As we drive the streets and interstates today it is hard not to notice the quantity of 18 wheelers that bombard the streets. A typical fully-loaded large commercial truck can weigh more than 40 tons, while an average passenger automobile weighs approximately 1.5 tons. As a result of the basic laws of physics, any collisions between commercial trucks and a typical vehicle is likely to result in serious (if not fatal) injuries. While statistics show that truck drivers are generally much more careful on the road than automobile drivers, large truck crashes still account for hundreds of thousands of injuries a year.

Other issues involved in commercial trucking deal with the content the truck(s) carry. An example of this is if hazardous or flammable materials are on board, secondary injuries attributable to such dangerous cargo can occur.

In the event that you or a loved one is involved in an accident with a commercial truck, often times legal action can and may need to be taken to recover the proper damages.

PROVING YOUR CASE IN TRUCKING ACCIDENTS
As is true in most personal injury cases involving vehicle accidents the liablility law that accounts for the accident is typically held as negligence. A person or business entity that causes injury is typically negligent if they fail to exercise reasonable care under the circumstances, and if the plaintiff's injuries occurred as a result of that failure. In a personal injury claim, the injured party must establish that:
1)The defendant (driver, trucking company, or other party) owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury within the specific circumstances. This is almost always met by virtue of the fact that all drivers on the road owe a legal duty of reasonable care to fellow drivers, passengers, and pedestrians.
2)The defendant breached (failed to exercise) such reasonable care.
3)This failure to exercise reasonable care resulted in the injury suffered by plaintiff.

DEALING WITH DEFENDANTS
In order to fully recover from a commercial automobile accident, it is important that you and your attorney identify as many potential defendants as possible. As well as the truck driver, trucking companies, contractors, employers, and insurance companies may also be liable for the injuries incurred.

When a commercial truck accident occurs, if an employment relationship is shown between the truck driver and a company he works for, then that company can be held legally responsible for the driver's negligence under a legal theory known as "respondent superior" which comes from Latin meaning hold the employer responsible. Under this liability doctrine, among other things your attorney will need to show that the company exercised some degree of control over the driver, and that the accident occurred while the driver was acting in the course of the employment relationship.

In unusual cases, the manufacturer or shipper of the dangerous/hazardous materials carried by the truck can also be held liable for the injuries incurred.

DAMAGES
Recoverable damages from a commercial trucking accident often include any physical, emotional and financial losses that resulted from the accident. It is always difficult to assign monetary awards for injuries that include death, paralysis, disfigurement, emotional distress, pain and suffering, costs of medical treatment, lost income, and loss of earning capacity, but that is the job assigned to the judge or jury hearing the case.

Our attorneys' track record of success in serious injury cases — including many resulting from car accidents — has been built through a clear ability to prove liability and maximize the value of those cases. Our recoveries in accident cases have included:
*A jury verdict awarding a Walker man well over $15 Million for brain damage and other injuries he suffered in a rear-end accident involving an 18-wheeler
*A $1.25 million settlement for a woman who suffered brain damage and spinal injury as a pedestrian struck by a speeding and inattentive driver
*Successful recoveries in drunk driving accident cases and others involving uninsured or underinsured motorists