured cargo
6. Improper or lack of truck maintenance
7. Defective equipment or truck parts

Common Types of Truck Collisions

At DK Law, we routinely handle a wide range of serious truck accident cases. Below are the most common types of tractor-trailer collisions we see—and the factors that often cause them:

Jackknife Accidents 

These crashes happen when a truck’s trailer swings out at an angle to the cab, resembling a folding pocketknife. Jackknifes are often caused by sudden braking, slick road conditions, or driver error. 

Rollover Accidents

Due to their high center of gravity, tractor-trailers are vulnerable to tipping, especially on sharp turns, uneven surfaces, or during abrupt maneuvers. Overloaded or improperly balanced cargo increases the risk. 

Rear-End Collisions

Large trucks require more time and distance to come to a complete stop. Following too closely or distracted driving can result in rear-end crashes, often with devastating impact on smaller vehicles.

Underride Accidents 

Among the deadliest truck crashes, underride accidents occur when a smaller vehicle slides beneath the trailer. These often result from missing underride guards, poor visibility, or sudden stops.

Head-On Collisions

While less common, head-on truck collisions are often catastrophic. They typically involve fatigue, distracted driving, or crossing into oncoming traffic on narrow or rural roads.

Overloaded or Improperly Loaded Trucks 

When cargo is unevenly distributed or exceeds weight limits, it can make a truck unstable. This may lead to rollovers, brake failure, or cargo spilling onto the roadway, putting nearby drivers at serious risk.

Who Can Be Held Responsible?

Determining fault in a truck accident is often complex and may involve multiple parties. Liability can extend beyond just the driver; employers, manufacturers, and even third-party contractors may share responsibility. 

1. Truck Drivers

Commercial truck drivers are expected to follow strict safety standards when operating their vehicles. When they engage in reckless or negligent behavior, such as 

• Speeding
• Driving while fatigued
• Using a phone while driving
• Driving under the influence

— they can be held directly liable for any injuries or damage they cause.

2. Trucking Companies

Employers are responsible for ensuring their drivers are properly trained, supervised, and following federal and state safety regulations. Trucking companies may be held liable if they:

• Fail to maintain vehicles
• Encourage unsafe driving hours
• Neglect background checks or safety training
• Ignore signs of driver misconduct

If a driver violates company policies and causes a crash, both the driver and the company can be held accountable.

3. Vehicle and Parts Manufacturers

Defective equipment can lead to catastrophic accidents. If a faulty brake system, tire, or other mechanical failure caused or contributed to the crash, the truck’s manufacturer or its parts may be liable under product liability laws.

4. Cargo Loaders

Improperly loaded or unsecured cargo can shift during transit, causing rollovers, jackknife accidents, or lost loads. If a cargo loading team fails to balance or secure freight correctly, they could be held responsible for the resulting damage.

5. Third Parties

Sometimes, others on the road or behind the scenes may share fault. This includes:

• Maintenance crews who failed to perform necessary repairs
• Other reckless drivers whose actions caused the truck driver to react suddenly
• Government entities responsible for unsafe road conditions

Comparative Negligence Laws

Most U.S. states follow a comparative negligence rule, meaning that even if you share some fault for an accident, you can still recover damages. However, your compensation will be reduced according to your percentage of liability.

For example, if you were 30% at fault in a truck accident and your total damages were $100,000, you would still be eligible to pursue $70,000. In some states, if you are over 51% at fault, you are barred from recovering damages.

Serious Injuries from Truck Accidents – and How They Affect Your Life

Crashes involving tractor-trailers, 18-wheelers, box trucks, and other large commercial vehicles can cause severe injuries to occupants of smaller vehicles. Truck accident injuries are usually life-changing and very costly.

Common Truck Accident Injuries

At our firm, we have represented accident victims who have suffered the following types of serious injuries:

1. Traumatic brain injuries (TBI)
2. Broken bones
3. Internal injuries
4. Spinal cord injuries
5. Whiplash
6. Neck injuries
7. Amputations
8. Lacerations and burns
9. Emotional trauma 

What Losses Can I Recover?

Commercial trucks are typically 20 to 30 times heavier than passenger vehicles, significantly increasing the risk of serious injuries, fatalities, and substantial vehicle damage. 

After a truck accident, injured victims can pursue economic damages and non-economic damages. Punitive damages may also be awarded in a personal injury claim, though it is not common. 

Economic damages are measurable and objective monetary losses that can be calculated based on evidence such as receipts and invoices. They include:

• Medical bills
• Lost wages
• Property damage
• Physical therapy costs
• Car repair bills

Non-economic damages are subjective and non-monetary losses that reflect the physical and emotional impact of the injury on the person’s life. They include:

1. Pain and suffering
2. Mental distress
3. Emotional trauma
4. Disfigurement
5. Loss of enjoyment of life
6. Loss of consortium
7. Wrongful death

Punitive damages may be granted to the plaintiff at the discretion of the judge and jury. These damages are meant to punish the defendant for their intentional or negligent actions. The surviving family members of the victim can file a wrongful death lawsuit against the negligent truck driver or company.

How A Lawyer Protects You From the Insurance Company

After a truck accident, the trucking company and its insurance provider will likely move quickly to protect their own financial interests. Often, this means making you a lowball settlement, aiming to settle claims quickly and for much less than they’re truly worth. 

Before you speak with the insurance company, talk to an attorney. They can ensure your rights are safeguarded and help you secure the full compensation you deserve. Here’s how an attorney can shield you from the insurance company’s aggressive tactics: 

1. Protect Your Interests

An experienced lawyer will guide you on what information to share with the insurance company and, more importantly, what to avoid saying to prevent inadvertently harming your case.

2. Evaluate and Negotiate Settlement Offers

If you receive a settlement offer, your attorney will thoroughly evaluate it to determine if it’s fair. They’ll handle negotiations with the insurance company to seek a fair resolution that fully compensates you for your injuries, damages, and losses.

3. Advocate in Court if Necessary

If the insurance company refuses to offer a reasonable settlement or disputes liability, your attorney will be ready to take the case to court. They’ll fight for your rights and pursue the compensation you deserve through litigation.