Navigating Your Legal Options After a Commercial Truck Wreck in Icy Conditions

Winter driving can be treacherous, and the stakes are even higher when large commercial trucks are involved. These massive vehicles, weighing up to 80,000 pounds when fully loaded, pose significant risks in icy conditions. If you’ve been injured in a wreck involving a commercial truck, you may be wondering what options are available to seek justice and compensation. Below, we outline your potential courses of action and highlight some common causes of these types of wrecks.

Understanding Liability in a Commercial Truck wreck

Determining who is liable in a truck wreck isn’t always straightforward. Liability can rest with multiple parties, including the truck driver, the trucking company, or even a third-party. For example, potential areas of negligence could include:

1. Driver Negligence:
   • Was the driver speeding or driving too fast for the icy conditions?
   • Did the driver fail to properly inspect or maintain the truck before heading out?
   • Was the driver distracted or under the influence of drugs or alcohol?
2. Trucking Company Negligence:
   • Did the company pressure the driver to meet unrealistic deadlines, leading to fatigue?
   • Were they compliant with federal safety regulations, such as ensuring proper vehicle maintenance and adherence to Hours of Service rules?
3. Mechanical Issues:
   • Was the truck equipped with functioning safety features, such as anti-lock brakes?
   • Did a failure in maintenance, such as worn tires or faulty brakes, contribute to the crash?
4. Weather-Related Factors:
   • Did the driver fail to take proper precautions for icy conditions, such as using tire chains or avoiding travel when roads were unsafe?

What Recourse Do Victims Have?

Victims of truck wrecks have several potential legal options to pursue compensation for their injuries. These include:

1. File a Personal Injury Lawsuit: If the truck driver or company was negligent, you can file a personal injury lawsuit to seek compensation for medical bills, lost wages, and pain and suffering. Evidence such as police reports, dashcam footage, and witness statements will be critical to support your case. Trucking companies often bear responsibility for their drivers’ actions. If the company failed to enforce safety protocols or knowingly allowed an unqualified or overworked driver on the road, they could be held liable. If a mechanical failure caused the wreck, you might have grounds for a product liability claim against the truck manufacturer or a maintenance provider.

Knowing What Information to Bring vs. What Your Lawyer Will Handle

When pursuing a lawsuit, it’s important to understand what information you need to provide and what your lawyer will handle. Here’s a breakdown:

Information You Should Bring to Your Lawyer, if it is in your possession:

• Medical records and bills related to your injuries
• Documentation of lost wages or diminished earning capacity
• Photos or videos of the wreck scene, if available
• Contact information for any witnesses
• A copy of the police report
• Your account of the events leading up to the wreck

Information Your Lawyer Will Investigate and Provide:

• Analysis of federal and state regulations potentially violated by the truck driver or company
• Access to the truck’s electronic logging device (ELD) to check hours of service compliance
• Inspection and maintenance records of the truck
• The driver’s training history and qualifications
• wreck reconstruction to determine the root cause
• Insurance policy details from the trucking company
• Expert testimony from industry specialists or wreck reconstruction experts

If you’ve been injured in a commercial truck wreck during icy conditions, you don’t have to face the aftermath alone. Understanding your options and seeking the right legal representation can make all the difference in your recovery. Contact Strong Law P.C. to discuss your case and begin the process of seeking justice and compensation.