Car accidents often result in severe and life-altering injuries. This percentage goes up significantly when a “large truck,” as defined by the National Highway Traffic Safety Administration (NHTSA) as a gross vehicle weight (GVWR) rating greater than 10,000 pounds, is involved. In a recent year, 71 percent of fatalities in large truck accidents were occupants of other vehicles. Furthermore, in the same year, 72 percent of the large trucks involved in fatal accidents were heavy large trucks, defined as a GVWR greater than 26,000 pounds. These statistics highlight the dangers posed by truck accidents to non-truck drivers.
If you suffered injuries in a Watertown, South Dakota, truck accident, hiring a skilled lawyer to help you seek fair compensation is crucial to your case. They’ll review the facts of your case, file a claim on your behalf, and represent you in court if filing a lawsuit presents the best option for pursuing the compensation and justice you deserve after suffering truck accident injuries.
Common Truck Accident Injuries
How serious are truck accident injuries? Depending on the accident and the injury, the severity can vary from mild to severe, even fatal. Several types of injuries can occur due to an accident. Here are common truck accident injuries:
- Traumatic Brain Injuries (TBIs) – TBIs may include concussions, hematomas, hemorrhages, contusions, and penetrating head injuries.
- Spine and Back Injuries – Injuries to the spine and back include whiplash, herniated discs, and paralysis.
- Broken Bones and Fractures – These include broken bones and fractures to limbs, ribs, and the skull.
- Lacerations and Bruising – These include any cut, gash, or bruising from broken glass, seatbelts, blunt force, etc.
- Internal Injuries – This includes internal bleeding from blunt trauma or penetrating injuries.
- Mental Injuries – Any lasting mental anguish, including depression, anxiety, and post-traumatic stress disorder.
- Death – A wrongful death claim may be possible if a fatal injury occurs.
Who Is Liable for Truck Accident Injuries?
Determining liability in a truck accident case can be complex. Your attorney can help determine who is liable for the accident. In a truck accident, multiple parties can be held liable, including:
- Truck Drivers – Drivers can be held liable if they are negligent or violate traffic and safety laws.
- Trucking Companies – The company may be liable if its employees are negligent or violate traffic and safety laws.
- Cargo Loaders – Employees who fail to secure cargo properly, which then causes an accident, can be held liable.
- Vehicle Manufacturers – The vehicle manufacturer may be liable if a defect in the truck causes the accident.
Can you sue a trucking company after an accident? The answer is yes. Any of these entities can be held liable for the accident and any injuries you may have sustained.
What to Do After a Truck Accident
There are several steps to take after a truck accident. Once you have dealt with the immediate aftermath, here is what to do:
- Report the Accident – Report the accident to all necessary parties, including local law enforcement and your insurance company.
- Document Evidence – Keep a detailed record of all evidence you can access, including photographs, witness information, and police reports.
- Seek Medical Attention – Ensure you follow up with a doctor. Internal injuries may be present, so following up with a medical professional is imperative even if you feel fine.
- Follow up on Medical Treatment – If you have been injured, keep detailed records of all medical visits, prescriptions, and rehabilitation.
- Consult a Truck Accident Lawyer – An experienced attorney can help you determine liability, negotiate with insurance companies, file a claim on your behalf, and represent you in court.
Keeping detailed records, following up on medical treatment, and consulting a lawyer can help make sure your rights are protected and you are set up for the best outcome for your case.
Legal Process After a Truck Accident
The legal process for a truck accident claim in South Dakota involves multiple steps. Here is what to expect after hiring an attorney:
- Investigating the Accident – Both attorneys (plaintiff and defendant) will gather evidence and investigate the accident. This includes reviewing police reports, obtaining truck driver logs, and analyzing maintenance records.
- Determining Liability – The collected evidence will help determine liability and support your claim in court.
- Filing a Claim – South Dakota requires accident claims to be filed within three years of the accident for personal injury and six years for property damage.
- Negotiating with Insurance Companies – Insurers may attempt to minimize or deny payouts. An attorney will work to negotiate fair compensation with the insurance company.
- Reaching a Settlement or a Court Verdict – Many motor accidents are resolved through settlements. However, if negotiations do not result in one, the case will proceed to trial, where the court will determine the compensation owed.
Truck Accident Injury Compensation
You may be entitled to specific compensation if injured in a truck accident. This compensation includes:
- Medical Expenses – This includes ambulance rides, hospitalization, follow-up doctor’s visits, medication, and rehabilitation.
- Lost Wages – This covers any salary lost while recovering and receiving treatment.
- Property Damage – This covers the cost of repairing or replacing damaged or destroyed vehicles and any personal belongings inside them.
- Pain and Suffering – This covers any noneconomic losses, including mental anguish, chronic pain, PTSD, anxiety, depression, disfigurement, and loss of consortium (loss of relationships and joy).
- Punitive Damages – This covers extreme cases of reckless driving to punish the at-fault driver for their dangerous behavior.
Hiring a truck accident injury attorney can help determine what compensation you are owed and fight for you in court.
Contact a Truck Accident Injury Attorney Today
If you have been injured in a truck accident, contact a truck accident injury attorney today. The skilled attorneys at Turbak Law Office, P.C. will explain your legal rights after a semi-truck accident and support you through this complex legal process. We’ve been committed to defending injured people since our founding 40 years ago. Since then, our experienced legal team has upheld relentless integrity, dedication, and compassion. Contact us today at 605-886-8361 for a free consultation. We are here to fight for the justice you deserve so you can focus on recovery.