Big Rig Accident Lawyer

A collision with a big rig can leave you facing overwhelming challenges—physically, emotionally, and financially. These accidents often result in life-altering injuries and difficult legal battles, making it challenging to know where to turn. A Moses Lake car accident lawyer can help guide you through the steps of big rig accident cases, from federal regulations to potential damages, helping you take informed steps toward seeking the justice and compensation you deserve.

The Increase in Truck Accidents Over Time

In recent years, truck accidents have become a growing public safety issue. Statistics from The National Safety Council (NSC) show a steady rise in the number of large trucks involved in both fatal and injury-causing crashes, reflecting the increasing risks associated with these vehicles on the road.

In 2022, the involvement of large trucks in fatal crashes rose by 1.8% from the previous year and surged by nearly 50% over the past decade. This increase is significant when considering that large trucks only account for a small percentage of total vehicles but represent a substantial portion of deadly crashes. Despite accounting for just 6% of all vehicles involved in fatal crashes, large trucks contribute to a disproportionately high number of deaths on U.S. roads.

The number of injuries from large truck crashes has also continued to climb. In 2022 alone, over 120,000 large trucks were involved in accidents resulting in injuries, marking a 2.5% rise from the previous year. The National Highway Traffic Safety Administration (NHTSA) has introduced the Crash Report Sampling System (CRSS) to enhance crash data collection, allowing a better understanding of non-fatal truck accidents.

What’s even more alarming is that most fatalities and injuries in truck crashes involve the occupants of other vehicles, not the truck drivers themselves. In 2022, 70% of those killed in large truck crashes were occupants of other vehicles, while only 19% were truck drivers. This emphasizes the danger that these vehicles pose to everyone on the road.

How Federal Regulations May Protect You

Federal laws regulate the trucking industry to help keep roads safe, and understanding how these regulations protect accident victims is essential. The Federal Motor Carrier Safety Administration (FMCSA) enforces safety rules that trucking companies and drivers must follow.

One of the most significant regulations concerns hours of service. Drivers must adhere to strict limits on how long they can be on the road before resting. When drivers violate these rules, fatigue can set in, increasing the likelihood of accidents. Investigating whether a driver exceeded their hours can strengthen a victim’s case.

Additionally, vehicle maintenance requirements are crucial. Trucks must undergo regular inspections, and any defects or wear must be promptly addressed. For example, a failure to maintain brakes or tires can result in dangerous situations on the road. Federal rules ensure that trucking companies are held accountable for keeping their fleets in safe working conditions.

Top Reasons for Truck Accident Lawsuits

Truck accident lawsuits arise for various reasons, and each case is unique. However, several common causes form the basis of most claims.

• Driver negligence: Distracted driving, speeding, and driving under the influence are major factors in truck accident claims. Proving the driver’s carelessness is often the first step in a successful lawsuit.

• Mechanical failure: Equipment issues, such as faulty brakes or engine failures, can lead to severe accidents. In these cases, the manufacturer or maintenance provider may be liable.

• Improper cargo loading: When cargo is not properly secured, it can shift during transit, leading to rollovers or jackknife accidents. Trucking companies are responsible for ensuring that loads are balanced and secured according to safety guidelines.

Victims can pursue potential compensation from the appropriate party by identifying the specific cause of the accident.

Possible Types of Damages to Claim

When a person is injured in a big rig accident, the financial and emotional impacts can be overwhelming. Washington law allows victims to pursue compensation, known as damages, to help cover these losses. These damages fall into several categories, each addressing different aspects of the harm caused by the accident.

Medical Expenses

The costs associated with medical care are often the most immediate and pressing concern for accident victims. Compensation for medical expenses can cover a wide range of treatments, including:

• Emergency care and hospitalization: After a truck accident, victims often require urgent medical attention, which can include surgeries, intensive care, and prolonged hospital stays.

• Ongoing treatments and rehabilitation: In cases of severe injury, recovery may involve physical therapy, chiropractic care, or other forms of long-term rehabilitation. These ongoing costs can be factored into a claim.

• Future medical costs: For injuries that result in permanent disability or long-term health issues, victims may need lifelong medical care. Compensation can include projected future medical expenses, ensuring victims are not financially burdened by continuing treatment needs.

Documenting all medical treatments and future care plans is important to maximizing compensation for medical expenses in a truck accident claim.

Lost Income and Future Earnings

A truck accident injury can prevent victims from working, sometimes for extended periods. In these cases, victims can claim compensation for:

• Lost wages: This covers the income lost during the period of recovery, including time spent away from work for medical appointments or rehabilitation.

• Loss of future earnings: If the injury leads to permanent disability or limits the victim’s ability to perform their job in the future, compensation may include loss of earning potential. This accounts for both the reduction in income and the impact on career advancement.

Calculating lost income and future earnings requires detailed records of employment and income history and, in some cases, expert testimony to estimate future losses accurately.

Pain and Suffering

Beyond the tangible financial losses, victims of big rig accidents in Moses Lake, WA often endure significant emotional and physical distress. Pain and suffering damages address these non-economic impacts, including:

• Physical pain: Compensation for the physical pain endured during and after the accident. This can cover both temporary and chronic pain resulting from injuries.

• Emotional suffering: The trauma of being involved in a serious accident can lead to long-lasting emotional scars, such as anxiety, depression, or PTSD. Pain and suffering damages aim to compensate for this emotional toll. Some of these may fall under loss of consortium claims.

• Loss of enjoyment of life: In some cases, victims may no longer be able to enjoy activities they once loved due to their injuries. This loss of quality of life is factored into non-economic damages.

Since these losses are harder to quantify, courts often rely on the severity of the injuries and the victim’s testimony to determine an appropriate amount for pain and suffering compensation. Make sure to always make your claim within the statute of limitations for Moses Lake, WA, which is three years from the date that the truck accident took place.

Why Black Box Data is so Valuable

Commercial trucks come equipped with an electronic control module, often referred to as a “black box.” This device records key information that can be used to determine how the accident occurred. Data from the black box can reveal important details such as:

• Speed at the time of the crash: This can show whether the driver exceeded the speed limit or drove recklessly.

• Brake application: The black box can indicate when and how the brakes were applied. This can be critical in determining whether the driver acted appropriately to avoid the collision.

• Hours of service compliance: The black box also tracks the driver’s time in the vehicle, which can be compared with federal regulations on driving hours.

In many cases, black box data provides the hard evidence necessary to prove fault. Without this information, victims might face challenges in establishing negligence or improper conduct by the driver or company. When you have photo evidence, in addition to black box data, it can be harder for the company to deny your claim.

The Impact of Brake Failure

Brake failure is one of the most common mechanical issues contributing to truck accidents. When a truck’s brakes fail, the driver may lose control of the vehicle, leading to catastrophic outcomes. Several factors can lead to brake failure, including poor maintenance and overheating due to excessive use.

Poor Maintenance and Negligence

Trucking companies are responsible for regularly inspecting and maintaining their fleets. This includes ensuring that brake systems are fully functional before any trip. If brake failure is linked to improper maintenance, the trucking company can be liable for negligence. Regular brake inspections are essential to identify worn-out components or leaks that may lead to malfunction. When companies skip or cut corners on these inspections, they endanger everyone on the road.

Overheating Due to Excessive Use

Because of their heaviness, big rigs rely on their braking systems far more than smaller vehicles. Brakes can overheat if used excessively over long distances or in challenging conditions like steep inclines. Overheating weakens the brake’s ability to function, potentially leading to a complete failure. Drivers are trained to take precautions, such as downshifting on inclines and not riding the brakes, but even small errors in judgment can cause the brakes to overheat and fail.

Legal Implications of Brake Failure

When brake failure occurs, it’s important to determine the cause and assess who is responsible. Victims of truck accidents caused by brake failure may have legal options to pursue compensation. Here are the key factors that could lead to liability:

• Trucking Company Negligence: If poor maintenance led to the failure, the trucking company could be liable for not upholding safety standards.

• Driver Error: If the driver failed to follow proper braking techniques or ignored signs of brake overheating, they could share some responsibility for the accident.

• Manufacturer Defect: In some cases, brake failure could be caused by a manufacturing defect. The manufacturer could be held accountable if faulty brake components are to blame.

How Fatigue May Play a Role

Fatigue is a leading contributor to truck accidents, even with regulations in place to prevent overworked drivers from staying on the road too long. Long hours behind the wheel can lead to slower reaction times, impaired judgment, and even falling asleep while driving.

While federal law limits driving hours, violations still occur. Some drivers may falsify logbooks to extend their time on the road, while others may feel pressured by tight deadlines to push through fatigue. In such cases, both the driver and the company could be liable for failing to comply with safety regulations.

In a truck accident case, evidence of fatigue—such as inconsistencies in logbooks or witness statements—can strengthen your claim and increase the likelihood of a favorable outcome.

When the Company Holds Fault

Liability for truck accidents doesn’t always rest solely with the driver. In many instances, the trucking company can be held responsible for its actions or negligence. Companies are responsible for ensuring their operations meet safety standards, and when they fail in this duty, they can face legal consequences.

Negligent Hiring Practice

Trucking companies have a duty to hire qualified drivers. If a company hires someone with a poor driving record or without proper credentials, they could be held liable for negligence. This can be particularly relevant if the driver involved in the accident has a history of traffic violations or unsafe driving practices.

Inadequate Driver Training

Operating a commercial truck requires specialized skills. If a trucking company fails to provide sufficient training or ongoing oversight to ensure drivers are competent and follow safety protocols, they may be responsible for accidents that result from a driver’s lack of experience or knowledge.

Failure to Maintain Vehicles

Regular maintenance is essential for the safe operation of big rigs. When a company neglects routine inspections or repairs, mechanical failures, such as brake malfunctions, can occur. If poor maintenance is proven to be a factor in the accident, the company may face legal responsibility for failing to ensure the truck was in safe working condition.

Washington’s laws on vicarious liability also allow victims to pursue claims against employers when the truck driver acted within their employment scope. This means the trucking company may be held accountable even if the driver primarily caused the accident, providing additional avenues for victims to seek compensation. One of the major pieces of documentation you need as you go up against the company, is the collision report; always ask for it at the scene of the accident or get a copy at the police station that responded to the site.

Your Recovery Matters—Let Us Help You Take the Next Step

Being involved in a big rig accident can change your life in an instant, and we understand how difficult this time can be for you and your family. You may want more than just legal advice—you may benefit from support, guidance, and someone in your corner fighting for your rights. Our truck accident attorneys in Moses Lake, WA are here to provide that support and help you through the legal jargon. 

If you need someone to listen, to help you find the path forward, and to stand up for your rights, we’re ready to step in. Contact us today to discuss how we can help you through this challenging time.