Truck Accidents

$2.2 million settlement: a man who, while in the course and scope of his employment, lost both legs when struck on the side of the road by a truck driver

$2.1 million settlement: Navy SEAL struck by a driver who left the roadway, causing serious injuries to his legs

$875,000 settlement: bicyclist who injured an eye when struck by a teenage car driver

$850,000 settlement: young lady injured her shoulder in a multi-car accident which resulted in surgery, lost earnings, and medical expenses

$615,000 settlement: 47-year-old man struck by a car while changing a tire, resulting in a significant arm injury

$500,000 settlement: wrongful death claim where the defendant crossed the center line, killing the mother of 5 adult children

$445,000 settlement: 60-year-old tractor-trailer driver rear-ended by another tractor-trailer, resulting in neck and back surgeries

$350,000 settlement: 44-year-old woman who suffered orthopedic injuries resulting in surgery as a result of a motor vehicle accident

$297,500 settlement: policy limits wrongful death settlement arising out of a motor vehicle accident

$250,000 settlement: 51-year-old man who suffered a neck injury requiring surgery as a result of a motor vehicle accident

$220,000 settlement: 46-year-old female cafeteria worker, injured low back lifting a tray of juice and subsequently diagnosed with failed back syndrome

$205,000 settlement: 32-year-old male maintenance worker sustained low back injury while moving a trash dumpster, requiring multiple surgeries

$164,990 settlement: 49-year-old male bus driver sustained low back and knee injuries when the bus hit a deep pothole, resulting in knee replacement surgery

$125,000 settlement: 66-year-old woman who suffered an eye injury as a result of a trip and fall at a retail store

$90,000 jury verdict: 44-year-old man rear-ended in an automobile accident resulting in muscular injuries and an elbow nerve injury

When it comes to truck accidents—everything is bigger. The damage can be more severe, the injuries can be more serious, and the stakes higher. Commercial vehicles are taller and heavier than passenger cars. These vehicles take longer to slow down or stop and have a higher roll-over risk. When they are involved in crashes with passenger cars, it is easier for the smaller cars to be damaged or to dangerously underride the truck.

The injuries associated with truck accidents are also typically more severe than those that occur in car-to-car crashes. Trucks can create a wide wake of destruction, and often the crash victims are left with debilitating injuries. This leaves victims facing more serious medical treatment and longer recovery times, which also means higher medical costs and possibly more lost wages from missed work.

Additionally, most truck accidents involve professional drivers and their large employers. In these cases, the trucking company lawyer and insurance company typically get involved, leaving victims facing an experienced team seeking to protect their bottom line and mitigate any negative effects on their business.

While it can be a daunting process, a skilled attorney can help victims state a comprehensive case and fight for the compensation they deserve. The lawyers at Morris James understand that the game changes in a truck accident. When the stakes are high, our team is ready to protect your rights and ensure you get the medical and financial stability you deserve.

Yes. In Delaware, truck accident victims have two years from the date of the accident to file a lawsuit. The courts are strict about the statute of limitations and will refuse to hear a case after that time. In certain cases, the victim may have a contractual claim against one or more insurance companies for breach of the insurance policy, which has a longer limitations period of 3 years from the date of the breach. These time limits are short and you should not delay in taking action after your trucking accident.

The purpose of a truck accident claim is to seek justice for the victim and obtain compensation to help the victim and their family move forward with their lives. The state of Delaware allows victims to seek compensation for:

• Medical bills
• Future medical bills
• Lost wages
• Pain and suffering

In each of these instances, the victims must show why and how much they deserve. The insurance company for the opposing side will likely dispute these numbers in an effort to avoid paying the victim what is due. Our attorneys at Morris James fight for our clients and help them obtain fair compensation that will help them recover both physically and financially from the losses sustained in an accident. 

There are many types of commercial vehicles that can be involved in these types of cases, including:

• 18-wheeler truck
• Mack truck
• Flatbed truck
• Cement truck
• Garbage truck
• Heavy truck
• Tanker truck
• Semi-trailer truck
• Tractor-trailer truck
• Dump truck

Accident victims can pursue a claim if an injury or property loss was sustained in an accident of this type and has negatively impacted the way they live their lives. Typically, the severity of the injury does affect the amount of compensation that is awarded.

Injuries in a truck accident can be catastrophic because a truck is simply much bigger and heavier than a passenger car, and is often loaded with heavy or dangerous cargo. Common injuries in truck accident cases include broken bones, concussions, burns, amputations, spinal cord injuries, pregnancy complications, traumatic brain injuries, and more. Psychological harm is also likely. If a death occurs as a result of a truck accident, the victim’s surviving dependeants can pursue a wrongful death claim.

Many factors can cause truck accidents, too. A few of the most common include: 

• Lack of proper vehicle maintenance. Failure to maintain a vehicle most commonly leads to trouble with the brakes and tires, both of which can cause serious accidents.
• Irresponsible drivers. Thousands of accidents are caused each year by drunk drivers and drowsy drivers.
• Driver error. Truck driver errors cause thousands of accidents each year, and trucking companies add to the danger when they engage in questionable hiring and training practices.
• Poor cargo loading. This can make the truck unbalanced or cause it to tip over.
• Bad weather. Poor weather conditions can impact truckers' abilities to slow down or see their blind spots.
• Speeding. Driving fast can result in collisions or prompt a driver next to the truck to swerve out of the way and into another vehicle's lane.
• Distracted driving. A trucker paying attention to something else, such as a smartphone, instead of the road, can lead to a crash.

To prove liability, an attorney must show exactly what happened in the accident and determine what damages occurred. We will investigate fully to discover who was responsible for your accident and uncover any safety regulation violations. Relevant evidence could include: 

• Company training and safety procedures
• Equipment inspection logbooks
• Hours of service (HOS) logs
• Police accident report
• Certified truck inspection report
• Driver logbooks
• Truck maintenance logs
• Truck black box or other electronic monitoring data
• Witness statements
• Accident scene photos or videos
• Traffic camera videos
• Tire or gouge marks in the road

Trucking accidents involve a web of different people, which can make it difficult to know who might be liable. Because the trucking industry is monitored at the federal and state levels, companies are required to follow strict safety and insurance regulations. When someone violates these rules and an individual is injured, it could make several people liable. In most cases, the victim will sue the trucking company, which will be insured under a commercial insurance policy. In certain cases, the victim may sue the truck driver, the loading or shipping company that loaded the cargo, the truck manufacturer, or the truck maintenance crew. Your attorney will advise you who you can and should sue depending on the facts of your unique case.

If you have been hurt in a trucking accident, you should first take care of any injuries to yourself and other occupants of your vehicle. Call 911 which will alert the police and, if necessary, will call for an ambulance. If your injuries are less severe, you should still seek medical attention following the accident, primarily for your own health, and also to document your injuries.

Secondly, you should document the evidence at the scene. Copy the truck driver’s identification, employer, and insurance details, take photos or video of the accident scene, and get contact details for witnesses.

Finally, do NOT admit fault. Insurance companies can be very persuasive and often apply pressure to get their way. Cooperate with the police but do not make any statements before talking to your attorney. We will communicate with the authorities and the insurance companies on your behalf.

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Trucking accidents are complex and can involve large companies with the resources to fight claims. A good lawyer can even the playing field and help to get a victim the compensation they deserve. A trucking accident claim is complicated by the many parties involved, such as the driver, the trucking company, a commercial insurance company, and cargo handlers. Trucking accidents also typically involve more severe injuries and greater vehicle damage. Trucking companies and insurance companies have the resources and the motivation to fight these expensive claims leaving you as outmatched as you were when your vehicle was struck by the truck.

You should refuse to discuss the accident with any representative of the trucking company, the driver, the insurance company, or any other associated person, and contact your lawyer. You should never admit fault or liability at, or after, the time of the accident without legal advice. If you are ever unsure about what to say, say nothing, and contact your lawyer.

At Morris James, we take your case on a contingency basis which means that we do not charge any fees unless we get compensation for you. In a contingency fee arrangement, attorney fees are calculated as a percentage of your compensation. We also provide a free initial consultation to openly discuss your case and your options.

Determining fault in a trucking accident case can be complicated. Both federal and state laws apply to trucking accidents, some of which specifically impact liability. Often more than one person can be liable in a trucking accident. A truck will probably be driven, owned, insured, loaded, and maintained by different people or companies, all of whom could have contributed to the accident, and all of whom have agreements with each other which affect their legal rights and responsibilities. Your attorney will analyze the actions and relationships of the relevant people in your case to determine what caused the accident and who should be held responsible under the law.

Yes. If you are injured in a trucking accident, the at-fault driver (or their employer or other person depending on the facts of the case) can be legally liable to compensate you for your losses as a result of the accident. Compensation may include lost wages, medical bills (including future medical expenses), and pain and suffering.

If you or your loved one suffered injuries as a result of a trucking accident, there are a number of different parties that you may be able to sue depending on who was at fault for your particular accident and injuries. Every accident is different. An experienced attorney can help you to understand the laws that are applicable to your case and the parties that can be held legally responsible for your injuries. A shipping company may be liable if their negligence is the cause of your injuries, however, other parties may also be jointly or individually responsible such as the trucking company, the driver, the cargo loaders, or other parties. You should get legal advice to ensure you are protected and get the maximum recovery for your injuries.

If you are involved in any trucking accident, the facts of the accident, the fault of the people involved, and the applicable federal and state laws will determine who is legally liable for your injuries and losses. Sometimes a jackknifing accident can occur as a result of slippery driving conditions or because a driver had to stop suddenly or swerve to avoid a hazard in the road. Most commonly, your claim in a trucking accident will be against the trucking company, however the driver, the driver’s employer, a road maintenance contractor, or another party could be legally responsible. Your attorney will look closely at the circumstances of your accident to advise you who you can and should pursue for compensation following a trucking accident.

In Delaware, the rule of modified comparative negligence applies when apportioning blame and calculating compensation in a personal injury claim. It means that when a victim is partly at fault for the accident, the victim’s compensation is reduced by proportion of their blame, and if the victim is more than 50% responsible for the accident, they cannot recover any compensation from the at-fault party. The judge or jury will decide the amount of blame apportioned to each party.

For example, if you are a victim who is 10% at fault for the accident and your losses are $100,000, your compensation will be reduced by 10% so you will only receive $90,000. If you are more than 50% to blame for the accident, you will receive nothing.

It is important to consult an experienced Delaware attorney to advise you of the implications of this law so that you can obtain the maximum compensation for your loss.

The legal rules of jurisdiction can be complicated, and different states have different rules which can affect the handling of your case and the amount of your compensation. You should consult with an attorney to determine where you can, and should, file a claim if the trucking company or other at-fault party is based outside Delaware, or if the accident happened outside Delaware. Multi-state cases can be complicated but our experienced attorneys will navigate the process to minimize your disruption and maximize your compensation.

An accident with a box truck or a delivery van can be a traumatic event. Someone who is impacted by an accident such as this has the ability to seek legal recourse. When an accident occurs, an individual should document and accumulate as much evidence as possible.