Trucks are known for their massive size and weight. As a result, a truck crash can have catastrophic consequences that can instantly alter lives. The devastating impact of these accidents is unparalleled, resulting in severe injuries like spinal cord damage, traumatic brain injury, multiple fractures, and even fatalities.
In the aftermath, truck accident victims are physically and emotionally traumatized. There is potentially a long recovery, life-long physical injuries, rehabilitation, mounting medical expenses, lost wages, and many other damages. You are entitled to collect money for your injuries sustained through truck accident lawsuits.
Rhoades & Morrow has the truck accident attorneys you need to handle a truck accident claim. We provide the legal guidance you need to navigate the legal system, deal with the insurance company, and ensure you receive compensation from the liable parties.
Our dedicated team of truck accident lawyers is here to fight for your rights. We offer a free consultation to evaluate your case, and the circumstances of your truck accident case and protect your rights.
Our truck accident attorneys have seen all different types of truck accidents, are knowledgeable of truck accident law, and have handled many Delaware trucking accident cases on behalf of injury victims. Accidents can have a significant impact on your life and you may be entitled to recover compensation. A Delaware personal injury attorney with experience handling truck accident claims is the best course of action you can take to succeed in a Delaware truck accident lawsuit.
Due to the size, weight, and maneuverability of a semi-truck or other large commercial truck, there are many causes of devastating accidents with commercial vehicles.
Causes of truck accidents include:
Truck drivers often work long hours and may push their limits to meet tight delivery schedules. Fatigue can impair their ability to react quickly and safely to changing road conditions.
Truck drivers, like any other motorists, can become distracted by using their phones, adjusting GPS devices, or other distractions while driving.
Exceeding the speed limit or driving too fast for road conditions can lead to loss of control over the truck, especially due to its size and weight.
Incorrectly loaded or overloaded trucks can cause stability issues, making them more susceptible to rollovers or other accidents.
Inadequate training for truck drivers may result in improper handling of the vehicle, leading to accidents.
Truck accidents can also occur due to mechanical issues, such as brake failures or tire blowouts.
Adverse weather, such as heavy rain, snow, or ice, can make driving hazardous, especially for large trucks.
Potholes, uneven surfaces, and construction zones can contribute to trucking accidents if drivers fail to adjust their driving accordingly.
Operating a truck while under the influence of drugs or alcohol is a significant risk factor for accidents.
Tailgating, aggressive lane changes, and other aggressive behaviors increase the likelihood of accidents involving trucks.
This list is not exhaustive, and the specific causes of accidents can vary in individual cases. This is why it is crucial to consult with our truck accident attorneys. Once we evaluate your case, we can then identify the liable parties, such as truck drivers or trucking companies, and then consult with doctors and other traffic safety experts as needed to make as strong a case as possible when we file your truck accident claim.
Truck accidents have the potential to cause a myriad of injuries, some of which can be life-altering due to the sheer size and weight of commercial trucks. The specific types of injuries sustained in these accidents can vary depending on various factors, including the collision circumstances, the vehicles involved, such as smaller vehicles and passenger cars, and the safety measures taken by the occupants.
Common types of injuries in truck accidents include:
Traumatic Brain Injuries (TBIs): These occur when the head is subjected to a sudden impact or violent motion, leading to damage to the brain. TBIs can range from mild concussions to severe and permanent brain damage.
Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting various body functions and mobility.
Fractures and Broken Bones: The force of impact in truck accidents can lead to fractures and breaks in various bones, such as arms, legs, ribs, and pelvis.
Internal Injuries: Blunt force trauma from a truck accident can cause damage to internal organs, leading to internal bleeding and other serious complications.
Neck and Back Injuries: Whiplash and other soft tissue injuries in the neck and back are common in rear-end collisions and sudden stops.
Burns: In accidents involving fuel tank explosions or fires, victims may suffer severe burns, which can lead to disfigurement and long-term medical treatment.
Crush Injuries: When a smaller vehicle collides with a large truck, occupants can be subjected to crushing forces, resulting in severe injuries to the limbs and body.
Amputations: Serious accidents may necessitate amputation of limbs due to severe damage or to prevent life-threatening complications.
Psychological Trauma: Truck accidents can lead to emotional and psychological distress, such as post-traumatic stress disorder (PTSD) and anxiety, which may require therapy and counseling.
Fatalities: Unfortunately, truck accidents often result in fatalities due to the significant force involved.
It’s important to seek immediate medical attention after a truck accident, even if injuries seem minor initially, as some injuries may manifest or worsen over time. As the injured party, you must obtain medical treatment and retain all your records.
If you or a loved one have been involved in a truck accident, consulting with an experienced truck accident lawyer can help protect your rights and ensure you receive the appropriate compensation for your injuries and damages.
After a truck accident, several parties may be held liable, depending on the specific circumstances of the truck accident. Identifying the responsible parties is essential to pursue a personal injury claim and seeking compensation for your injuries and damages.
The liable parties in a truck accident may include:
If the accident resulted from the truck driver’s negligence or driver error, such as speeding, distracted driving, or driving under the influence, the driver may be held personally liable.
In many cases, the trucking companies that employ the driver can also be held responsible for the accident. This is often under the legal doctrine of “vicarious liability,” which holds employers responsible for the actions of their employees while performing job-related duties.
If the truck involved in the accident is owned by truck companies or individuals other than the driver, the owner may share liability, especially if the accident resulted from poor vehicle maintenance or equipment failure.
In some cases, the company responsible for loading the truck’s cargo may be held liable if the accident was caused by improperly loaded cargo or cargo shifts.
If the accident was caused by mechanical failure due to inadequate maintenance or repairs of the commercial trucks, the company responsible for maintaining the truck may be held liable.
If the accident was a result of a defective truck part or component, the manufacturer of that part may be held liable under product liability laws.
If the accident occurred due to dangerous road conditions or inadequate signage, a government agency responsible for road maintenance and safety might be held liable.
Determining liability in a commercial trucking crash can be complex, involving thorough investigation and analysis of evidence. It is crucial to work with experienced truck accident lawyers who understand the laws in Delaware and can help identify the responsible parties to ensure you receive the compensation you deserve for your truck accident injury and losses.
After a truck accident, it’s essential to take certain steps to protect your safety, gather crucial evidence, and ensure that you have the necessary information for any potential legal or insurance claims.
Here’s a step-by-step guide on what to do after a truck accident:
Check for Injuries: First and foremost, check yourself and others involved in the accident for injuries. Call 911 immediately if anyone requires medical attention.
Move to a Safe Location: If possible and without risking further injury, move your vehicle to the side of the road or a safe area to avoid obstructing traffic and prevent additional accidents.
Call the Police: Regardless of the accident’s severity, always call the police to report the incident. Request a police report to document the details of the accident.
Exchange Information: Exchange contact and insurance information with the truck driver and any other parties involved in the accident. Also, gather contact information from any witnesses present.
Document the Scene: If you are able, take photos or videos of the accident scene, vehicles, injuries, road conditions, and any relevant details that might help in the future.
Avoid Admitting Fault: Be cautious about what you say to others at the scene including the truck driver and others. Avoid admitting fault or making statements that may be used against you later.
Seek Medical Attention: Even if you don’t believe you are seriously injured, it’s crucial to get checked by a healthcare professional. Some injuries may not be immediately apparent.
Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate and factual information about the incident.
Consult with a Truck Accident Lawyer: Reach out to an experienced truck accident lawyer in Delaware. A truck accident attorney can advise you on your rights and guide you through the legal process to ensure you receive fair compensation.
Preserve Evidence: Keep any relevant documents related to the accident, such as medical records, repair estimates, communication with insurance companies, and any accident report.
Avoid Settling Too Quickly: You may be contacted by an insurance company for the trucking company. Refrain from settling with insurance companies or other parties before consulting with a truck accident lawyer. Premature settlements may not adequately cover all your damages.
Follow Medical Advice: Comply with all medical treatments and recommendations from your healthcare providers to aid in your recovery and establish a clear record of your injuries.
Remember that truck accident cases can be complex, and having a skilled truck accident lawyer on your side can make a significant difference in protecting your rights and obtaining the compensation you deserve.
A truck accident attorney can guide you through the legal process, investigate the accident thoroughly, gather evidence, determine liability, and negotiate with insurance companies on your behalf. They will ensure your rights are protected and work to secure fair compensation for your injuries, damages, and losses.
In Delaware, the statute of limitations for personal injury claims, including truck accidents, is generally two years from the date of the accident. It's crucial to consult with a lawyer as soon as possible to ensure your claim is filed within the required timeframe.
Yes, Delaware follows a modified comparative fault system. As long as your percentage of fault is less than 51%, you can still recover compensation for your damages. However, your awarded compensation will be reduced in proportion to your degree of fault.
Many truck accident lawyers work on a contingency fee basis, which means they only receive payment if they win your case. They typically take a percentage of the settlement or verdict as their fee, and there are no upfront costs for you.
It's essential to be cautious when dealing with insurance companies directly. Before accepting any settlement offer, consult with a truck accident lawyer. Insurance companies often try to minimize payouts, and an attorney can evaluate whether the offer is fair and sufficient to cover all your damages.
Trucking accidents change your life, but a truck accident law firm and an experienced legal team of personal injury lawyers can help. If you were involved in a collision in Delaware, speak with our truck accident lawyers to discuss your case. Call us at (302) 427-9500 or contact us online to schedule a free consultation with an experienced lawyer. Our law firm is located in Wilmington, Newark, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.