Head-On Truck Accident Attorney

Head-on truck collisions are among the most serious and often have catastrophic consequences for drivers and passengers. One of the primary reasons is the difference in size between an ordinary passenger vehicle and a truck, especially when it's a commercial-sized eighteen-wheeler. The devastation these kinds of trucks are capable of goes far beyond what might occur between two similar-sized vehicles, even with today's advances in safety features.

The sheer force and momentum of an 80,000+ pound big rig against a 6,000-pound passenger vehicle is no match, especially in a head-on crash. These kinds of accidents are often caused by driver fatigue, error, or some kind of mechanical or loading issue related to the truck. Suppose an issue like this was the cause of injury or death in your family. In that case, you could benefit significantly from the expertise of a Morgan and Morgan head-on truck accident attorney.

We help victims, and their families recover compensation for medical care, lost wages, pain, suffering, and more when negligent or reckless behavior by a driver or their employer is behind the accident. Truck drivers and trucking companies are responsible for using care on the roadways to ensure other drivers don't come to harm.

Truck Drivers and Trucking Companies Are Accountable for Their Actions

Truck drivers and trucking companies take on a heavy responsibility when they oversee or operate these kinds of vehicles. Large commercial trucks are nothing less than lethal in the wrong hands or when companies cut corners that end up being safety violations to pad their bottom line. To operate or manage one of these vehicles requires great responsibility, and only those well-trained can recognize the awesome power and possible hazards of doing so.

One of the biggest dangers is when a driver doesn't respect traffic laws (including speed limits), signs, and signals that are in place for everyone's safety. Additionally, driver's have a responsibility and duty of care to avoid driving while overly tired and never to drive while under the influence of any substance that might hinder their ability to control their own actions and maintain command of the truck.

When truck drivers cause an accident because of reckless behavior, the law is straightforward and lays the responsibility at their feet. Still, if the company they work for or the truck manufacturer plays some part in the accident, they may share in the blame if something was out of the driver's control, such as a poorly maintained rig or faulty part. However, if a driver was clearly ignoring traffic laws and caused another party injury of any kind, the driver may be held liable to pay compensation.

What Causes Head-On Truck Accidents? 

Under most circumstances, we have no choice but to share the road with big trucks. Because of this, it's helpful to understand what conditions and situations can make a collision more likely. A significant percentage of commercial truck accidents are due to driver errors like overcorrecting or driving while distracted, but here is a breakdown of common issues that may require the help of a head-on truck accident attorney to investigate:

Overcorrecting - We all know how important it is to maintain control of your vehicle, even if there is an object in the roadway. If a trucker suddenly swerves to avoid an object in the road, they may overcorrect and end up crossing over into oncoming traffic. Likewise, when large trucks turn into another street, they must still try to stay within the appropriate lane to avoid hitting vehicles sitting in traffic for their turn to proceed.

Ignoring traffic lights or signs - Truck drivers have to be ultra-alert in traffic and not take chances. If a trucker pushes their luck to make a left turn when the light is already yellow, by the time they make it through the intersection, the opposing traffic may already have a green light, resulting in a head-on crash.

Inappropriate passing - In many instances, large trucks don't have the capacity to get up and go like a smaller vehicle may have. Suppose a trucker decides to overtake another vehicle without an adequate amount of space and time. In that case, they may find themselves facing a vehicle coming in the opposite direction, leaving the other vehicle's occupants in danger of a head-on collision.

Jackknife accident - A tractor-trailer can easily succumb to an accident known as a jackknife which causes the trailer to whip around like a fishtail. These accidents are caused by abrupt braking, poor weather conditions, faulty brake systems, speeding, poorly or overloaded trailers, and driver error.

Distracted driving - Driving while distracted is a problem for drivers across the board. It's not just limited to commercial truck drivers, although the results of driving while distracted behind the wheel of a big rig are exponentially more dangerous. Drivers can become distracted while driving for a wide variety of reasons, such as texting, engaging with a GPS, eating, looking for items, or even gawking at another accident.

Impaired driving - Operating a tractor-trailer under the influence of drugs or alcohol is illegal and can be deadly. Commercial trucking companies are required by the Federal Motor Carrier Safety Administration and the Department of Transportation to have their employees undergo periodic tests for drugs and alcohol. However, laws and tests can't stop all irresponsible behaviors. One of the most common illegal methods truckers use to stay awake is amphetamines. If any driver causes an accident and is found to have drugs or alcohol in their system, they will almost certainly be found at fault for the accident.

Drowsy driving - The laws for how long drivers may work in any given period of time are unambiguous. These laws are made for the safety of everyone on the road because fatigued drivers are dangerous drivers. Driving while tired is very similar to driving while under the influence of alcohol in that you have slower reaction times, not to mention the fact that you may fall asleep at the wheel. Although it's much more challenging to manipulate driving logs in today's era of technology, if the driver and the company they work for are in cahoots to undermine these restrictions, a disaster could be the result.

Speeding - Some trucking companies pay by the miles, not the hours worked, which may incentivize some drivers to speed to make more money or to make a delivery deadline. Speeding is always a bad choice, especially if you're not familiar with the road. If a truck driver heads into a curve while speeding, it could cause the driver to veer into oncoming traffic.

Traveling the wrong way - Wrong-way driving is frequently connected to intoxication. Regardless, getting onto a roadway traveling the wrong way is always driver error and makes them liable for any damages that are a result.

How Can a Head-On Truck Accident Attorney Establish Fault?

If you or a family member were injured or killed in a head-on truck accident, establishing fault will be crucial to holding the other party accountable. The burden of proof will be on you to show the other driver was negligent. Here's how a head-on truck accident attorney goes about this:

Duty of care - Anyone who gets behind the wheel of a motor vehicle has a legal duty to avoid harming other motorists. This means they must be alert, sober, and mindful of the road. Operating a vehicle while under the influence, overly tired, or neglectful of traffic laws is not demonstrating a duty of care.

Negligence - Drivers are negligent when they operate a vehicle differently than how a reasonable person would drive under similar circumstances. For example, a reasonable driver might slow down during a downpour or when icy conditions are present. A negligent driver would pay no heed to obvious driving hazards.

Causation - Any personal injury lawsuit requires that you show, but for another party's actions (or inactions), you would not have been injured. For example, if the truck driver had not swerved into your lane because they went over a curved hill too fast, you would not have suffered a severe back injury.

Damages - The final piece is damages, which are losses you've sustained, whether it be financial or emotional, linked to the accident. For instance, medical bills and lost wages are damages that your lawyer will tally, but a figure to compensate for pain and suffering can also be included.

Liability by State

Every state observes its own laws concerning how fault is handled. Fortunately, Morgan and Morgan have lawyers in every state that are experts in handling head-on truck accidents and your state law. Some states have a no-fault system, meaning you'll need legal help overcoming this system to get fair compensation. Still, others observe contributory negligence that will impact if and how much you can win in compensation. For example, a few states won't allow you to recover anything if you share in the fault. Others reduce the amount you can recover depending on your percentage of fault. Still, others won't allow you to collect if your share of fault is 50% or higher.

For these reasons, it can mean everything to have a competent lawyer on your side to deflect accusations of fault and put the responsibility squarely on the shoulders of the other party.

Working With Morgan and Morgan

When you're in a serious accident, you need the right legal representation to ensure you recover just compensation for your losses. We understand how important this is to your and your family. Our head-on truck accident attorneys have the expertise you need to navigate complex laws and regulations up to the federal level, along with our extensive resources that will be available to make sure your case comes to a successful conclusion.

We take pride in the trust given to us by our clients and strive to meet and exceed expectations every time. Contact us today for a free case evaluation. We will work hard to investigate and craft a strong case based on the evidence we uncover, so you get the most compensation possible.