If a semi truck accident happens at work, can an injured victim sue for more money than is recoverable under workers’ compensation?
To recover money beyond what is available under workers’ compensation in a workplace accident, the accident had to be caused, at least in part, by a third party (i.e., not the worker’s employer). These are called third-party claims. If the accident victim survives, the claim will be for bodily injuries, including pain and suffering. If the accident victim does not survive, the family can sue under state wrongful death laws.
The following are some examples of third party claims for personal injury or wrongful death resulting from an accident with a semi truck:
- The semi truck driver worked for a company that did not employ the person injured or killed in the accident. In that case, there could be third-party claims against the semi truck driver, his or her employer, the shipper of the freight being hauled by the semi trailer, and possibly others.
- The accident was caused by poor maintenance on the semi truck done by a third-party maintenance company. The maintenance company could be sued.
- The accident was caused by a defective or poorly designed truck part. In that case, the manufacturer of the defective part and the manufacturer of the semi tractor or trailer could be held responsible.
These cases almost always require an independent investigation by the attorney for the accident victim or family. Accident reconstruction experts, engineers and others generally need to be hired to determine what caused the accident and who was at fault. In addition, an analysis of the facts and special laws governing semi trucks needs to be done.
I have helped many accident victims and families obtain compensation from negligent truck drivers, trucking companies, manufacturers and others. An initial consultation is free, and if you decide to hire me, you don’t have to pay for my legal services unless you win. To contact me, call 1-888-377-8900 (toll free) or submit our free consultation form.
Attorney Eric Hageman has won millions for accident victims and is a member of the American Association for Justice (AAJ) Interstate Trucking Litigation Group. He has been given the highest rating by Martindale-Hubbell for an attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
If an accident report states that I was at-fault for an accident with a semi truck, can I still recover money in a lawsuit?
First, just because an accident report states that you were at fault does not mean you were actually at fault. In fact, accident reports often get it wrong. Recently, my colleague Fred Pritzker and I just won a $2,469,339 trial verdict for a family whose loved one was killed by a semi trailer while riding her bike. The consensus of the investigating police officers had been that the bicyclist should have seen the truck and that the accident occurred because the bicyclist was unable to remove her feet from her new clipless bicycle pedals.
Our investigation of the case revealed, however, that the accident had not occurred as the truck driver had initially claimed. Among other things, after we obtained the truck driver’s logbooks, we were able to determine that there were numerous falsifications, which should have caused the driver to be out of service at the time of the accident. Moreover, during the truck driver’s deposition, we forced him to concede that he had failed to monitor his right outside mirrors during his turn. This failure was compounded by the truck driver’s admission that he believed he was pulling a 48-foot trailer, as opposed to a 53-foot trailer. Ultimately, the jury came to a completely different conclusion from the accident report about what really happened in the accident.
In addition, even if you were partially at fault for the accident (less than 50%), you may be able to prevail in a lawsuit if the semi truck driver was more at fault for the accident than you were. This is called “comparative fault,” and any damages awarded would then be reduced proportionately by your degree of fault.
Truck accident cases should be handled by attorneys with experience in truck cases. This is true for some of the following reasons:
- Determining the degree of fault can involve complex legal and factual issues.
- Very likely forensic engineers, accident reconstruction specialists and other expert witnesses will need to be hired to help prove the case.
- If you, the semi truck driver and other parties are all at fault, the case becomes exponentially more complex.
- How the case is presented to a jury will be critical.
- In comparative fault cases, your attorney will have to request the judge to give special instructions to the jury regarding damages and liability.
Attorney Eric Hageman represents accident victims nationwide. His offices are in Minneapolis, Minnesota. To contact Eric for a free consultation, call 1-888-377-8900 (toll free) or submit our free consultation form.
How important are FMCSA regulations in my accident case against a semi truck driver and trucking company?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate commercial trucking industry. Any attorney handling a truck accident case needs to be very familiar with the Federal Motor Carrier Safety Regulations – “the trucker’s bible.” In every truck accident case we are involved in, we are seeking to prove violations of these federal regulations. It is absolutely essential that a lawyer in a truck accident case knows these regulations inside and out.
Below, I have listed a few of the areas regulated by FMCSA:
- Hours of Service. A commercial truck driver’s driving and off-duty time is required to be recorded in the driver’s daily log. A good truck accident lawyer will analyze the driver’s log to determine if the truck driver violated FMCSA hours-of-service regulations.
- Truck Driver Drug and Alcohol Use. FMCSA regulations require interstate trucking companies to implement a successful controlled-substances-use-and-alcohol-misuse program. This requirement is meant to prevent truck accidents caused by drunk truck drivers and drivers who are taking drugs.
- Driving Requirements. A driver may not operate a commercial truck if, for example, the driver knows that the truck is not in good working order.
- Truck Driver Qualifications. The regulations prohibit a trucking company from permitting an unqualified person to drive a commercial truck; for example, a person with a revoked or suspended license or one who is medically unfit.
- Truck Parts and Accessories. FMCSA also has detailed requirements regarding parts and accessories (tires, brakes, etc.) necessary for safe operation. In every accident case we handle, we will look at whether the accident was caused, even in part, by improperly maintained equipment, lack of safety equipment or any other equipment-related issue.
- Insurance. Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.
Attorney Eric Hageman represents accident victims nationwide. His offices are in Minneapolis, Minnesota. To contact Eric for a free consultation, call 1-888-377-8900 (toll free) or submit our free consultation form.
How do I find the best lawyer for my semi truck accident case?
Although both semi truck accidents and car accidents can be serious, life-altering events, the legal case arising from a commercial truck accident is A LOT different from a typical car accident case. As a result, you need a different kind of lawyer to represent you in a semi truck accident case. Here are some of the things you might want to look for as you search for a lawyer in your truck accident case:
- A lawyer who has successfully obtained compensation for truck accident victims and their families. Our law firm has won several multimillion dollar settlements and verdicts against commercial truck companies.
- Commercial trucks are very highly regulated and any attorney handling a truck accident case needs to be familiar with the Federal Motor Carrier Safety Regulations – “the trucker’s bible.” In every truck accident case we are involved in, we are seeking to prove violations of these federal regulations. It is absolutely essential that a lawyer in a truck accident case knows these regulations inside and out.
- An accident lawyer that works for a law firm with substantial resources. The fact is, truck accident cases are expensive. If you hire a law firm that can’t afford to do all the things necessary to prove your case (e.g., hiring the best experts), the end result might not be what you expected. Our law firm uses the latest technology and experienced expert witnesses to obtain the best results for our clients. Our investigators dig until we are satisfied that there is nothing else to find. Our lawyers pursue evidence through every possible legal channel to make sure we get every relevant document and get the testimony of everyone who has relevant information.
- A law firm that takes care of its clients and their families. We make sure our injured clients get the best medical care. We take care of all issues pertaining to the accident and the resulting injury or death, including filing social security forms and all other state and federal forms. We know what needs to be done, and we do it.
- A lawyer who listens to you. It is not possible to understand a client’s needs, pain or loss without listening to the client and the client’s family.
- You should choose a lawyer you feel you can trust.
What legal rights do I have if I am hit by a drunk semi truck driver?
In general, you have the right to sue a commercial truck driver, the trucking company and others if the driver of the commercial truck was at fault for an accident in which you were injured or a loved one was killed. If the truck driver had been drinking alcohol before the accident, you may also have a dram shop claim against a bar, restaurant or other establishment that served the truck driver alcohol.
What is a dram shop claim?
In 18th Century England, thousands of so-called “gin-shops” sold homemade gin by the dram (about a spoonful). When the King of England decided to tax the sale of gin, these “dram shops” quickly went underground in an effort to avoid paying taxes. Today’s legal system considers any establishment selling liquor illegally as a modern day equivalent of these “dram shops” of the 1700’s. The law holds these establishments responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person. In addition to bars and liquor stores, these establishments can include restaurants, social clubs, and sometimes even private events where liquor is sold.
Generally, “dram shops” are liable when they have violated a law or regulation in the state where the liquor was served. Examples include the following:
- Selling alcohol to an obviously intoxicated customer;
- Selling alcohol without a license to do so;
- Selling alcohol after hours; or
- Selling alcohol to a minor.
I have represented many victims of drunk driving accidents and their families. Our goal in these case – and in all of our cases – is both to help our clients get on with their lives but also to hold accountable all of the parties who caused the harm to our clients. In many cases, that means not only the drunk driver, but also the dram shop whose illegal sale contributed to the accident.
PritzkerOlsen semi truck accident attorneys have experience winning settlements and verdicts against trucking companies whose 18 wheelers cause personal injury or wrongful death.
How do I sue a trucking company for personal injury or wrongful death?
In general, you can bring a lawsuit against a trucking company if the driver of the semi truck was at fault for an accident in which you were injured or a loved one was killed. However, unlike a typical automobile accident, truck accidents can be caused by a number of different factors and involve an even larger number of potentially responsible parties. Knowing WHO to sue is critical, as the potential defendants can include everyone from the truck driver, the trucking company and the owner of the tractor and trailer to the shipper and even the manufacturer of a defective truck component (tires, brakes, etc.).
These and other issues will be part of our comprehensive investigation of the case, prior to filing a lawsuit. From the moment an accident happens, the trucking company will send out its investigative team. Their job is to do whatever they can to reduce the trucking company’s liability, not to prove the case for you. To counteract this, we want to begin our own investigation as soon as possible, which may include having an expert inspect the scene of the collision and the vehicles involved, downloading the “black box” data from the truck, interviewing witnesses and generally preserving evidence before it is lost. To help preserve evidence, we also send out what’s known as a “spoliation letter” right away. Spoliation is the destruction of evidence and a spoliation letter informs the trucking company of the documents and things it must keep and preserve prior to a lawsuit being filed. It is very important that this letter be sent as soon as possible whenever a tractor-trailer is involved in a collision. Once the letter is sent, the trucking company’s failure to save the evidence can result in an inference that the trucking company had something to hide.
Handling truck accident cases is a highly specialized practice and is something I have been doing since 1995. In the process of helping families of people who were injured or killed in trucking accidents, I have worked hard to hold accountable those who caused them harm, while obtaining fair and just compensation for my clients.
Attorney Eric Hageman represents accident victims and their families nationwide. He has won several multimillion-dollar personal injury and wrongful death lawsuits for his clients.
States: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
Minnesota Cities: Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
