Commercial trucks are vital to our society, delivering food and other necessary products across our great country. However, they also present a heightened danger to drivers due to their increased size and weight. Trucks can weigh as much 80,000 pounds. When you compare that to the average car weight of about 4,000 pounds, it’s a recipe for disaster.
If you or someone you love has been injured in a recent truck accident in the Vancouver area, don’t hesitate to contact an expert Vancouver truck accident attorney at NW Injury Law Center for a free legal consultation. We will give you personalized legal advice on how to move forward with an injury claim.
Why Choose NW Injury Law Center For Your Vancouver Truck Accident Claim?
- Three decades of experience. Our Vancouver personal injury attorneys have been serving injury victims in the Pacific Northwest for over 35 years. We have in-depth knowledge of state and federal trucking laws.
- Proven results. Our law firm is committed to the success of its clients. We have secured millions of dollars for injured accident victims, including a $1.3 million jury verdict for a trucking collision.
- No win, no fees. You won’t pay your trucking accident attorney unless you win your case. We proudly operate on a contingency fee basis in Vancouver, meaning we only charge a fee if the case succeeds.
Common Causes of Truck Accidents in Vancouver, WA
Based on data from the National Safety Council, crashes involving large trucks are three times more likely to result in an injury for passengers of other vehicles than the truck driver at a rate of 73% to 26%.
Adding to the risk of a personal injury accident or death is the fact that truck drivers are often pushed to their physical and mental limits to meet strict and sometimes unreasonable deadlines on their delivery obligations. Long hours on the road come at the expense of adequate sleep and safety.
In addition to the stress put on drivers, sometimes commercial vehicles are not maintained properly, whether it’s simple negligence, or trucking companies taking shortcuts to increase their bottom line. Improperly maintained trucks lead to higher accident rates, due to part failures, such as malfunctioning brakes or tires, or unsecured cargo.
While non-commercial vehicles can haul small amounts of materials, big rigs not only carry exponentially more and heavier content, often that cargo can be just as dangerous as the truck itself. Toxic and/or explosive materials, when dislodged from containers can be harmful to people immediately involved in the collision, but others as well, including the surrounding environment.
Last, but certainly not least, some companies hire truck drivers with little or no training, or do no investigation into their background. When incompetent drivers operate large vehicles on the highways, accidents are bound to happen.
Types of Truck Accidents
According to the Federal Motor Carrier Safety Administration (FMCSA), in 2021, 5,700 fatal accidents in the United States involved large trucks, an increase of 8 percent from 2020. In the State of Washington, 72 drivers of 18-wheelers and tractor-trailers were involved in fatal crashes in 2023.
Types of truck accidents commonly seen in Vancouver include:
- Jackknife accidents
- Blind spot accidents
- Lane-change collisions
- Rear-end collisions
- Wide turn accidents
- Override accidents
- Underride accidents
- Head-on collisions
- T-bone accidents
- Truck rollovers
- Runaway trucks
- Lost cargo loads
- Tire blowouts
- Equipment failures
Large trucks have many aspects that make these collisions more severe than the average passenger car crash, including their size, shape, weight and the possibility of carrying hazardous materials (hazmat).
Potential Compensation You May Be Awarded
As a victim of a trucking accident in Vancouver, you likely need much more than financial compensation to recover and rebuild your life after the crash. These collisions are often devastating, causing severe injuries and deaths.
However, seeking justice through an insurance claim or truck accident lawsuit can be the first step forward. You may be eligible for financial compensation for various economic and noneconomic damages from the trucking company or another at-fault party.
Economic Damages
Economic damages refer to the monetary or financial costs associated with your truck accident. These can include the price you have paid for your medical care as well as future estimated health care expenses associated with your injuries.
It can also include:
- Lost income and earnings
- Lost future ability to earn
- Disability costs or accommodations
- Rehabilitation or therapies
- Live-in or long-term care
- Property damage
- Travel or transportation
- Out-of-pocket costs
- Funeral and burial costs (in a wrongful death claim)
Seeking a fair amount for your economic damages takes adding up all of the bills and expenses caused by the truck accident, as well as estimating future monetary losses you may encounter. You might need assistance from an attorney to calculate these losses.
Noneconomic Damages
Noneconomic damages is a financial award that addresses the nonfinancial toll that a truck accident takes on a victim.
During your claim, you may be eligible for the following types of noneconomic damages:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Psychological trauma
- Post-traumatic stress disorder
- Depression or anxiety
- Disfigurement or permanent scarring
- Reduced enjoyment of life
- Loss of consortium
Noneconomic damage awards can be calculated using many different methods. Oftentimes, the courts will multiply a victim’s economic damage award by a fair amount (typically between 1.5 and 5) based on the severity of the injuries.
How Long Do I Have to File a Truck Accident Claim in Washington?
In Washington, a law known as the statute of limitations limits the amount of time you have to file a personal injury lawsuit for a trucking accident in Vancouver. The Revised Code of Washington § 4.16.080 states:
- The following actions shall be commenced within three years:
- (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated
Under this law, you generally have no more than three years from the date of the truck accident to file a related lawsuit. Note, however, that an insurance claim should be filed much sooner – ideally, as soon as possible.
Who Is Liable in a Commercial Truck Accident?
Determining liability, or legal responsibility, for a truck accident is something that an attorney can do for you. Your Vancouver truck accident lawyer can investigate the truck accident to determine fault and collect evidence to prove your case. Unlike a typical car accident case, you may have more than just the driver of the truck to hold liable for your losses.
An investigation may determine that one or more of the following parties is at fault:
- The trucking company
- A truck owner/operator
- A cargo company or distributor
- Maintenance personnel
- A truck part manufacturer
- A third-party driver
- The government
Identifying more than one party as a defendant in a truck accident case can maximize your financial outcome by giving you access to multiple insurance policies. Your truck accident attorney in Vancouver can interview witnesses, collect trucking company records and accident reports, and hire experts to prove liability during your case.
How to Prove Negligence in a Vancouver Truck Accident
Establishing that someone is at fault for your truck accident in Vancouver typically takes evidence of negligence, or that person’s failure to act with proper care. Proving negligence can qualify you for financial compensation from someone else’s insurance company.
Establishing negligence involves four principles:
- Duty of care, or an obligation to act in a way that a reasonable and prudent person would.
- Breach of duty, meaning an act or failure to act that was unreasonable.
- Causation between the defendant’s breach of duty and the truck accident.
- Damages suffered by the victim, such as injuries or property damage.
The types of evidence that may be available to prove a truck accident case include the truck’s black box, trucking company records, previous accident reports, the driver’s medical and driving histories, witness statements, photos and videos, medical records, and expert testimony.
Federal Motor Carrier Safety Administration Regulations
The FMCSA is responsible for ensuring that those involved in the trucking industry adhere to federal safety rules and regulations. These include, among others:
- Hours-of-service restrictions
- Electronic logging device requirements
- Recordkeeping and reporting regulations
- Truck maintenance and inspection minimums
- Truck driver hiring and training procedures
- Alcohol and drug screening measures
- Cargo securement and vehicle weight rules
- Hazmat regulations
Evidence that a trucking company or one of its employees violated an FMCSA regulation could serve as proof of fault during your truck accident case in Vancouver.
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Contact Our Vancouver Truck Accident Lawyer
Being involved in a semi-truck accident entails a different set of legal rules than everyday auto collisions. Special federal and state laws apply exclusively to truck accident cases. Not to mention, there is a strong likelihood of more parties being involved who are potentially liable for injuries, including the driver, trucking company, and product distributors.
With the added complexities that come with trucking accidents, it is crucial to have an attorney who understands federal and state laws and regulations, and who is also aware of the potential for multiple parties being held accountable for your injuries.
Please call NW Injury Law Center at (360) 695-1624 if you have any questions about your accident or would like to speak with a Vancouver truck accident attorney. We can schedule a free consultation to review your case.