Recovering Lost Wages and Medical Expenses After a Truck Accident in Huntsville, TX
From FedEx and UPS to DHL and USPS and everything in between, we share our roads with numerous commercial trucks. That, by the way, is not baseless conjecture but rather an actuality supported by multiple studies. One of those studies comes from the largest national trade association for the trucking industry, the American Trucking Association. It revealed that the various Department of Motor Vehicles (DMVs) across the U.S. collectively registered approximately 13.5 million commercial trucks in 2021, of which 2.9 million were large semi-trucks. These are the same commercial trucks that share our interstates, highways, and local roads. And they represent an estimated 5% of all U.S. registered motor vehicles.
Most of the commercial trucks on U.S. roadways are single-unit trucks, such as box trucks, dump trucks, utility trucks, and beverage delivery trucks, and combination trucks, like semis, double and triple-trailer trucks, tanker trucks, and flatbed trucks with trailers, all of which require operators to possess a commercial driver’s license (CDL). While commercial trucks come in all shapes, sizes, colors, makes, and models, one thing is universal. They all, at one time or another, cause or play a part in traffic accidents on U.S. roadways.
Texas Truck Accident Lawyers Weigh In on Trucking Accidents in the U.S.
Along with taking up more space on U.S. interstates, highways, and local roads than passenger vehicles, large commercial trucks increase the risk of traffic accidents because of their weight and overall size. That is in no way a denigration of large commercial trucks; it is a fact concluded by multiple studies that have examined the negative aspects of America’s trucking industry, one of which comes from the Federal Motor Carrier Safety Administration (FMCSA). It shows that an estimated 500,000 accidents involving large trucks happen on U.S. roadways annually. Some of the most common factors or direct causes of these truck-involved accidents, according to FMCSA and Texas truck accident lawyers, include the following:
- Blind spots
- Jackknifing, which occurs when the front of a truck skids but the attached trailer does not stop or slow down
- Lost loads
- Rear-end collisions
- Rollovers
- Tire blowouts
- Underride crash, which occurs when a smaller passenger vehicle crashes into the side or back of a tractor-trailer before sliding underneath it
- Wide turns
Other contributors when it comes to truck-involved accidents include driver negligence, fatigue, mechanical failure, poor weather conditions, and distracted driving, according to the Federal Motor Carrier Safety Administration and most Texas truck accident lawyers. Driving under the influence (DUI) is also a factor in some accidents. Multiple studies show that some truck drivers involved in trucking accidents have either been charged with or have a history of driving under the influence.
While property damage is an enormous consequence of truck-involved accidents, it is hardly the only one. An estimated 161,000 people suffered injuries in trucking accidents in 2022, an increase of roughly 3.9% compared to 2021. Most of those injured were not truck drivers but rather the drivers and occupants of passenger vehicles. That includes individuals traveling in cars, trucks, and SUVs and those traveling by motorcycle. Most accidents involving large commercial trucks and these much smaller vehicles happen during the evening or early morning hours. FMCSA study data shows that 37% of fatal crashes, 24% of injury crashes, and 21% of property damage caused by trucking accidents occur between 6:00 pm and 6:00 am.
Common Truck-Involved Accident Injuries
Injuries resulting from a truck-involved accident can range from minor to severe. According to most truck accident attorneys, including UPS truck accident Attorneys, the most commonly reported injuries people sustain when they are in a truck-involved accident include the following:
- Broken bones
- Internal injuries
- Neck and back injuries
- Severe burns
- Spinal cord injuries and traumatic brain injuries (TBIs)
Truck Accident Lawyers and the White House Highlight the Good and Bad of the Commercial Trucking Industry
According to a White House study and the expressed sentiments of attorneys representing UPS, FedEx, DHL, and other companies in the freight and logistics industries, large commercial trucks play an enormous role in the U.S. supply chain and economy. Large commercial trucks transport an estimated 72% of goods across the U.S. Without these vehicles and their operators, the U.S. supply chain and the overall U.S. economy would likely come to a grinding halt.
While they do an excellent job when it comes to keeping America moving, they also jeopardize lives. According to the National Safety Council, an estimated 5,936 people lost their lives in large-truck crashes in 2022, an increase of roughly 2% compared to 2021. A separate Insurance Institute for Highway Safety (IIHS) study revealed that more pedestrians, bicyclists, and drivers and occupants in passenger vehicles lose their lives in truck-involved crashes than truck drivers.
According to the study data, an estimated 17% of people who lost their lives in trucking accidents in 2022 were truck occupants, 66% were drivers and occupants in passenger vehicles, and 16% were pedestrians, bicyclists, or motorcyclists. Whether it is the family members having to pay for funeral services or injured individuals having to pay for medical care after being in a trucking accident, the costs can be extraordinarily high.
Additional Fatality Distribution Data Related to Large Truck Accidents
The following are additional statistics related to commercial truck accidents and fatalities:
- Large truck drivers were involved in 1.4 fatal crashes per 100 million miles traveled in 2022.
- Fatal crashes involving large trucks occur predominantly in rural areas and on Interstate highways.
- Approximately 83% of fatal and 87% of nonfatal crashes involving large commercial trucks occur on weekdays.
- In 2022, North Dakota, Wyoming, Iowa, New Mexico, Nebraska, and Montana recorded the highest percentage of truck-involved fatal accidents.
Amazon Truck Accident Attorneys and the FMCSA Discuss Recovering Lost Wages and Other Expenses After a Truck Accident
According to the Federal Motor Carrier Safety Administration, the average cost of a commercial truck accident involving injuries is approximately $200,000. Fatal truck accidents are even more costly at roughly $3.6 million, primarily attributed to the significant medical expenses incurred by injured victims. Separate data from Amazon truck accident attorneys shows that the average trucking accident causes around $91,000 in property damage. Long story short, truck-involved traffic accidents are costly. Hiring a skilled and licensed personal injury attorney lowers the chances of being left on the hook for medical, property damage, and other expenses if you are involved in a traffic accident with a large commercial truck that was not your fault, say FedEx and Amazon truck accident lawyers. Among many other things, an attorney can assist you in filing a compensation claim.
What Is a Compensation Claim?
According to FedEx truck accident attorneys, UPS truck accident lawyers, and all attorneys specializing in personal injury law, a compensation claim is a legal request for financial reimbursement from the party responsible for causing an accident. There are two things individuals should be aware of if they are thinking about hiring an attorney and filing a compensation claim following a truck-involved accident. Firstly, Texas is an at-fault state, which means the party responsible for causing a traffic accident is responsible for the damages resulting from the accident. Those damages typically include medical bills, property damage, lost wages, and pain and suffering.
Second, Texas has a statute of limitations when filing a compensation claim after an accident. Under Tex. Civ. Prac. & Rem. Code §16.003, injured individuals have two years to file a compensation claim after an accident. Medical expenses and lost wages are two of the most common damages sought in compensation claims. The following are some of the things that a Texas truck accident attorney will look at to determine and ultimately prove that a commercial truck, its driver, or both were responsible for causing an accident:
- Loading and cargo issues
- Maintenance issues
- Truck driver error
- Trucking company negligence
- Violations involving specific federal and state regulations, including those set by the FMCSA
After a truck accident attorney determines that a large truck, its driver, or both are responsible for causing an accident, they will work on assigning a dollar value they believe adequately compensates their client for medical expenses and lost wages resulting from the accident. For medical expenses, an attorney will usually consider the cost of past and future medical treatments, such as surgeries, medications, and rehabilitation services, when assigning such a value. For lost wages, they generally look at the client’s base pay along with the following:
- Bonuses
- Commissions
- Contributions to retirement accounts
- Hourly wage or salary
- If applicable, overtime pay
- Insurance contributions
- Potential pay raises
- Sick days
- Transportation allowances
- Vacation pay
FedEx Truck Accident Attorneys Explain Why a Demand Letter Before Filing a Compensation Claim
Before formally filing a compensation claim, a truck accident attorney will send a demand letter to the truck company’s insurance company. The letter alerts the insurer of a problem or issue, outlines the desired resolution, and requests that the insurer take specific action to rectify the problem or issue, typically by accepting a settlement offer. They also allow the truck company’s insurance company to negotiate a settlement. Insurers have 15 days to respond to a demand letter.
If there is no response to a demand letter, the truck accident attorney for the injured individual can proceed with legal action. That generally means filing a compensation claim and moving forward with a lawsuit. The same applies if the insurance company for the trucking company and the truck accident attorney representing the injured party disagree on a settlement offer. According to most truck accident lawyers, including Amazon, UPS, and FedEx truck accident lawyers, failing to respond to a demand letter is seen as a refusal to comply with the demands stipulated in the letter. Noncompliance can result in a default judgment against the non-responding party and additional financial consequences.
What Happens When a Compensation Claim Goes to Trial?
When a compensation claim goes to trial, the truck accident attorney for the injured individual and the attorney for the trucking company will present their case before a jury, which consists of opening statements from both attorneys, witness testimonies, cross-examinations, presentation of evidence, and closing arguments. After hearing closing arguments from both attorneys, a jury deliberates and eventually determines liability.
If the truck accident lawyer and their client win the case, the court will award damages in their favor. Such damages typically comprise financial compensation to cover the client’s medical expenses, lost wages, pain and suffering, and property damage. Damages can also cover funeral and other related costs if a driver or passenger in a truck-involved accident dies. In these cases, the deceased family members are eligible to receive damages.
Hire a Truck Accident Lawyer Today
Sharing the road with large commercial trucks can sometimes lead to accidents, some of which can cause considerable damage, physical injury, and, in extreme cases, death. Fortunately, there are legal remedies that individuals and their families can pursue if they were involved in such an accident. And that includes filing a compensation claim and ultimately getting the compensation necessary to cover property damage, medical expenses, lost wages, and more.