Safely driving an 18-wheeler or another large commercial truck takes a great deal of training and experience. It requires not only knowing the best way to operate the vehicle but also putting that knowledge and sound judgment into action at all times. To maintain a high standard of safety, truckers need to be prepared and engaged at all times. Unfortunately, truckers can become careless or reckless behind the wheel, resulting in truck driver error and ultimately causing an accident.
If you were hurt in a truck accident because the truck driver was negligent and made an avoidable error, contact our experienced personal injury attorneys at Studinski Law, LLC as soon as possible. Call us today at (715) 343-2850.
Truck Driver Error is the Most Common Cause of Accidents
The Federal Motor Carrier Safety Administration (FMCSA) conducted a large truck crash causation study, which it published in 2006. The FMCSA analyzed 120,000 large truck crashes occurring between April 2001 and December 2003. These accidents were assigned a critical event, which was the direct event that led to the accident, and a critical reason, which is the underlying cause of the critical event.
In total, 78,000 trucks were assigned a critical reason. The FMCSA assigned truck driver error as the critical reason behind 68,000 trucks being involved in accidents during the study period. The driver was the critical reason for an accident 87 percent of the time. More specifically, the critical reasons were:
- Driver non-performance (12 percent)
This included falling asleep, becoming physically impaired, and medical events.
- Driver recognition (28 percent)
This included drivers being distracted, inattentive, and failing to adequately observe a situation for some reason.
- Driver decision (38 percent)
This included a driver misjudging the speed of other vehicles, following too closely, or driving too fast for conditions.
- Driver performance (9 percent)
This included a driver exercising poor control, overcompensating, or panicking.
In comparison, the FMCSA assigned the vehicle as the critical event in 10 percent of large truck accidents and the environment as the critical reason for only 3 percent of truck accidents. Therefore, truck driver error is the leading reason for trucking accidents. If you were injured in an accident, you should work with our Wisconsin truck accident lawyers like those at Studinski Law, LLC who understand how to gather evidence of a trucker’s negligence and fight for your right to compensation.
Common Truck Driver Mistakes
Careless or reckless truck drivers can make common trucking errors, including:
- Driving too fast for the conditions
- Braking too quickly
- Braking too late
- Making overly tight turns
- Not slowing down enough before turning
- Following too closely behind other vehicles
- Making abrupt lane changes
- Improperly merging
- Improperly passing
- Driving beyond hours of service limits
- Driving while drowsy
- Driving while intoxicated by drugs or alcohol
Compensation After a Truck Accident
After being hurt in a trucking accident, it is important to understand the compensation to which you are entitled. Based on your physical, psychological, and financial injuries, you may have the right to pursue both economic and non-economic damages, such as:
- Medical expenses
- Wage loss
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
- Property damage, when applicable
Punitive damages may also be available and are not meant to compensate you for an injury. Instead, they are used by the court or jury to punish the wrongdoer and prevent similar incidents from happening again. You can seek punitive damages if you have evidence that the trucker or trucking company acted with malice or an intentional disregard of the rights of the motoring public. l. If you believe your case qualifies for punitive damages, contact us today to learn more about pursuing compensation.
How Our Truck Accident Lawyers Can Help You
It can be difficult to determine what caused the accident that led to your injuries. Since you were not in the trucker’s cab, you may not know what they were doing behind the wheel or why. Finding out this information could be essential to your personal injury claim. To prove the driver’s negligence and the trucking company’s wrongful conduct, you need evidence of the trucker’s careless or reckless actions.
At Studinski Law, LLC, we are prepared to conduct an in-depth investigation into the trucking accident, including hiring our own experts and working with local, state, and federal authorities. In the discovery phase of a personal injury suit, we typically seek documentation and electronic data from the truck itself, the truck driver, and the motor carrier. We will work to find enough evidence to help support your claims for fair and reasonable compensation.
Additionally, determining the value of your personal injury claim can be difficult since you are likely entitled to more than your medical expenses and lost wages. Your physical pain, emotional distress, and other non-economic damages all have a monetary value. Our attorneys can provide the information you need to determine the value of your non-economic claims based on comprehensive legal knowledge and years of experience.
Contact Our Wisconsin Truck Accident Lawyers Today
If you were injured in a truck accident, do not hesitate to reach out to us for legal advice. Trucking accidents are far more complex than normal car crashes since it often takes more work to determine what happened and why. Call us at Studinski Law, LLC at (715) 343-2850. We are here to help you get justice and compensation for your injuries.