Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs

Anyone who has been in a fender bender knows what a mess it can cause to your health, finances, and daily life. It can involve dozens of calls to various insurance companies, weeks to get your car repaired, and even minor injuries that take time to heal. 

But now imagine you’ve suffered permanent injuries in a Kirkland truck accident that wasn’t your fault. The process of physical, emotional, and financial recovery is heartbreaking and incredibly stressful. What avenues of restitution are available for your damages? The skilled Washington truck accident legal team at Max Meyers Law is ready to help you through the overwhelming process of holding the liable parties responsible.  

What Is a Permanent Disability? 

It’s any type of injury that has a lasting, lifelong effect. Rarely are you able to fully restore your health as it was prior to the semi-truck crash.

If an injury greatly impacts your well-being, changes your ability to move through the world, or alters all aspects of life you previously enjoyed, it’s a permanent disability. Certain permanent injuries may reduce your ability to pursue a career, enjoy hobbies, care for your family, or independently care for yourself. 

Millions of people with disabilities find ways to adapt, flourish, and live happy and fulfilled lives. However, it’s imperative to remember that if your permanent disability was caused by another party’s negligence, they could be responsible for the costs of your condition. You have a right to seek justice and proper compensation.  

Why Truck Crashes Can Cause Permanent Disabilities 

A commercial truck, usually more than 50 feet long, can weigh up to 80,000 pounds when fully loaded with cargo. Hitting one with your car, even a large SUV, is like smashing into a concrete wall. 

Even simple fender-benders that wouldn’t usually cause serious damage can turn fatal if a tractor-trailer is involved. Certain types of truck accidents often cause more severe and permanent injuries than others:  

• Head-on truck crashes 
• Rollover truck crashes 
• T-bone accidents 
• Pile-up truck accidents 

Types of Permanent Disabilities Caused by Truck Crashes 

When your vehicle collides with a truck, your body experiences blunt force trauma by coming into contact with parts of your own vehicle, parts of the truck, or in some cases, objects outside of the colliding vehicles, like the road. This impact breaks bones, tears flesh, and harms vital organs, such as the brain, spinal cord, and heart. 

Common medical conditions people suffer in large truck and tractor-trailer accidents include: 

• Traumatic brain injuries 
• Spinal cord injuries 
• Sensory issues, like blindness or deafness 
• Paralysis 
• Nerve damage
• Complete or partial limb amputation 
• Back and neck injuries 
• Severe burns 
• Psychological trauma

Permanent Disability Damages After a Kirkland Truck Accident 

There are astronomical costs associated with catastrophic permanent disabilities. Your compensation claim needs to include not only the immediate recovery costs, but also long-term care, potential lost wages, and more. Here are some key economic damages a knowledgeable truck accident attorney will evaluate when preparing your case.

Medical bills 

Everything from the ambulance ride to the hospital to initial care, diagnostic tests, and surgeries should be paid for by the insurer for the at-fault party, whether it’s the large truck driver, the transportation company, or another entity. 

Future medical bills 

In addition, the settlement should factor in rehabilitation costs, ongoing care, and follow-up surgeries. 

Medications 

Many people who live with permanent injuries from truck crashes require regular medication for pain, trauma, or organ issues. Some may also take medication for PTSD, depression, or anxiety. 

Nursing care 

Individuals with the most serious permanent disabilities—such as spinal cord damage and paralysis—may need part-time or full-time nursing care to attend to daily tasks like brushing their teeth, making a meal, or bathing. This care could last until the end of their life. 

Home alterations and accommodations 

Many permanent injuries require special accessories or living arrangements. For example, a person who uses a wheelchair after a truck accident will now require a ramp, bars in the bathroom, large door frames, and other home alterations. They’ll also need special supplies and accommodations for the rest of their life. 

Lost wages and loss of earning potential 

Sometimes when a person’s health suddenly changes, they lose the ability to continue their career. Not only do they lose wages for every day they can’t work while recovering from their injuries, but they also lose future earning potential. A permanent disability damages claim after a truck accident should take into account the victim’s lost wages and future earnings as well as any re-training or schooling necessary to return to the workforce.  

The Hidden Costs Of Permanent Disability 

It’s critical to your wellbeing to choose a truck accident attorney you can trust to evaluate these essential non-economic damages in your case.

Pain and suffering 

It’s easy to know how much a wheelchair costs, but it’s harder to put a price tag on the pain of having your legs crushed in an accident or the suffering you endure if you can no longer care for yourself independently. The legal system has specific ways of calculating an injury survivor’s pain and suffering so they may be compensated for it.

Psychological damages 

The consequences that a devastating accident and permanent injury can have on your mental health can be equally as dire as physical injuries. Survivors can suffer from anxiety, depression, OCD, and PTSD after their large truck crash, and these issues may last a lifetime. They may also require therapy, in-patient care, and medication. 

Loss of marital relationship 

In some cases, a physical disability might mean that you can no longer enjoy a sexual relationship with your partner. This type of loss is hard to put a numerical value on. 

Loss of quality and enjoyment of life 

Having a permanent disability might limit life experiences you can engage in, from playing baseball in the backyard with your child or hiking a mountain. More importantly, it might compromise your independence, such as being able to feed yourself or go to the restroom alone. 

A permanent injury drastically changes the trajectory and ease of your entire life. If you were hurt in a commercial vehicle accident that wasn’t your fault, we encourage you to review our settlements and verdicts to understand how we’ll assign value to your case and work diligently to secure the justice you deserve.

The aftermath of a semi-truck crash can be catastrophic. If you were injured in a Seattle-area semi-truck accident that wasn’t your fault, you might feel fortunate to have simply survived. However, securing the compensation needed to move past serious and potentially life-altering injuries might seem impossible. Even if the semi-truck driver was clearly at fault, they—or their employer—could dispute the claim, telling the court that your negligence either caused or contributed to the collision. 

You likely stand your best chance at reaching a fair settlement with competent legal representation. But do you know what semi-truck accident attorneys do and what makes them more qualified to handle commercial vehicle claims than other lawyers? We’ll explain.

Why Semi-Truck Lawyers Differ From Other Personal Injury Attorneys 

A personal injury attorney must be admitted to the Washington state bar and licensed to practice law in the Evergreen State. Some personal injury attorneys have general practices: they might accept premises liability claims, defective product cases, and the occasional wrongful death action. Others almost exclusively represent people injured in certain types of accidents. 

Semi-truck lawyers are personal injury attorneys who have litigated numerous commercial vehicle claims. They’re well-versed in the local, state, and federal laws that regulate the interstate transportation industry and are familiar with the strategies that trucking companies and their insurers employ in court and know how to counter them. A savvy truck accident attorney also has the results to prove that they know how to fight for their clients’ rights.  

Understanding What Makes Truck Accident Claims Unique 

Semi-truck accident lawsuits are, at least on the surface, similar to other motor vehicle claims. If a truck driver clearly caused a collision, then they could be found liable for the costs of any resulting injuries. 

Otherwise, the similarities between semi-truck accident claims and other motor vehicle claims are superficial. Since the interstate trucking industry is regulated at the local, state, and federal levels, truck drivers—and their employers—are required to follow many regulations. 

For example: 

• Truck drivers are mandated by law to take regular drug and alcohol tests.
• Commercial vehicle operators are only allowed to operate their vehicles for a set number of hours each day and must have scheduled meals and rest.
• Tractor-trailers must be regularly inspected, maintained, and repaired.

Companies must keep records proving they comply with these laws. If a trucking company fails to maintain the right records, this could be evidence that it violated a legal duty to exercise a reasonable standard of care. 

How a Semi-Truck Lawyer Can Help You Win a Personal Injury Lawsuit 

An experienced Seattle-area truck accident lawyer knows how to build a compelling, evidence-based claim for recoverable damages. Your attorney could help you: 

• Investigate the crash site, collecting, preserving, and analyzing any evidence to substantiate your injuries and prove the other driver’s fault. 
• Compile and assess your medical bills to prove the accident resulted in serious injuries. 
• Determine who should be held liable for your crash-related injuries. The potential defendants may be the truck driver, the trucking company, a cargo shipper, or even a  vehicle manufacturer. 
• Interview eyewitnesses and consult industry experts. 
• Negotiate with the insurance company on your behalf.
• Take the case to trial if the adjuster refuses to offer a fair settlement.

Any automobile accident could have catastrophic consequences. However, semi-truck collisions are often devastating to another level, thrusting victims to the brink of physical collapse and financial ruin. While Washington law affords victims the right to file a claim for compensation, negotiating a fair settlement could prove an immense challenge, with the insurance company’s attorneys and adjusters employing every imaginable strategy to reduce their own liability—often, unfortunately, at the accident victim’s expense. Our Kirkland auto accident attorney explains more.

The Biggest Signs You Need to Speak to an Attorney

People often make the mistake of thinking they can take on the insurance company by themselves. However, transportation and logistics is a multi-billion-dollar industry: even small, mom-and-pop companies—let alone their Fortune 500 competitors—usually have their own attorneys, whose sole objective is ensuring that their clients remain as profitable as possible.

Unfortunately, paying big settlements is rarely good for a corporation’s bottom line. While the trucking company and its insurer might offer compensation, their settlement may not account for the totality of your damages.

Before negotiating with the adjuster or signing off on a settlement, consider whether:

• You have suffered serious injuries. If your injuries have left you in debt, unable to work, or in need of additional medical care, the insurance company might be reluctant to offer compensation beyond what you already owe—even if you need more money for future expenses.
• The accident has left you disabled. Semi-truck accidents can be so catastrophic that transportation companies are required by law to retain large liability insurance policies. While the policy may be able to accommodate disability-related expenses, calculating the costs of your long-term health care requirements, anticipated medical expenses, and loss of opportunity can be incredibly difficult without the right legal background.
• A third party contributed to your accident. Any collision involving a commercial vehicle has the potential to quickly become complicated, especially if a third party’s misconduct caused or contributed to the accident. An experienced Washington semi-truck accident attorney could help investigate the circumstances of your crash, holding every wrongdoer—be it the semi-truck driver, the trucking company, a vehicle parts maker, or a cargo shipper—responsible for their negligence.

How a Semi-Truck Accident Attorney Could Help You

A semi-truck accident attorney could help you:

• Determine liability. Semi-truck accidents often involve multiple defendants. Even if the truck driver single-handedly caused your accident, their mistake could have been influenced by poor employer policies, inadequate maintenance, or a cargo loading oversight. An attorney could help you establish liability and file claims against multiple defendants, maximizing your chances of receiving a fair settlement. 
• Construct a case. Your 18-wheeler accident lawyer could investigate your case, analyze law enforcement reports, review the trucking company’s safety history, and interview eyewitnesses—building a compelling, evidence-based claim for compensation while you focus on maintaining your physical health and emotional well-being.
• Advocate your interests. While you might think that you have an open-and-close case, you will still need to persuade the insurance company or the court that the trucking company’s negligence caused your accident. Oftentimes, this is far easier said than done, requiring repeated exchanges of evidence and out-of-court attempts at mediation. 

Your Potential Damages After a Commercial Vehicle Collision

Max Meyers Law could help you claim compensation for damages such as:

• Past, present, and anticipated medical expenses
• Physical rehabilitation
• Reconstructive surgery
• Prescription medication co-pays
• Lost income from work
• Diminished earning potential
• Disability
• Emotional pain and suffering
• Loss of enjoyment
• Loss of limb
• Disfigurement
• Wrongful death

Washington state does not currently cap the compensation available to semi-truck accident victims. However, you have to act fast: the Evergreen State has a strict statute of limitations on all personal injury claims. If you wait too long to take action, the court could automatically dismiss your claim, preventing you from recovering anything.

Hiring a Washington Truck Accident Lawyer

The aftermath of a Washington truck accident can be catastrophic. While you might feel fortunate to have simply survived, the costs of recovery could be enormous. You might be forced to take time away from work, even as your medical bills continue to mount. Regaining your physical and financial independence could seem impossible, especially if you do not have the money to hire an experienced attorney.

Fortunately, Seattle-area auto crash victims can get skilled representation at a price anyone can afford. 

Max Meyers Law Knows You Can Afford an Experienced Attorney

People often make the mistake of thinking that experienced personal injury attorneys charge massive amounts of money for their services. However, Max Meyers Law is not like other law firms. While we do have years of experience advocating for semi-truck accident victims across the state, we work exclusively on what is called a “contingency fee” basis.

Attorneys who operate on a contingency fee basis do not charge their clients any money up-front. Instead, we only accept payment as a percentage of your eventual settlement. If we cannot win your case, we do not get paid—period. 

The Benefits of Working With a Semi-Truck Accident Lawyer

Every semi-truck accident case is different. Max Meyers Law could help you win yours by:

• Investigating the causes of your wreck. Even if you have a seemingly open-and-shut case, the court will still expect that you have the evidence needed to show that the semi-truck driver, or their employer, was responsible for your accident. While this might not seem challenging, transportation logistics companies often have dedicated attorneys who do nothing except fight accident claims. Even if the company does not have its own counsel, its insurance company almost certainly does. A lawyer could help you review the driver’s safety history, subpoena the company’s violation records, and analyze any crash-site evidence needed to demonstrate that fault.
• Identifying the right defendants. Semi-truck accident cases are very different from ordinary car crash claims. Oftentimes, 18-wheeler collisions involve multiple defendants, such as the semi-truck driver, the trucking company, or even the truck manufacturer.
• Preserving your evidence. A semi-truck accident attorney could help you obtain and protect the evidence needed to win your case. For example, we could petition the court to compel the trucking company to preserve the internal documents, correspondences, and records relevant to your case.
• Consulting experts. Recovering from a semi-truck crash can take time. If you sustained particularly severe injuries, you might not be able to return to your pre-accident condition in a matter of weeks, months, or even years. Max Meyers Law could refer you to medical specialists who can help assess your long-term care needs, allowing us to negotiate a settlement that covers damages beyond your existing hospital bills.
• Negotiating a comprehensive settlement. Negotiating a holistic settlement can be difficult. While the insurance adjuster might feel some sympathy for your injuries, their ultimate loyalties lie with their employer. Since insurance companies are for-profit businesses, it is rarely in their best interest to provide an accident victim with the largest permissible settlement. A Seattle-area semi-truck accident attorney could help you protect your rights to a fair recovery by aggressively advocating for your best interests.

Compensation After a Washington Truck Accident

Truck accident claims can pose unexpected difficulties, especially if they involve serious injuries and multiple defendants. While you should never have to wait to receive compensation for an accident that was not your fault, insurance negotiations and litigation can be time-consuming processes. Although you could receive a settlement offer in a matter of weeks, your case’s timeline will likely depend on an assortment of other circumstances, including the at-fault party’s willingness to admit liability and agree to a fair resolution.

An experienced Washington semi truck accident attorney can help you resolve your claim quickly. However, you should be skeptical of anyone who promises a settlement check within a matter of days, weeks, or even months.

The Timeline for Typical Semi-Truck Injury Settlements

Nobody—not even an experienced lawyer—can tell you how long it will take to settle your claim.

Every personal injury case is different. In general, semi-truck-related litigation takes longer to resolve than automobile-related lawsuits. Before you can receive a settlement, you must still:

• File an accident report in accordance with Washington state law.
• Notify the trucking company and its insurer of your claim.
• Document your accident-related injuries.
• Provide evidence of the semi-truck driver and trucking company’s negligence.
• File an insurance claim or personal injury lawsuit.
• Negotiate a settlement, or prepare for a court trial if negotiations fail.

Why Semi-Truck Accidents Take Longer to Resolve Than Car Crashes

Even though semi-truck companies are required by law to purchase and maintain high-limit liability policies, insurance agencies are still for-profit enterprises. Consequently, insurance companies are usually more concerned about their profit margins than an accident victim’s physical and financial well-being. Even if the semi-truck driver or their employer was clearly at-fault, the insurance adjuster might still try to devalue your settlement by challenging your treatment or arguing over the costs of your long-term care.

You likely stand your best chance of recovery when you have an experienced, competent attorney advocating for your rights. Without legal counsel, the defendants and their insurers are unlikely to take your claim seriously. They could present you with unfair settlement offers or try to use your own words against you. Even if you are clearly entitled to compensation, they might still try to wear you down, asking for never-ending documentary evidence and disputing your calculation for compensatory damages.

What Influences the Duration of a Semi-Truck Accident Claim

While there is no “average” time to settle a semi-truck accident claim, your lawsuit could be affected by:

• How fast you act. Washington affords every resident the right to file an insurance claim or personal injury lawsuit after a serious semi-truck-related accident. However, the state also has a strict statute of limitations. If you wait too long to take action, the statute of limitations could prevent you from securing compensation, even if you had an otherwise open-and-shut case.
• The quality of available evidence. Insurance companies will not usually negotiate high-value settlements in the absence of compelling evidence. Even if you were unable to take photographs of the accident site or speak to law enforcement after the crash, an experienced Seattle-area semi-truck attorney could help you investigate the cause and circumstances of your accident.
• The extent of your injuries. Semi-truck companies and their insurance carriers are usually less likely to offer “easy” settlements if you sustained serious injuries, like a lost limb or irreversible cognitive damage, that require expensive medical treatment and long-term care.
• The number of potential defendants. Unlike conventional automobile accidents, semi-truck-related lawsuits usually involve multiple defendants. You might have to file separate claims against the semi-truck driver, the trucking company, and even an automotive parts maker. Max Meyers Law could help you determine who should bear the costs associated with your legal recovery.
• Whether you hire a lawyer. Insurance companies often recommend that claimants negotiate a settlement independently, saying that a lawyer will “only make things more difficult.” However, research has shown—time and time again—that semi-truck crash victims who have lawyers are more likely to both successfully settle their claim and receive more compensation than victims who do not have an attorney.

If you have been injured in a serious Washington semi-truck accident, you will eventually have to speak to an insurance adjuster. While insurance adjusters are hardworking professionals who may have genuine sympathy for your circumstances, they are nonetheless trained negotiators who represent the interests of their employers. If you try to speak to an adjuster without an attorney, they could pressure you into signing away your medical records and your rights.

Why Insurance Adjusters Ask to See Medical Records

When private automobiles and semi-trucks collide, the consequences are often catastrophic for the occupants of the smaller vehicle. Since semi-truck-related accidents always have the potential to cause debilitating injuries, trucking companies are required to purchase and carry high-limit liability insurance. If you or a loved one has been injured in a semi-truck crash, you will most likely have to pursue compensation through the insurance company.

Once the insurance company has been informed of the accident, they may dispatch an adjuster to investigate the crash and collect information related to your injuries. Adjusters typically need access to your medical records to assess your injuries and calculate the case’s value. However, the adjuster should only be allowed to see the records relating to your semi-truck accident—not your entire health history.

Insurance Adjusters Use Pressure Tactics to Get Extra Information

The adjuster will almost certainly need access to your accident-related records. However, they might try to ask you for additional information—information they do not need and to which they are not legally entitled. When you initiate a claim, the adjuster might ask you to:

• Recount your memories of the accident
• Provide a recorded statement
• Visit a physician of their choosing for a medical examination
• Sign a medical records release

The adjuster might say that compliance is the best way forward—and that if you do not follow the insurance company’s commands, you may receive a delayed settlement.

Adjusters Can Use Your Words Against You

Insurance adjusters do not ask for this additional information because they want to help you. Adjusters are beholden to their employer, the insurance company. And the insurance company, like most businesses, is a for-profit enterprise; its main objective is to protect its profit margins. Insurance companies have many strategies for protecting their profits. Unfortunately, these strategies often come at semi-truck accident victims’ expense. They might:

• Use your own words against you. If the adjuster asks you to provide a recorded statement, they are effectively on a fishing expedition—hoping that you will provide too much information, which could be used to downgrade the trucking company’s liability.
• Use your health history to devalue your claim. While the insurance adjuster needs to understand your accident-related injuries, they should never be afforded unbridled access to your health history. One of the insurance industry’s favorite tricks is attributing injuries their clients caused to pre-existing medical conditions. If the adjuster is allowed to peruse your records, they could find a way to blame your truck accident injuries on something else.
• Use your circumstances to push a premature settlement. Even if you have good health insurance, a serious semi-truck accident could push you to the brink of financial ruin. You might find yourself responsible for the costs of an ambulance ride, as well as expensive deductibles and co-pays. The adjuster might offer you a fast and easy settlement to help ease your worry—a settlement accounts for your immediate needs but does not include the money you need to replace lost income, pay for physical rehabilitation, or compensate for your emotional pain and suffering.

A Washington Semi-Truck Attorney Could Safeguard Your Rights

If you have been injured in a serious Washington semi-truck accident, you may be only months, weeks, or days from financial ruin. Max Meyers Law believes that nobody should have to bear the financial burden of another person’s bad mistake. You should not be forced to wade through the insurance company’s red tape just to secure a fair settlement. We can help you stand up to the adjuster, protect your rights, and fight for the best possible recovery. Please send Max Meyers Law a message online or call us at 425-399-7000 to schedule your free, no-obligation consultation.

Related Links: Bad For Your Bones: The Alarming Truth About Fractures And Crush Injuries Caused By Heavy Trucks How To Recover From A Truck Accident Facial Injury These Truck Accidents Can Cause Serious Injury—Learn What You Should Do After You’re Hurt

Internal injuries don’t often manifest right away, but they can quickly deteriorate into serious situations if they are left untreated. Let’s discuss what to do to protect yourself after a trucking accident, what to watch for, and how an attorney can help if you are, in fact, injured internally. 

Get Medical Help Immediately—and Call a Lawyer

The first thing to do in the aftermath of a truck accident is to seek medical help as soon as possible—even if you think you aren’t injured or your injuries are minor. Any major impact like a crash can resonate throughout your body, and the jostling can damage your internal organs the same as it can break an arm or leg. Symptoms may not be apparent for hours or even days after an accident, but if it goes undetected, an internal injury could become dangerous very quickly.

The very next thing you should do is contact an experienced personal injury attorney. Proving liability depends on the available evidence—and evidence tends to fade with time. A good attorney will know how to approach the evidence to determine fault. They will also know the right questions to ask, including what is needed for a proper diagnosis of your injuries, so they can calculate how much you should receive in damages.

Types of Internal Injuries You May Suffer in a Truck Crash

Your body contains many internal parts, any of which could be injured by a major impact like a truck crash. These injuries can occur by direct penetration (e.g., debris puncturing your body) or simply by the blunt force of the sudden stop. Some of the most common internal injuries include:

• Broken ribs. Fractured ribs aren’t just painful—they can also be dangerous. Broken ribs afford less protection to your vital organs (i.e., heart and lungs), and severely damaged ribs can also send bone parts into these organs.
• Punctured/collapsed lung. A sharp impact can puncture a lung, which sends air out of the lung into the chest cavity. If the lung collapses, you could struggle to get enough air and eventually suffocate without treatment.
• Injured organs/internal bleeding. Any of the soft organs inside your body could be bruised or lacerated in a truck accident. Damage to the liver, kidneys, or spleen is quite common in these crashes. Left untreated, the internal bleeding could cause you to go into hemorrhagic shock.
• Abdominal aortic aneurysm. One common internal injury with severe collisions is an abdominal aortic aneurysm, in which the stomach presses against the aorta (a primary artery) and causes it to enlarge through the accumulation of blood. Left untreated, this aneurysm can be fatal.
• Brain bleeding. An impact to the head, or even the jostling of the brain inside the skull, may damage brain tissues and cause unseen bleeding, which may restrict oxygen to the brain and/or cause permanent brain damage.

Liability for Internal Injuries in Trucking Accidents

With accidents involving trucks, liability may rest with one or more parties, depending on the circumstances causing the crash. These may include:

• The at-fault truck driver 
• The trucking company 
• The manufacturer of the truck or parts manufacturers 

Whoever is liable, the at-fault party may be responsible for paying for the costs of your medical treatment and recovery from your internal injuries, as well as additional damages for lost wages, pain and suffering, etc.

How an Attorney Can Help You 

While it can be hard to prove who is at fault in a truck accident, it’s even harder for an injured victim to do so on their own. Your ability to get your full compensation may depend on how quickly you get an experienced truck accident attorney involved. A good attorney will investigate the accident to determine who is liable, calculate the losses you’ve incurred, and work aggressively to make sure the responsible party pays those damages. 

If you’re injured in a truck accident in Washington State, the legal team at Max Meyers Law can help you receive the settlement you need and deserve. Contact our offices to schedule a free consultation or call us at 425-399-7000.

Related Links: Common Trucking Accident Injuries and the Rights of Victims What Is Vicarious Liability for a Truck Accident? Benefits of Hiring a Lawyer Early After a Truck Accident

 

Speeding is one of the biggest causes of commercial truck accidents. According to the FMCSA, speeding plays a role in about 23% of large truck accidents. If you have been injured in an accident caused by a speeding truck, the actions you take now can have a dramatic effect on the compensation you receive—which is why it’s important to contact an experienced truck injury accident attorney as soon as possible.

Why Do Truckers Speed?

If speeding trucks present so much danger on the roadways, why do truck drivers speed? There are a variety of reasons, but the most common include the following:

• Pressures of the job. Truckers are often paid by the mile or by the job. The more miles they fit into their schedule, the more they are paid. Sometimes, the trucking company pays a bonus to drivers who deliver ahead of schedule. These pressures often cause truckers to speed.
• Running behind. Trucking companies often place their drivers under grueling deadlines for delivery. If the trucker is running behind schedule, they may speed to make up for the lost time.
• Distracted driving. Truckers drive for long stints, often down many miles of open road. The driver’s mind may wander due to distraction or fatigue, and they might not realize how fast they are going.

How Do Speeding Truckers Cause Accidents?

Truckers who speed are more likely to be involved in an accident for several reasons. These include:

• Longer stopping times. A fully-loaded semi requires about 40% more road to come to a stop than a passenger vehicle moving at the same speed. In real numbers, a loaded semi driving at 60 mph must travel farther than the length of a football field to come to a stop. Speeding truckers often don’t have enough room to make sudden stops, increasing accident chances. 
• Less time to react. The faster a vehicle travels, the less time the driver has to respond to sudden changes on the road—thus increasing their likelihood of being involved in an accident.
• Less control over the vehicle. Speeding makes it more difficult for a trucker to maneuver the truck. Making too fast of an adjustment or attempting to take a turn too quickly can cause them to lose control of the truck.

What Kinds of Injuries May Result?

With trucking accidents, it’s not just about how fast they drive—it’s also how much distance is covered in the same amount of time. A truck moving at 60 miles per hour will cover 20% more ground than one driving at 50 mph. That means that if you were hit by a speeding tractor-trailer traveling 60 mph instead of 50 mph, there would be 40% greater impact force—resulting in far worse injuries. For this reason, the sheer mass and momentum of truck-involved accidents are more likely to cause severe injuries than accidents involving two passenger vehicles. 

Broken bones, severed limbs, and traumatic brain injuries are quite common in these collisions, as are internal injuries caused by the sudden impact of the truck. Serious injuries such as these can involve expensive surgeries and long recovery times. In some cases, the physical damage may be permanent and require a lifetime of care.

Recovering Damages in a Speeding Truck Accident Case

As a truck accident injury victim where the truck was at fault, you should be able to claim significant damages that include compensation for your treatment and recovery, lost wages, pain, and suffering, etc. However, liability can be challenging to prove in trucking accidents. Even if the driver was obviously speeding, the driver’s negligence may not be the only factor. If the trucker was under undue pressure from his employer—or not properly trained—the trucking company may share some liability. In some cases, the truck manufacturer may also share responsibility.

An extended investigation may be required to determine shared liability. The insurance companies for all these entities may haggle over who is responsible for what percentage of the damages. It requires a skilled truck accident attorney to deal with these variables so you receive a fair and timely settlement. The legal team at Max Meyers Law has plenty of experience helping truck accident victims in Washington to receive the full compensation to which they’re entitled. Contact our offices to schedule a free consultation.

Related Links: Why Are Truck Accidents Different Than Car Accidents? Whose Insurance Pays for a Truck Accident? Types of Truck Accidents in Washington State

There are no limits on the damages you can recover in a truck accident case in Washington State, but judges usually do not allow successful plaintiffs to recover punitive damages. There are no limits on damages for wrongful death cases.

If you suffered injuries in a crash, a truck accident lawyer can help you pursue compensation for your damages. At Max Meyers Law, we will investigate your accident, build a compelling claim on your behalf, and go after the party responsible for your truck accident for the full value of your losses. Call us at 425-399-7000 today for a free consultation.

What Economic Damages Are Available After a Truck Crash in Washington State?

Economic damages represent out-of-pocket costs you incur as a result of the wreck. You might qualify for compensation for any of the following economic losses.

Lost Income

This includes compensation for your lost wages, salary, and other income you did not receive because of the accident, your recuperation, and your medical treatment.

Medical Bills

You can recover compensation for the reasonable expenses you faced for medical treatment and care. This category can include ambulance transportation, emergency treatment, a hospital stay, x-rays and other imaging, surgery, lab tests, a stay at a rehabilitation center, physical therapy, and prescription drugs.

Equipment

If you suffered a permanent, disabling injury, you might need to purchase specialized equipment. You could qualify for reimbursement for the cost of a walker, a wheelchair, home modifications, an accessible vehicle, and other expenses incurred because of your injuries.

Decreased Earning Capacity

After significant injuries, you might not be able to work as many hours as you did before. Depending on the long-term consequences of the harm you suffered, you might have to switch to a lower-paying or part-time job, or you might be completely disabled and unable to support yourself through employment. You can recover compensation for that loss.

Long-Term Care

Some people need ongoing medical and personal care after catastrophic injuries from a truck accident. Whether you receive these services at an inpatient facility, on an outpatient basis, or in your home, the costs are compensable.

What Non-Economic Damages Are Available to Truck Accident Victims?

When you sustain injuries in a crash, you suffer harm that goes above and beyond your economic losses. Your non-economic damages can include such things as your pain and suffering, disfigurement, loss of enjoyment of life, and your significant other’s loss of consortium.

While a tort reform law from the 1980’s used to limit how much you could recover for these losses, the state Supreme Court struck down this damage cap in a 1989 decision. There is no longer a limit on non-economic damages for personal injury claims in Washington.

When Can I Recover Compensation for Wrongful Death?

If your family member died in a truck accident, state law allows the surviving spouse, state registered domestic partner, child, or stepchild to bring a wrongful death action. The jury can award whatever amount of damages it feels are just under the circumstances of the case.

Does My Case Qualify for Punitive Damages?

Washington law has three requirements for juries that want to award punitive damages in a personal injury case:

1. The jury must find that the defendant acted with malice or with reckless disregard of the consequences to the plaintiff;
2. The damage amount must be high enough to punish the conduct; and
3. The amount must be high enough to deter the defendant and others from similar conduct in the future.

Punitive damages in a truck accident case are relatively rare. However, if the truck driver or their employer acted egregiously, we might be able to build a strong case for this additional compensation.

What If I Was Partially at Fault for My Truck Accident?

The judge can reduce your damages award if you were partly at fault in the wreck. Washington’s comparative negligence laws allow each at-fault party to recover partial compensation that is reduced based on the amount of negligence.

For example, imagine your damages were $40,000, but you were 10-percent responsible for the crash. The judge would take 10 percent off of your damages award, and you would receive $36,000.

How Will a Lawyer Prove My Damages?

At Max Meyers Law, we begin by gathering your medical records, invoices, employer records of lost wages, and all other pertinent evidence of your economic losses. We will get the police report to establish who was negligent, and we will also speak with eyewitnesses about factual issues related to your claim. We will talk with you and your loved ones to build the case for your non-economic damages.

To get started, call 425-399-7000 today. You can set up a free consultation with a member of our truck accident team.

Vicarious liability is the legal principle that one person can be liable for the negligent acts of someone else. This notion usually comes up in the context of an employer having to pay for the harm an employee caused. If the employee of a trucking company causes a crash, for example, the company might be liable for the damages that result.

For help understanding vicarious liability for a truck accident, contact Max Meyers Law at today. Truck accident lawyer Max Meyers can help you navigate the legal process to recover compensation after a crash in Washington.

When Can I Hold a Company Liable for a Truck Crash?

There are two main ways an employer is liable for the damages an employee caused.

“But For”

If the employer had not put the driver on the road, the accident would not have happened. In other words, but for the company hiring the driver to operate the large truck, the driver would not have collided with another vehicle. The “but for” category of vicarious liability does not always require carelessness on the part of the employer.

Negligence of the Company

Trucking companies have responsibilities to the public, such as:

• Hiring competent drivers;
• Training staff;
• Supervising drivers; and
• Maintaining trucks in safe, roadworthy condition.

If a trucking company is negligent in the performance of its duties, it might be responsible for the truck accident that occurred as a result.

How Can a Trucking Company Be Negligent?

If a trucking company fails to perform its duties to the public, it could constitute negligence. Here are a few examples of ways the employer can be careless in the performance of its duties.

Negligent Hiring of Drivers

When a company hires people to drive large trucks, the employer has a duty to keep the driving public safe from harm. The trucking company should perform a thorough background check and examine the driving record and criminal background of any potential hire. For example, if a trucker has a conviction for driving while under the influence of drugs or alcohol on his record, but the employer did not check his driving record or do a criminal background check, the employer can be liable if the trucker drinks on the job and causes a wreck.

Negligent Training of Drivers

An experienced driver can pass a criminal background check and have a clean driving record, and still not be appropriate to put on the road. If the driver’s experience was with a different type of truck, for example, the trucking company must train them to operate a new vehicle. If a driver’s lack of training causes a wreck, the employer might be liable.

Negligent Supervision of Drivers

A trucking company should supervise its drivers to discover problems quickly. For example, the employer should create a system to alert them when their drivers get speeding tickets, DUIs, or have accidents. The trucking company must also respond at once to these issues to get unsafe drivers off the road. If an employer fails to notice or respond to “red flags,” they could be vicariously liable for any damages that occur.

Failing to Maintain the Trucks in Safe Condition

If a trucking company does not keep its vehicles adequately maintained, it could be responsible for damages if poor maintenance causes or contributes to a wreck. For example, a company that cuts corners by sending drivers out in trucks with bald tires or defective brakes will be responsible if those parts fail and cause an accident. A trucking company should maintain an inspection and maintenance schedule for all vehicles. If a company fails to keep up with regular maintenance or hires unqualified, inexperienced people to service the trucks, it could constitute negligence.

Non-Compliance With Federal Trucking Regulations

If the employer participates in or ignores violations of federal trucking regulations, and those violations lead to an accident, the trucking company can be liable. It can be tempting to exceed the weight restrictions or have drivers stay behind the wheel more hours than allowed. In situations like this, there are often multiple parties at fault.

Why Should I Hold the Trucking Company Vicariously Liable for My Damages?

Truck crash victims often face serious injuries, which are expensive to treat. By filing a claim with the trucking company’s large general liability insurance policy, you stand a better chance of recovering enough compensation to pay for all of your damages. If you only hold the truck driver responsible, you will have to look to their vehicle insurance policy to pay you compensation.

At Max Meyers Law, we only handle transportation-related claims. We have experience handling truck accident claims in Washington. We can answer whatever questions you have about your claim. Call us at 425-399-7000 for your free consultation.

Yes, a truck accident can cause a bulging disc. Bulging discs are a type of spinal injury where the jelly-like inner portion of the disc pushes and stretches the outer layer of the disc, but does not rupture it like a herniated disc. If it puts pressures on the spinal cord or a nerve root, it can cause symptoms like pain and discomfort.

While some bulging discs are related to age and degeneration of the disc, trauma can cause disc injuries too. The violent and sudden force from an accident puts tremendous pressure on the spine, including the soft discs between the vertebras. This may cause the soft inner part of the disc to push against the outer layer of the disc. If the disc applies pressure to a nerve root or the spinal cord, it can cause pain and discomfort.

How Can You Tell if You Have a Bulging Disc?

If you have a bulging disc in the upper part of your spine, you may have symptoms in your shoulder and arm. Bulging discs in the lower spine may affect the buttocks, thigh, and calf. You might have pain, numbness, tingling, or weakness in the affected areas.

You might feel shooting pain when you move in a certain way, cough, or sneeze. Some positions might be excruciatingly painful.

But in any case, you should see a doctor who can examine you and diagnose a bulging disc or other injuries you suffered in the truck accident.

When Should You Get Medical Attention for a Suspected Bulging Disc?

There are two reasons you should see a doctor after an accident:

1. Treat Injuries and Prevent Them From Worsening

Sometimes people do not have any symptoms at the scene of the accident, but injury symptoms show up days later. Even if you did not need emergency medical attention right after the accident, you should see your doctor for an examination.

Allowing an injury to linger without treatment may lead to its worsening over time. If your doctor identifies the injury and provides treatment or recovery instructions, you may find you can heal faster.

2. Connect Your Bulging Disc to the Truck Accident

The more days that pass between the wreck and your medical attention, the harder it will be to connect your bulging disc to the accident. That is, it will be more difficult to prove that the accident caused your injury and not something else.

What Are the Possible Complications of a Bulging Disc?

Depending on the location and severity of your bulging disc, you might require emergency surgery to prevent complications. The spinal cord splits into a system of nerve roots (cauda equina) below your waist. Compression of these nerve roots creates a medical emergency.

According to the Mayo Clinic, call 9-1-1 or go to the emergency room if you have any of these symptoms:

• Any of your symptoms get worse – numbness, pain, or weakness, particularly if you cannot function as usual.
• Loss of sensation that continues to get worse in the areas that would touch a saddle if you were riding a horse (saddle anesthesia).
• Bladder or bowel dysfunction, either becoming incontinent or being unable to void.

What Compensation Can You Recover for a Bulging Disc From a Truck Accident?

As with any other type of personal injury claim, you can recover your economic and non-economic damages from a truck crash.

Your economic losses include such things as your medical expenses, lost wages, and decreased earning potential.

Your non-economic losses can include your pain and suffering, disfigurement, loss of enjoyment of life, mental anguish, and loss of consortium.

Work with a lawyer at our firm for help calculating the value of your claim, as some insurance companies may offer lowball settlements that fail to account for future damages or non-economic losses.

Does it Matter if You Were Partly at Fault for the Truck Accident?

You can still recover compensation for your injuries, but under Washington law your comparative negligence will reduce the amount you get in proportion to your percentage of fault.

For example, if you had damages of $50,000 and you were ten percent at fault for causing the accident, your recovery will be $45,000 after the ten percent reduction.

If you sustained injuries from a truck accident, please call Max Meyers Law at 425-399-7000. We will evaluate your claim for free and with no obligation.

Just as in any other motor vehicle accident, liability for a truck accident depends on what caused the crash. But when an accident involves a truck, multiple parties – and therefore multiple insurance companies – may be involved and could be liable.

We recommend working with a lawyer to identify the responsible party(ies) and the liable insurance companies. You can call us at 425-399-7000 to review your case.

What Parties Carry Insurance for Truck Accidents?

Any entity along the chain of distribution in which the truck is involved likely carries liability insurance. These can include:

• Trucking carriers. Trucking companies carry insurance to cover accidents caused by their truck drivers or their own negligence (e.g., negligent hiring, poor driver training, negligent maintenance and repairs, etc.).
• Cargo owners. The owner of the cargo truck may also carry liability insurance. The cargo owner may be liable for an accident if the cargo was a factor in the accident or the injuries. Examples of when cargo can be a factor include when the cargo is a hazardous material or when the cargo shifted and caused the driver to lose control of the truck.
• Cargo shipper/loader. There are strict rules about how to load and secure cargo during transport. When cargo moves while the truck is on the road, the truck’s center of gravity can change, causing the tractor trailer to careen, skid, or flip over. If improper loading or securing of the cargo was a factor in causing the accident or the injuries, the shipper or loader of the cargo can be responsible.
• Maintenance or repair company. If the company responsible for performing maintenance or repairs was negligent in its duty, it could be liable for an accident if the accident is related to failure to make repairs or perform maintenance, or for poor repair and maintenance.
• Truck or parts manufacturer. If a defective part on the truck caused or contributed to the wreck, then the part or truck manufacturer could hold liability too. For example, if a truck’s defective brakes caused the accident, then the truck or brakes manufacturer could be responsible for damages.
• Other drivers. If another driver – not a truck driver – caused or is partially liable for the accident, the at-fault driver’s liability coverage may cover the injured party’s damages too. The minimum coverage for cars in Washington is: $25,000 per person for injury or death; $50,000 for two or more people injured or killed; and $10,000 in property damage

How Much Insurance Do Large Trucks Have to Maintain?

Commercial trucks must have at least the minimum coverage required by federal rules. According to the Federal Motor Carrier Safety Administration (FMCSA), trucks must have:

• Liability insurance that protects the public for claims of bodily injury and property damage. The required amount can range from $300,000 to $5,000,000 depending on the truck’s weight and whether the cargo is hazardous.
• If the commercial vehicle transports passengers, it must carry at least $1,500,000 of liability insurance, but some have to carry as much as $5,000,000 of coverage.

We encourage people hurt in a truck accident to review other parties and their insurance policies with a lawyer, as coverage may vary depending on the party.

Will a Driver’s Own Insurance Cover Their Damages?

Drivers who carry no-fault coverage like personal injury protection (PIP) or collision coverage may file claims with their insurer in addition to seek compensation from a third-party insurer, such as those listed above.

These no-fault coverage options pay damages regardless of fault. But if you recover compensation in a liability claim, your insurer may be able to seek reimbursement for the benefits it gives you. This is called subrogation.

If you have been in a truck accident, call Max Meyers Law at 425-399-7000 to explore the insurance policies that may cover your accident. We can help you gather evidence and build your case so you recover fair compensation for your injuries and damages.

When a truck cargo spill causes a crash, liability will depend on several factors including what caused the spill, whether the truck carrier or other party followed federal rules on cargo containment and securement, and whether any other party was negligent in the accident.

What is the Purpose of Cargo Securement Regulations?

An inadequately secured load can shift in transit, throwing the truck out of balance, causing it to lose control and in some instances, overturn. Even if the cargo does not cause the initial accident, improper securement could allow it to spill and create hazards for the vehicles traveling near the truck. Thus, federal regulations dictate minimum securement standards to prevent cargo-related accidents and spills.

What Kinds of Cargo Do the Federal Cargo Securement Laws Cover?

Federal law sets strict guidelines for how truckers can transport heavy loads on our highways. The Federal Motor Carrier Safety Administration (FMCSA) requires tie-downs and securement equipment for all cargo-carrying commercial motor vehicles, except for certain bulk commodities “that lack structure or fixed shape (e.g., liquids, gases, grain, liquid concrete, sand, gravel, aggregates)” if they are transported in a tank, box, or similar device. Hazardous materials also have separate requirements.

When a truck is transporting multiple large objects, each object must all be immobilized so the objects do not strike each other when the truck is moving. Improper tie-down can result in objects inside the trailer portion of the truck colliding with each other, which can cause cargo spillage. If this spillage leads to an accident, the party responsible for the non-compliant tie-down of cargo will be liable for the crash.

Who Is Responsible for Accidents Related to Incorrectly Secured Cargo?

The truck driver and the trucking carrier can be responsible for an accident caused by the spill. If a third party loads the cargo improperly, that third party can be responsible. We will investigate the cause of the accident and actions taken by several parties along the chain of distribution to identify which party failed to follow federal rules or otherwise acted negligently.

Is a Trucker Automatically Negligent for Not Buying New Securement Equipment When the Federal Laws Changed?

No. Although the federal laws changed to include performance criteria, trucks can use existing securement equipment, as long as it achieves the same performance standards as required of the new equipment. Trucks may use a variety of materials, including cording, chains, wire ropes, steel strapping, or synthetic webbing to secure cargo.

Are There Applicable Securement Rules in Addition to the Federal Laws?

Yes. The FMCSA’s “Driver’s Handbook on Cargo Securement” cautions truckers that local regulations may be more or less strict than the federal laws. In the Handbook, the FMCSA tells truckers how to apply the North American Cargo Securement Standards. Following these standards will place a trucker in compliance with both American (federal) and Canadian cargo securement regulations. We will investigate which rules applied at the time of the accident and whether any parties along the chain of distribution was in violation of those rules.

If a Non-Truck Driver Caused a Cargo Spill, Is the Trucker Still Liable?

For the trucker or the carrier to be responsible for an accident, he must have done something that was negligent. If the cargo spills due to no fault of the trucker or carrier, then those parties may not be liable.

For example, a passenger vehicle collides with a truck, causing the truck to swerve and overturn. Some of the truck’s cargo spills and causes damage to a third vehicle. If the trucker and carrier fully complied with the laws on cargo securement and were not negligent in any way, the driver who collided with the truck is responsible for the third driver's damages. But even if another driver caused the wreck, but the trucker or carrier failed to secure the cargo, then both the at-fault driver and the trucker and carrier may be liable for the third driver's damages.

We must sort out issues of liability when pursuing legal action for an injured person, which can be especially complex when a large truck is involved. In fact, multiple parties may be liable, including the injured person in some cases.

Washington State follows the doctrine of pure comparative negligence, which means that an injured person can recover compensation for damages, minus their percentage of fault. Comparative negligence adds another layer of complexity to these cases.

If you have experienced injuries in a truck accident, call Max Meyers Law at 425-399-7000 for help taking legal action and sorting out the many complex issues involved in truck accidents, including liability, federal regulation, and more.

If you suffered injuries in a FedEx truck accident (caused by one of the company’s drivers), FedEx will likely be your liable party.

Why Would FedEx Have to Pay for the Negligence of Its Driver?

FedEx can be liable for an accident its driver causes in two different ways:

1. Vicarious liability
2. FedEx acted negligently in the hiring, training, or supervision of the driver.

What Is Vicarious Liability?

This legal theory holds an employer liable for its employees’ negligent actions, so long as the employees acted within the scope of their employment.

Consider the following: A FedEx driver completing a package run was texting and ran a red light, striking you as you passed through the intersection. In this case, FedEx is liable because the employee was acting within the scope of his employment (i.e., delivering packages) when he committed the action that caused your accident.

What Is Negligent Hiring, Training, or Supervising of a FedEx Driver?

FedEx has a duty to ensure its drivers behave safely behind the wheel. Companies can breach this duty in the following ways:

Negligent Hiring

FedEx must evaluate its driver applicants carefully by performing a background check, which should include pulling the driver’s record and doing a criminal record check.

If FedEx does not perform a thorough background check, and hires someone with multiple arrests for driving while impaired, FedEx can be responsible if this person drives the delivery truck while impaired and injures someone.

Negligent Training

Even if the driver has a clean driving record and no criminal convictions, FedEx can be liable if it did not properly train the driver. FedEx should evaluate the driver’s job skills, determine what gaps exist, and train the employee to fill in those gaps in skills.

If FedEx hires someone as a driver who has worked as a delivery driver for other companies but has no experience with FedEx’s delivery trucks, FedEx must train the driver on the safe handling practices for FedEx’s trucks. FedEx can be liable for any accidents the driver causes due to inexperience.

Negligent Supervision

FedEx’s responsibilities do not end when it puts a prudently-hired, well-trained driver on the road. FedEx must keep its finger on the pulse of its drivers at all times, to promptly detect problems that may arise. For instance, FedEx should have a system in place to discover when its drivers get DUIs, speeding tickets, or other moving violations — on or off the job. FedEx should take action when its drivers get moving violations. Failure to identify and respond to problems can be negligence.

Large corporations like FedEx have policies in place to make sure that negligent hiring, training, and supervision do not happen. Unfortunately, people do not always follow the rules at work. When employees get lazy or cut corners, the employer can be liable for the resulting damage.

What Damages Can I Get for a FedEx Truck Accident?

The damages in every case are unique, so we cannot speculate without talking with you about your case and learning your facts, but these are some common compensable items in FedEx truck crashes:

• Medical bills for your initial evaluation and treatment, therapy, and ongoing medical care. This category can include anticipated future medical expenses. We prove this amount by gathering your medical bills and any other related receipts.
• Lost earnings for the time you missed work due to the wreck and recuperation, plus time lost for treatments and therapy. This category can include anticipated future lost wages, decreased earning potential, and disability. We prove this loss through your employment records and, when necessary, testimony from vocational experts.
• Pain and suffering and other intangible damages, like loss of consortium and loss of enjoyment of life. We calculate this item based in part on the amount of your other damages.
• Punitive damages send a message to the employer when there has been outrageous conduct. For example, if FedEx knew its driver had received three citations for reckless driving but continued to let the driver get behind the wheel of one of its trucks, the employer might get hit with a demand for punitive damages.
• Property damages to repair or replace your vehicle and any contents damaged or destroyed in the wreck. We prove this through the repair estimates or total loss reports.

Get Help from Max Meyers Law, PLLC

If you suffered injuries in a FedEx truck accident and the wreck was not your fault, you need a knowledgeable legal team on your side. FedEx is a huge corporation with a fleet of lawyers on retainer, ready to defend them.

At Max Meyers Law, PLLC, we only represent accident victims in transportation-related cases, so we will fight to get you all the compensation you deserve.

Call us today at 425-399-7000 and we will line up a free consultation for you, with no obligation.

In most cases, UPS will be your liable party in a UPS truck accident, even if the truck driver was 100 percent responsible for the accident.

How Is UPS Liable for the Negligence of its Drivers?

UPS is responsible for the harm done by its employees under the theory of vicarious liability. The Latin term for vicarious liability is “respondeat superior,” which means that if an employee commits a wrongful act while on the job, the employer is liable. The thinking behind this legal theory is that, if UPS had not hired the person to drive the truck, the driver would not have had the crash.

Can UPS Also Be Negligent?

Yes. UPS can also be directly liable for an accident. This can occur if UPS engaged in negligent:

• Hiring,
• Training,
• Supervision, or
• Retention

What Is Negligent Hiring?

UPS must exercise caution not to hire dangerous drivers, so it does not put people in harm’s way. UPS can be liable for negligent hiring if it does not carefully scrutinize all applicants for driver positions. UPS is supposed to perform a background check, including pulling a driver’s record, before it hires someone. Failure to carry out a sufficient investigation of a potential driver is negligent hiring.

Another example of negligent hiring is when a company hires someone despite the fact that the pre-employment investigation revealed they have a bad driving record.

What Is Negligent Training, Supervision, and Retention?

UPS can also be responsible for contributing to bad driving or keeping a problem driver on the road. Even if UPS did its due diligence during the hiring process and the driver had a clean driving slate, the company can be on the hook for:

• Negligent training: Failure to provide proper training for drivers — both initial and continuing education.
• Negligent supervision: Failure to monitor drivers for problems, such as speeding tickets, accidents, and DUIs.
• Negligent retention: Failure to fire problem drivers.

Companies like UPS must have policies that remove their drivers from the road if they become a danger to the public. An example would be that the company terminates drivers who have two moving violations in two years. Failure to enact policies to protect the public is negligence, and failure to enforce these policies is also negligence.

Is Filing a Claim Against UPS Complicated?

In most cases, yes. There are two main reasons UPS accident claims are often complicated:

• UPS is a large company which means it has a large insurance company and a large, experienced legal team behind it. The team at Max Meyers Law, PLLC is not afraid to stand up against UPS and its legal team to recover the compensation you deserve.
• UPS has most of the evidence we need for your claim. UPS holds the driver’s personnel file, drug and alcohol test results, any sanctions the company took against the driver, ad his hours of service logs. We will send a letter of spoliation to ensure the company preserves and hands over that evidence.

Can Another Party Be Liable for My UPS Accident?        

Yes. If the accident resulted from a maintenance error or a defective part, we might be able to hold a maintenance company or manufacturer liable.

The truck accident team at Max Meyers Law will compile all the pertinent records to build your case and establish fault. We will collect the evidence to prove your damages and deal directly with the insurance companies and UPS’ lawyers for you.

What Damages Can I Recover for a UPS Truck Accident?

UPS can be liable for your:

• Trauma bills: Initial medical treatment and ambulance costs. We can help you gather these documents.
• Subsequent medical treatments: Necessary to “make you whole” again. We will retrieve these bills from your health care providers.
• Lost wages: Time lost from work for the initial recuperation and medical treatments. We can retrieve these records from your employer.
• Decreased earning capacity: To compensate you if you are no longer able to work the number of hours you used to, cannot do the same type of work as before the accident, or will be unlikely to enjoy the same career path you would have but for the crash. We can get the documentation from your employer. We can use a vocational expert to get a more accurate value of your lost earning capacity.
• Disability: For long-term or permanent loss of function that makes you unable to work or that causes you to need assistance with daily activities. We prove this through your medical records and, when appropriate, through expert witnesses.
• Pain and suffering: We calculate and demand an appropriate amount of money to account for what you have endured.
• Punitive damages: These damages punish the wrongdoer for actions that are malicious, intentional, or a wanton disregard for public safety.

You do not need to handle your UPS truck accident claim alone. Call Max Meyers Law, PLLC at 425-399-7000 today to set up your free, no obligation consultation.

Truck accidents are different from car accidents for multiple reasons. Trucks are cars on a much bigger scale, which means all of the issues that come along with a truck accident are usually bigger as well. These issues include:

Truck Accidents are Often More Severe

While car accidents are much more common than truck accidents, truck accidents are more often catastrophic or deadly. According to 2012 statistics from the Centers for Disease Control and Prevention, for each occupant of a large truck who died in a crash, six other people outside of the truck were killed.

Truck accidents often result in:

• Traumatic brain injuries/skull fractures
• Spinal cord injuries
• Crushing injuries
• Broken bones
• Amputations
• Death

With more severe injuries comes higher medical bills and weeks or months of lost wages. In some cases, victims are never able to return to work and require long-term care.

Truck Accidents Can Have Several Different Liable Parties

When you are in a car accident, you or the other driver are typically the only potentially liable parties. However, in an accident involving a large truck, there might be two or three different liable parties.

First, the trucking company is likely to be the liable party, even if the truck driver is 100 percent responsible for the collision. This is because, under the doctrine of vicarious liability, employers are responsible for their employees’ actions, so long as the employee acted within the scope of his employment. This is true in almost every case, unless the driver was an independent contractor or was acting outside of his employment (e.g., took his truck to the bar after work and caused an accident coming home).

The trucking company can also be directly liable for negligent maintenance or negligent hiring. In some cases, a truck part manufacturer or the truck’s maintenance team might also be responsible.

The Investigation Process is Different

After a truck accident, there will be multiple investigations. In addition to the usual accident report filed by law enforcement, there might also be an investigation by the trucking company and by the Federal Motor Carrier Safety Administration (FMCSA).

This can become confusing if all three investigations come to separate conclusions. We can also work with an accident investigator to establish exactly how the accident occurred.

The Trucking Company Has the Evidence You Need

Truck accidents are often more difficult because the trucking company has much of the evidence you need to prove fault, including:

• Hours of service logs
• Data from the truck’s electronic data recorder
• Drug and alcohol test results
• The driver’s personnel file
• The truck’s maintenance records
• The truck itself

And it only gets more difficult from here. Federal laws allow trucking companies to destroy evidence after a certain period of time. This means that unless you discuss your case with a truck accident lawyer immediately, the trucking company could destroy evidence critical to your case.

Trucks Have Different Regulations than Cars

Trucks have different licensing and registration requirements than passenger cars. A different class of driver’s license and specific training is required to drive a large commercial vehicle. Trucking companies and their drivers are subject to multiple federal regulations as well as state laws. Some of these regulations include:

• Only being able to drive for a certain number of hours
• How often trucking companies and drivers need to inspect their vehicles and cargo loads
• A much lower blood alcohol content limit (0.04 vs. 0.08)/drug and alcohol testing after certain accidents
• Handheld cell phone ban

A violation of almost any of these regulations can increase the likelihood of an accident. If we find that a rule violation caused or contributed to your accident, we can use it as proof of negligence.

Higher Potential Payouts

Per 49 CFR § 387.303, the insurance requirements for commercial trucks are:

• Public liability insurance for such claims as bodily injury, property damage and environmental restoration: $750,000 to $5,000,000 based on the weight of the truck and whether the cargo is hazardous;
• Commercial vehicles transporting passengers: $1,500,000 to $5,000,000

This is much higher than Washington’s minimum requirement of $25,000 per person and $50,000 per accident.

In addition to the higher policy limits, there may be multiple parties and companies who can also be liable for your injuries, and they may each have their own insurance coverage.

While the many potential liable parties and higher policy limits in a truck accident mean you can recover a higher insurance payout, it also means you will be facing an uphill battle. The commercial insurance company and the trucking company will have lawyers on standby at all times, ready to jump in to defend against accident claims. This can be intimidating to a person who was injured in an accident involving a large truck.

Get help from a Seattle truck accident attorney.

The investigations and claims processes are different in truck accidents. This is a complex, sophisticated area of law, and the cards are stacked against you if you try to handle your truck accident injury claim on your own without a lawyer. The other side will have teams of lawyers ready to jump in and vigorously defend against your claim. At Max Meyers Law, PLLC, we will handle the investigators, the insurance companies, and the defense lawyers for you.

Call us today at 425-399-7000 for your free, no-obligation consultation with our truck accident lawyer.

In most instances, yes, you can sue the truck company for an accident caused by a poorly trained driver. This is because under Washington State and federal law, carriers have a legal duty to only put capable, safe drivers on the road.

Ensuring their drivers are properly trained to operate a commercial truck and fit for the rigors of driving is part of a trucking company’s responsibilities. When its drivers’ training is subpar, victims can hold the company accountable for any resulting harm they sustain.

What training must truck drivers have?

The Federal Motor Carrier Safety Administration (FMCSA) sets forth the rules and requirements for the trucking industry. This includes certain criteria that carriers must ensure their drivers meet.

Some of the training requirements truck companies must ensure its drivers have to lawfully operate a semi-truck on the road include:

• Commercial driver’s license (CDL): The company must ensure the driver has obtained his CDL from an instructional program that meets FMCSA standards to demonstrate proficiency in field knowledge and behind-the-wheel training on a driving range and on a public road. If the driver plans to haul multiple trailers, tanks, passengers, or hazardous materials, he must have the appropriate endorsements with his CDL and meet the appropriate safety requirements.
• Background check: Carriers must perform a background check on their drivers during the application process to obtain information such as details about previous employment and the applicant’s driving record in every state he has been licensed in.
• Technical skills: Carriers must make sure their drivers demonstrate the technical skills necessary to safely operate a commercial truck, e.g., maneuvering and braking techniques, proper securement, knowledge of FMCSA hours of service limits, how to spot mechanical issues, and how and when to perform safety checks.
• Medical clearance: Carriers must also ensure their drivers meet minimum health standards. Drivers must undergo a physical exam, pass a hearing and vision test, and be free from health and mental conditions that could interfere with driving such as epilepsy or alcoholism.

How can inadequate training contribute to truck accidents?

Truck drivers must have sufficient knowledge, skills, and practice to safely operate a large truck weighing up to 80,000 pounds. When they do not meet basic training standards, drivers may make errors that can wind up causing devastating accidents, such as:

• Improperly securing their loads
• Driving too fast for conditions
• Overcompensating
• Taking a corner or descent too fast
• Failing to perform a thorough enough safety check on their truck

How do I prove a poorly trained truck driver caused the accident?

Proving a poorly trained truck driver caused your accident will take considerable investigation. Our truck accident attorney at Max Meyers Law, PLLC can help.

We can take the necessary legal steps to obtain a copy of the truck driver’s employee file, driving record, and criminal record. We will scour the records for deficiencies in training, poor performance, or conduct reports, and any other information that could indicate inadequacy. We can also collect other evidence that may be useful to prove negligence such as the driver’s log book and truck maintenance records.

Unfortunately, even though the FMCSA requires carriers to keep information on file about their drivers and fleet for a certain period of time, carriers tend to “lose” or “accidentally destroy” records when they are facing a liability lawsuit. Acting swiftly can prevent the destruction of evidence you need to prove your truck accident claim.

Our team at Max Meyers Law, PLLC can send what is called a spoliation letter to the carrier that reminds it of its legal duty to preserve certain documents and of the penalties for altering or falsifying records, and requests it provide us with the files we need for your case. Time is of the essence when it comes to the preservation of evidence.

Contact a truck accident lawyer in Kirkland at Max Meyers Law, PLLC to discuss your case for free today: 425-399-7000.

Defective brakes can cause deadly crashes, especially when those brakes are defective on large trucks. While Washington State law allows accident victims to recover compensation for any injuries they sustain at the hands of another party, determining who is at-fault for a defective brake crash can be difficult. We can help.

Who is responsible when defective brakes cause a truck crash?

The answer is not always easy to determine. Many different people can be responsible for the safe condition of truck brakes. If any of those parties fail in their duty, they can be responsible for a truck crash and any resulting injuries. The following parties can all be liable:

Brake Manufacturer

This is likely your first option. If a manufacturer of a product makes a defective product, the manufacturer is liable for any injuries that occur.

Taking on a manufacturer is quite a challenge though. Manufacturers have teams of lawyers who will try to wear down anyone who is trying to hold them responsible for their negligence. You need a tough, aggressive lawyer on your side, one who will stand up to the manufacturers and demand that they pay for the harm they caused.

Because holding a manufacturer liable is so difficult, you do not need to prove negligence. Instead, you need to prove the following:

• The manufacturer created an unreasonably dangerous product.
• The product injured you or someone else while you were using it in a way the manufacturer could have foreseen.
• The product was not changed substantially after being received.

Truck Driver

Truck drivers must perform a daily safety check on their trucks, and write a report of all problems found. There are two ways in which a truck driver can be liable for defective brakes based upon the duty to inspect:

• If the truck driver failed to perform the required safety inspection of the vehicle or did an incomplete or inept inspection; and
• If the truck driver did an inspection but failed to report defective brakes on his report.

However, even if the truck driver is responsible, the liable party will be the trucking company under the laws of vicarious liability. Vicarious liability holds employers liable for their employees’ actions so long as the employees acted in the scope of their employment.

Trucking Company

In addition to being vicariously liable for their drivers’ actions, trucking companies can also be directly liable if they do not inspect their trucks regularly or if they failed to repair defective or worn brakes.

Truck Maintenance/Repair Company

Many trucking companies hire other companies to perform needed repairs and to do the necessary maintenance to ensure safety on the roads. If the maintenance/repair company did not do its job correctly, it will be liable. A truck maintenance and repair company could be liable if it forgot to check the brakes during regular maintenance.

A truck maintenance/repair company can also be liable if it was negligent in performing required service on the brakes, or if it incorrectly installed the brakes. If the brakes failed and caused a collision, the maintenance company will be liable for any injuries that occurred.

How can I get help?

If you have been injured in an accident caused by defective truck brakes, you have an uphill battle. Holding a trucking company or manufacturer liable alone can be almost impossible.

You need a lawyer on your side who will take on the trucking company, the maintenance/repair company, the manufacturer, and anyone else who may be at fault in the accident.

The truck accident legal team at Max Meyers Law will fight to get you the compensation you deserve. We will determine what evidence you need, send spoliation letters when necessary, gather all the necessary evidence, and negotiate with the at-fault parties to recover the compensation you need. And we do this without charging a fee until you win. Call us today at 425-399-7000 for your free consultation.

According to a survey by the National Highway Traffic Safety Administration (NHTSA), tire problems are the “critical reason” for 35 percent of all crashes in resulting from vehicle issues. Tire blowouts are common and can cause severe accidents. This is especially true when a large truck causes a tire blowout accident. Victims can recover compensation for their injuries, but determining who is liable can be difficult.

Who is responsible for a crash caused by a truck tire blowout?

 

Quite a few parties might be responsible for a truck tire blowout accident:

Truck Driver

The truck driver can be responsible for an accident involving a truck tire blowout if s/he was behaving negligently (e.g., was distracted and did not see debris in the roadway), failed to check the tires before a trip, or ignored a bald tire during an inspection.

Even if the truck driver is responsible for the accident, s/he will not be responsible for paying for your injuries. Instead, the trucking company will be liable under respondeat superior, or vicarious liability. This rule holds employers responsible for any actions their employees take within the scope of their employment.

Trucking Company

In addition to being vicariously liable, the trucking company can also be directly liable for an accident. The trucking company has a responsibility to do as many safety checks as are necessary to always maintain their trucks in safe condition. If the trucking company could have detected the problem with the tire during a safety check, but did not conduct one, the trucking company can be liable.

Trucking companies can also be liable if they hire untrained drivers or those who do not observe safe driving practices. If a driver has a history of unsafe driving behavior, such as reckless driving or failure to observe prudent safety practices, and the trucking company does not perform a background check that would have uncovered this history, it can be liable.

Trucking companies can also be liable if they fail to establish safety protocols, train their drivers, or take corrective action when drivers exhibit unsafe behaviors if these failures contributed to the truck tire blowout.

Truck Maintenance/Repair Company

Many large trucking companies hire maintenance or repair companies to keep their truck fleet in good repair. If the maintenance or repair company was negligent in its duties, it can be liable for any accidents that occur.

Manufacturer

If a manufacturer produced a defective tire that caused an accident, it can be liable for any injuries. Products liability claims are highly technical and complicated; however, Max Meyers can help you navigate the process.

Road Maintenance

Potholes are a frequent cause of tire blowouts. In some cases, you may be able to hold the entity responsible for road maintenance liable. However, in many cases, these are government entities and very difficult to sue.

The team at Max Meyers will investigate your case and determine whether you will be able to recover compensation for your accident injuries.

Other Negligent Parties

Other parties can be liable for accidents involving truck tire blowouts, if their negligence caused the truck to have the tire blowout.

For example, when another vehicle cuts right in front of a truck, the truck may have to swerve to avoid hitting the vehicle that cut in front of it. If a situation like this causes an accident, the driver of the vehicle who cut in front of the truck can be liable.

How can I get help?

If you have been injured in a wreck involving a truck tire blowout, you need to put your case in good hands. At Max Meyers Law, our truck accident legal team has handled many truck accident claims. We will investigate your claim, work with the necessary experts, and keep at it until we get you the compensation you deserve. And we never charge you for our fees until you get a recovery.

Call us today at 425-399-7000 for a free consultation. 

Section 396 of the Code of Federal Regulations (CFR) contains federal laws that mandate how often trucking companies must inspect their trucks. If a trucking company fails to follow these regulations, it may be liable for any accidents that result.

What regulations must trucking companies follow?

Trucking Companies Must Perform Systematic Inspections

Per CFR § 396.3, trucking companies must “systematically inspect, repair, and maintain” all of their vehicles. It does not matter if they own or lease the vehicles. If the trucking company controls a vehicle for 30 consecutive days, the trucking company is responsible for complying with the inspection requirements.

There is no specific interval between inspections as “intervals are fleet specific and, in some instances, vehicle specific.” It is up to the trucking companies to determine their own inspection schedules. They must inspect as often as necessary in order to constantly keep the trucks in good operating condition.

Drivers Must Perform Daily Inspections

At the end of every driving day, the truck driver must inspect and prepare a written report on the following parts (if the motor carrier provides the equipment):

• Tires
• Wheels and rims
• Emergency equipment
• Service brakes and trailer brake connections
• Parking brakes
• Windshield wipers
• Lights and reflectors
• Rearview mirrors
• Horn
• Coupling devices
• Steering mechanism

According to CFR § 396.11, the driver’s report must include a list of all defects discovered in the daily inspection, as well as any defects the driver is aware of, if the defects would have an impact on the safe operation of the truck or if the defects could cause a mechanical breakdown. If the driver notes any such defects, the trucking company must repair the defects before anyone can operate the truck again.

Intermodal Equipment Providers and Drivers Must Follow Reporting Requirements

Motor carriers and drivers of intermodal (container) equipment providers must report all known defects and damage to intermodal equipment when returning the equipment to the provider or the provider’s agent. Per CFR § 396.9, these reports must include, at a minimum:

• Wheels, including the rims, lugs, and tires
• Brakes
• Lights, lamps, and markers
• Locking pins and similar devices
• Air line equipment
• King pin upper coupling devices
• Tie down equipment
• Sliding frame locks or sliders
• Support frames or rails

Providers must place any equipment that would “likely cause an accident or a breakdown” out-of-service.

Trucks Must Pass Periodic Inspections

Trucking companies cannot operate their vehicles unless each part of the vehicles passed inspection within the last 12 months, per CFR § 396.17. The documentation of these inspections must be inside the truck. While FMCSA does not tell trucking companies the dates on which they must inspect their trucks, they must perform sufficiently frequent periodic inspections in order to comply with the 12-month inspection requirement.

Trucking Companies Must Keep Records

Under CFR § 396.21, trucking companies must keep records of all the inspections on all their vehicles, for at least three months from the date of the report. In many cases, trucking companies need to hold records for a year and a half.

Does it matter if a trucking company does not inspect its trucks as required?

Yes. In the event of an accident, inspection records are vital. If the company knew of defects and did not promptly correct them, the company can be liable if those defects were a contributing factor in the accident. But what happens if the trucking company does not inspect its trucks as required by law, or does not maintain the required records?

A company cannot duck responsibility for unsafe trucks by failing to document the defects. The failure to inspect and maintain inspection records is, in itself, negligence. This negligence, in addition to operating unsafe trucks, can lead to higher damages assessed against the trucking company or intermodal equipment provider.

The adverse consequences for failure to inspect trucks do not end with liability for the accident. Federal law imposes financial penalties on trucking companies and intermodal equipment providers that do not comply with the inspection requirements. These companies can also face the loss of their operating licenses.

Where can I get help if a truck driver caused my accident?

If you or a loved one has been injured in a truck accident, call Max Meyers Law, PLLC for help. Our truck accident legal team will fight to get you the compensation you deserve. Call us at 425-399-7000 today for your free, no-obligation consultation.