truck accident lawyers

Truck accident lawyers are more aware than most that accidents involving trucks are usually very traumatic and the recovery can be very painful.

If you have been involved in an accident with an 18-wheeler, chances are you will incur costs and complications that last far beyond the initial accident. 

Most clients want to know what to expect after the accident.

The Initial Claims Process

The importance of filing the proper paperwork for the initial claim cannot be overstated.  The initial claim needs to describe both the accident and its aftermath. 

Until you get your attorney on board, you need to keep up with everything you can, including police reports, accident photos, contact information from eyewitnesses, and insurance information for everyone involved in the accident. 

The other documentation you will need includes records from emergency responders, medical records from emergency rooms and hospital costs, and all other types of medical records.

How to Choose the Right Attorney

Choosing an attorney is a critical stage in an accident case. Personal injury cases have many details that can be overlooked. 

The personal injury lawyers at the Cottrell Law Office are dedicated to seeking justice on behalf of accident victims.  

We understand that everyone should be held responsible for acting in a way that does not endanger others.

When people fail in this important duty and someone is injured, the accident victims should be able to obtain compensation.

Common Injuries Following a Truck Accident

Large truck accidents often lead to serious injury.

Truck accident lawyers know the potential for long-term, disabling injuries is much greater than a collision between two passenger vehicles.

Some of the most common injuries resulting from large truck accidents include brain and spinal injuries, neck injuries, internal injuries, burns, broken bones, and amputations. 

In the most serious situations, death can occur.

Brain and Head Injuries

Brain and head injuries are among the most serious and devastating injuries sustained by truck accident victims.

Symptoms of head injuries following an accident can include loss of memory, chronic headaches, vision changes, and changes in cognition or mental capacity.

Brain and head injuries can include concussions, bleeding, bruising, and swelling of the brain.

Traumatic brain injuries are often catastrophic, resulting in loss of quality of life and long-term mental impairments.

Neck Injuries

Truck accident victims often suffer neck injuries, as do most victims of motor vehicle collisions.

These injuries can range from minor whiplash-type injuries to more serious injuries like cervical herniation and fractures. 

The worst injury that could result is a severed or severely damaged spinal cord, which would result in paralysis.

Back and Spinal Cord Injuries

The spinal cord and back are often more susceptible to severe injury in a trucking accident.

Spinal cord injuries can cause loss of feeling or function in the extremities.

Compression of the spinal cord, which occurs often in a truck accident, can cause extreme pain, loss of range of motion, and even partial or total paralysis.

Internal Injuries and Broken Bones

It is quite common for the impact of a truck accident to cause internal organ injuries, which are often life-threatening and require immediate medical treatment.

Recovering from these types of traumatic injuries can require transplants or intensive rehabilitation.

Broken or fractured bones are painful and can cause a host of medical problems if not treated properly or they do not heal correctly.

Amputations

Amputation or loss of a body part is, no doubt, one of the most devastating injuries that can result from a catastrophic truck accident.

These injuries usually require long-term physical therapy, prosthetics, and often include some form of psychological trauma.

Burn Injuries

Burns or other injuries due to toxic chemicals are very common in accidents that involve large commercial trucks that were hauling hazardous or flammable materials.  

In the event of a truck accident, the occupants of the other vehicle involved can be exposed to such chemicals or burned by fires. 

Burns are painful and often lead to permanent disfigurement.

Inhalation of toxic chemicals can also lead to permanent lung damage.  Unfortunately, the full effects of inhalation injuries may not be evident for years to come.

Who Do You Sue in Truck Accident Cases?

Determining who is at fault in any kind of traffic accident can be difficult.  There are often rules or guidelines that tell motorists how they are supposed to drive. 

However, not all of these rules apply in every situation.  Also, there are other ways for individuals to become liable for an accident, even if they were not driving. So, who do you sue in truck accident cases?

Not all violations are obvious

In the best cases, a violation of a traffic rule will be obvious, and the cause of the accident clear; like when a driver runs a stop sign and crashes into someone else.  But in many cases, including trucking accidents, the violation may be less obvious.

If you are the victim of a trucking accident, figuring out who is responsible for your injuries can be complex. There are often many different people or companies that could be liable. 

In every truck accident case, you should consider the possible liability of the following:

  • the driver of the truck,
  • the owner of the truck or trailer,
  • the person or company that leased the truck or trailer from the owner,
  • the manufacturer of the truck, tires, or other equipment that may have caused the accident, and
  • the shipper or freight loader, when injuries were caused by truck’s cargo.

Consulting with a personal injury attorney, who is experienced in truck accident cases, is your best option.

Can Trucking Companies Avoid Liability?

Many trucking companies have tried to avoid liability by distancing themselves from either the driver, the vehicle or of the equipment. 

If the company only obtains the permits necessary to operate the truck, it does not need to own the tractor, trailer, or hauling equipment.  Those things are leased from someone else. 

Also, the trucking company will not directly hire drivers as employees, but simply employ them as independent contractors.

This way, if the truck is involved in an accident, the trucking company will argue that the driver was not an employee, so the company cannot be held liable.  It can also argue that, since it does not own any of the equipment, it is not responsible for inspection, maintenance or repair of that equipment.

Federal laws and regulations change who you can sue in truck accident cases

In the face of these unfair defenses, federal laws and regulations were created that make it nearly impossible for trucking companies to avoid liability in that way.

Under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has the company’s name displayed. This is true regardless of what the lease may say, or whether the driver is an independent contractor.

Contact Our Truck Accident Attorneys

If you have questions regarding truck accidents, or any other personal injury concerns in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation, either online or by calling us as (888) 433-4861.

Author Photo

Wesley Cottrell

Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.

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