Do I Have a Serious Truck Crash Case?
The numbers are sobering: 5,472 people died in trucking-related collisions on U.S. roads and highways in 2023 alone, and thousands more were injured. The vast majority—75%—of those fatalities involved the occupants of smaller vehicles, while roughly 10% involve non-occupants, including bicyclists and pedestrians.
According to the National Highway Traffic Administration, 106 18-wheelers, semi-trucks, and tractor-trailers were involved in fatal Arkansas crashes that year. At least 126 large trucks were involved in fatal wrecks in Missouri, while 135 were involved in fatal collisions in Oklahoma.
Negligence on the part of the trucking company, its driver, or another party is at the heart of most truck crash cases. In simple terms, negligence means an individual or entity failed to exercise the level of care a reasonable person or entity would in similar circumstances, resulting in harm to another person. To prove negligence after a serious or fatal commercial truck crash, the law requires you to prove four key elements:
- Duty of Care: Trucking companies and their drivers have a legal duty to operate their vehicles and manage their operations in a manner that avoids causing harm to other drivers, passengers, pedestrians, or property.
- Breach of Duty: A breach occurs when the driver or company fails to uphold their duty of care. This could involve reckless driving, ignoring traffic rules, failing to maintain their vehicle in a safe working condition, or any action that falls below the standard of a reasonable and responsible person or entity in similar circumstances.
- Causation: You must prove that the breach of duty directly caused the collision. For example, if a trucker was texting and rear-ended another vehicle, the distraction caused by texting is directly tied to the crash.
- Harm: You must have suffered harm due to the crash, including physical injuries, emotional distress, or financial losses from medical bills, lost wages, or property damage.
If you have any doubts about whether the circumstances of your crash met the standard needed to establish negligence, you don’t have to guess. Our Arkansas truck accident lawyers are available to review your case and determine if you have a viable claim for negligence, at no cost or obligation to you.
The Consequences of a Large Truck Crash: Common Injuries
A fully loaded 18-wheeler weighs nearly 20 times more than an average passenger vehicle. When a rig of that size collides with a car, pickup, SUV, or minivan, the force involved is far greater than a typical motor vehicle crash, significantly increasing the potential for catastrophic and even fatal injuries:
- Traumatic Brain Injuries (TBIs): The violent force of an 18-wheeler crash can cause devastating head trauma—concussions, contusions (bruising), diffuse axonal injuries (shearing), and hematomas (bleeding)—potentially leading to long-term cognitive and physical impairments.
- Spinal Cord Injuries and Paralysis: Damage to the spinal cord can cause partial or complete paralysis, permanently impairing a victim’s ability to move and live independently.
- Broken Bones and Fractures: Truck crash victims frequently sustain multiple, complex fractures that require extensive surgery and long-term rehabilitation.
- Internal Injuries and Organ Damage: Blunt force trauma can cause severe damage to vital organs, including the kidneys, spleen, and lungs, and potentially lead to shock, severe infections (sepsis), loss of organ function, permanent disability, chronic pain, or death.
- Severe Burns: Fires or exposure to hazardous materials following a collision can cause painful, disfiguring burns that require multiple surgeries, skin grafts, and other specialized medical care.
- Neck and Back Injuries: Whiplash and other soft tissue injuries are common after any wreck, but more severe trucking-related collisions are more likely to cause herniated discs and other injuries that result in long-term chronic pain and disability.
- Amputations and Crush Injuries: The immense weight of a commercial truck can crush parts of a smaller vehicle, leading to the traumatic loss of limbs at the scene. Surgical amputation becomes necessary when a severe crush injury makes a limb unviable or cuts off its blood supply, or when the limb threatens a patient’s survival.
- PTSD and Other Psychological Injuries: After such a traumatic experience, many truck crash survivors experience significant emotional and psychological distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).
Common Causes of Semi-Truck Collisions
Few large truck accidents are actually “accidental.” In fact, in our experience, most are entirely preventable, and the direct result of deliberate choices made by the trucking company or its driver that prioritized delivery deadlines and profits over the safety of the public:
Driver Fatigue
According to the Truck Safety Coalition, recent studies indicate that 65% of truckers felt fatigued at times or often while driving, and nearly half have fallen asleep at the wheel. Commercial truck drivers often work long hours, and despite federal regulations limiting their time on the road, too many continue to drive to meet unrealistic delivery schedules. Like alcohol intoxication, sleep deprivation impairs a driver’s judgment, slows their reaction times, and causes them to lose focus, significantly increasing the likelihood of a crash.
Distracted Driving
The Federal Motor Carrier Safety Administration (FMCSA) estimates that distractions are a factor in nearly 1 in 10 large truck crashes. A texting truck driver takes their eyes off the road for an average of 4.6 seconds, long enough to travel the length of a football field at 55 mph. Dialing a handheld device increases the risk of a crash by 600%.
Speeding and Aggressive Driving
A big rig needs significantly more time to brake and is far more difficult to maneuver than a standard passenger vehicle, conditions that are only amplified at highway speeds. Speeding and aggressive driving behaviors, such as tailgating and unsafe passing, leave a trucker little time to adjust to changing traffic conditions. Unfortunately, tight delivery deadlines and financial incentives, such as being paid by the mile, often encourage commercial truck drivers to take dangerous risks on the road.
Improperly Loaded or Unsecured Cargo
Shifting loads can cause a trucker to lose control of their rig, leading to rollover or jackknife crashes that involve multiple other vehicles. If an unsecured load falls from a trailer, it can become a dangerous projectile, especially on high-speed highways, placing anyone in its path at risk for serious and fatal injuries.
Mechanical Failures or Defective Components
When trucking companies forgo regular maintenance or delay needed repairs to keep a vehicle on the road, they increase the likelihood of brake failures, tire blowouts, and other critical safety events that could trigger a catastrophic crash.
Poor Weather or Road Conditions
When rain, ice, snow, fog, and high winds reduce visibility and traction, all drivers—including truckers—are expected to adjust their speed and braking. Commercial truck drivers who fail to do so are more likely to skid, jackknife, or lose control of their rig, posing a danger to everyone on the road.
Blind Spots
18-wheelers, semi-trucks, and tractor-trailers have large blind spots—often 20–30 feet long—on the front, back, and sides, where other vehicles are not visible. If a truck driver fails to check these areas before merging, turning, or changing lanes, they risk a crash with any vehicles traveling in these “no-zones.”
Who’s at Fault When a Big Rig Causes a Wreck?
Determining fault in a truck collision can be incredibly complex, especially when the crash triggers a multi-vehicle pileup or when multiple parties may be to blame. Depending on the circumstances of the tractor-trailer wreck, you may be entitled to bring claims against:
- The Trucking Company: Trucking companies can be held liable for negligent hiring practices, failing to provide drivers with adequate training, pressuring drivers to violate federal or state regulations, or knowingly putting unsafe vehicles on the road.
- The Truck Driver: Truck drivers may be personally liable for crashes caused by reckless driving, speeding, distracted driving, driving under the influence of drugs or alcohol, or failure to adhere to traffic laws. However, if the driver was an employee of the trucking company—rather than an independent contractor—the company is generally responsible for accidents that occur while the driver is on duty.
- The Owner of the Truck or Trailer: Sometimes, a truck and its trailer are owned by different entities. In that scenario, the tractor owner is responsible for ensuring the vehicle is properly maintained and roadworthy. Similarly, the trailer owner must ensure it is in good condition, free of defects, and properly secured to the tractor. If either party neglects these responsibilities and an accident occurs due to mechanical issues, improper maintenance, or failure to comply with safety standards, they can share liability for any resulting wreck.
- Truck or Parts Manufacturer: If a mechanical failure, such as a brake failure, tire blowout, or steering malfunction, causes a wreck, the manufacturer of the truck or the faulty part may be held liable. Manufacturers have a legal duty to produce safe products, and when they fail to meet this standard, they should be held responsible for the harm they cause.
- Cargo Loading Company: When a truck is overloaded, weight is distributed unevenly, or cargo is inadequately secured, the company responsible for loading a big rig can be held liable for any resulting crashes.
What is My Truck Accident Case Worth?
No two cases are the same. However, because large commercial truck crashes are more likely to cause multiple catastrophic injuries, victims and their families may be entitled to significant financial compensation. This includes economic damages, or the tangible, financial losses you and your family have incurred due to your injuries, such as:
- Current & Future Medical Expenses: Payment for hospital bills, surgeries, rehab, and skilled nursing care that you’ve incurred since the crash and will incur in the future.
- Current & Future Lost Wages and Income: Compensation for the paychecks missed since the wreck due to your injuries, as well as any income you will lose until you’re able to return to your job.
- Loss of Earning Capacity: If your injuries prevent you from working entirely or force you to enter a lower-paying occupation, you can receive compensation for that lost income.
- Property Damage: Repair or replacement of your vehicle, as well as any personal property inside the vehicle that was damaged or destroyed, such as a laptop or car seat.
You may also be entitled to compensation for your non-economic damages, intangible, personal losses that may be difficult to value, but profoundly impact your quality of life, such as:
- Pain and Suffering: For the physical pain, discomfort, and hardship caused by your injuries.
- Emotional Distress: For the psychological impact of the accident, including anxiety, depression, and trauma.
- Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, and daily routines you once enjoyed.
- Loss of Consortium: This addresses the negative impact your injuries have had on your relationship with your spouse and family members.
If you have tragically lost a loved one in a truck or 18-wheeler crash, no amount of money will ever make up for their absence from your life. However, the compensation available through a wrongful death claim can at least provide your family with some semblance of financial security during an unimaginable time of grief.
If it is determined that the trucking company, its driver, or another entity acted with malice or reckless disregard for safety, you may also be entitled to pursue punitive damages. These damages are awarded in truck crash cases to punish a defendant and discourage similar conduct in the future.
Calculating damages isn’t always straightforward, especially after a catastrophic injury. It may take months for the full extent of your injuries and their implications for your life to become clear. Rushing to resolve your claim without the full picture could leave you without the financial resources to meet your needs in the future.
Why Shouldn’t I Deal with the Trucking Company and Its Insurer on My Own?
Unfortunately, the trucking company’s insurance adjuster isn’t interested in your well-being, no matter how friendly or helpful they seem. They have one priority: to save the insurance company money, regardless of the cost to you and your family. If you attempt to deal with the adjuster on your own, they’re going to try to trip you up, and they will use anything you say, no matter how seemingly innocent, to shift blame and deny you and your family the compensation you are owed.
Our Arkansas truck accident attorneys have decades of experience countering these tactics, and we won’t back down in the face of big trucking companies, powerful insurers, or the high-priced legal teams they hire in the hopes of pressuring injured people into accepting a low-ball settlement. We’re ready to stand up for you, so you can avoid the mistakes that could prevent you from recovering all the money you deserve.
So what can you expect from our team?
- Investigating the crash: Our Arkansas truck accident lawyers will work with crash reconstruction experts and engineers to thoroughly investigate the collision. We gather crucial evidence, including black box data from the vehicles involved, driver logs, and maintenance records, to determine why the collision occurred, how it should have been prevented, and exactly who was to blame.
- Assessing your damages: We collaborate with medical, financial, and vocational experts to fully understand the impact of your injuries on your life, now and in the future. From your medical care, lost earnings, and overall quality of life, we ensure no detail is overlooked, so you’re well-positioned to secure every dollar of compensation you deserve.
- Dealing with the insurance company: We don’t want you harassed or pressured when you’re trying to recover from serious injuries. Our attorneys take over all communication with the insurance company, ensuring you won’t be taken advantage of and giving you the space you need to heal.
- Negotiating on your behalf: Our Arkansas truck accident attorneys approach negotiations with a bulldog-like tenacity, and they won’t accept anything other than a settlement that fully reflects your needs, from your current medical expenses to all the long-term impacts of your injuries. We understand the financial pressures that can follow catastrophic injuries, so we’ll work to resolve your case as soon as practically possible. But we’ll never prioritize a quick settlement over your well-being.
- Representing you in court: While settlement is our goal, we will begin preparing your case for trial from the minute you hire our Arkansas truck accident attorney. If the insurance refuses to be reasonable, we’ll be ready and able to go to court. This approach gives us leverage. Many insurers suddenly begin negotiating in good faith after they realize we aren’t afraid of a trial.
- The personalized support and attention you deserve: You’re not a case number at Caddell Reynolds. We know how difficult life can be after a serious truck or 18-wheeler wreck. We take the time to understand your story, your needs, and your goals, providing compassionate, one-on-one support throughout the process. Our team is accessible 24/7, by phone or email, to address your concerns and provide the answers you need on your schedule.
- No financial barriers to legal representation: We believe everyone deserves access to justice, no matter their financial situation. That’s why we work on a contingency fee basis—you pay us absolutely nothing unless we win your case. Because we take on all the upfront costs associated with a truck crash claim, you can be confident that we’ll work tirelessly and diligently to secure the most favorable outcome possible for you and your family.
We’re Ready to Make Your Fight Our Fight
After a big rig crash, the trucking company and its insurer will move quickly to protect their interests. You must move just as fast to protect yours. Our Arkansas truck accident lawyers know what it takes to win against these powerful entities, and we’re ready to make your fight our fight.
Let Caddell Reynolds level the playing field. Reach out 24/7 at 800-671-4100 or contact us online to schedule your free, no-obligation case evaluation. We’ll listen to your story, go over your options, and explain what we think it will take to win your case.
