How to Claim Compensation After a Cargo Truck Accident

5 min read time

Accidents involving cargo trucks are some of the most devastating on the road. Due to their size, weight, and potential to carry hazardous or improperly secured cargo, these vehicles can cause catastrophic injuries and significant property damage.

If you or a loved one has been involved in a cargo truck accident, understanding your rights and how to claim compensation can help you fight for the justice you deserve.

Morgan & Morgan is the nation’s largest personal injury law firm, and we’ve handled personal injury claims for over 35 years, recovering over $25 billion in the process. If someone else’s negligence caused your injuries, we can help you fight for the compensation you need and deserve to move forward with your life.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Common Causes of Cargo Truck Accidents

Cargo truck accidents can result from various factors, including human error, mechanical failures, or negligence. Here are some of the most common causes:

Driver Fatigue

Truck drivers often work long hours to meet tight delivery deadlines, leading to exhaustion. Despite federal regulations limiting driving hours through the Hours of Service rules, some drivers or companies may violate these laws, increasing the risk of accidents.

Improperly Secured Cargo

If cargo is not properly loaded or secured, it can shift during transit, causing the truck to become unbalanced. This can lead to rollover accidents or spilled cargo on the roadway, endangering other motorists.

Mechanical Failures

Poor maintenance or defective parts, such as brake failures or tire blowouts, can result in loss of control and severe accidents.

Driver Negligence

Reckless driving behaviors like speeding, distracted driving, or driving under the influence of drugs or alcohol significantly increase the likelihood of an accident.

Weather and Road Conditions

Adverse weather or poorly maintained roads can amplify the dangers of driving a cargo truck. Drivers and companies must take extra precautions to mitigate these risks.

Understanding the cause of the accident is essential for determining liability and building a strong case for compensation.

Who Can Be Held Liable in a Cargo Truck Accident?

Determining liability in a cargo truck accident can be complex, as multiple parties may share responsibility. Potentially liable parties include:

Truck Driver: If the driver’s negligence, such as speeding or texting while driving, caused the accident, they could be held liable.
Trucking Company: Companies may be responsible for hiring unqualified drivers, failing to maintain their vehicles, or encouraging unsafe practices.
Cargo Loaders: If improperly secured or overloaded cargo contributed to the accident, the loading company might share liability.
Truck Manufacturer or Maintenance Provider: If the accident resulted from defective parts or poor maintenance, these entities could be held accountable.
Other Drivers: In some cases, another motorist’s actions may have contributed to the accident.

An experienced attorney at Morgan & Morgan can conduct a thorough investigation to identify all responsible parties and hold them accountable.

What to Do After a Cargo Truck Accident

Taking the right steps immediately after a cargo truck accident can significantly impact your ability to claim compensation. Here’s what you should do:

1. Seek Medical Attention

Your health and safety should always come first. Even if your injuries seem minor, seek medical attention promptly, as some injuries may not be immediately apparent.

2. Call the Police

Report the accident to law enforcement and ensure a police report is filed. This report can serve as valuable evidence when filing your claim.

3. Document the Scene

If it’s safe to do so, gather evidence at the accident scene. Take photos or videos of the vehicles, road conditions, cargo spillage (if any), and any visible injuries.

4. Collect Witness Information

Obtain the contact information of any witnesses who can provide statements about what happened.

5. Preserve Evidence

If possible, retain any evidence related to the accident, such as damaged personal property, medical records, or correspondence with the trucking company or insurance providers.

6. Contact Morgan & Morgan

Navigating a cargo truck accident claim can be overwhelming, especially when dealing with powerful trucking companies and their insurers. Hiring an experienced attorney ensures your rights are protected, and your case is handled effectively.

Types of Compensation Available For Cargo Truck Accidents

After a cargo truck accident, victims may be entitled to various forms of compensation, depending on the circumstances of the case. These include:

Medical Expenses

Compensation can cover current and future medical costs related to the accident, such as hospital stays, surgeries, physical therapy, and prescription medications.

Lost Wages

If you are unable to work due to your injuries, you can claim compensation for lost income, including future earning potential if your injuries result in long-term disability.

Property Damage

Victims can recover the costs of repairing or replacing damaged vehicles or other personal property.

Pain and Suffering

Non-economic damages may be awarded to compensate for physical pain, emotional distress, and reduced quality of life caused by the accident.

Punitive Damages

In cases where the at-fault party’s actions were particularly reckless or egregious, the court may award punitive damages to deter similar behavior in the future.

How to Prove Liability in a Cargo Truck Accident

To successfully claim compensation, you must prove that the at-fault party was negligent and that their negligence caused your injuries. This requires gathering strong evidence, such as:

Accident Reports: Police reports can provide crucial details about the incident, including witness statements and preliminary assessments of fault.
Electronic Logging Device (ELD) Data: ELDs in commercial trucks record driving hours, which can reveal violations of Hours of Service regulations.
Maintenance Records: Reviewing the truck’s maintenance history can uncover negligence, such as skipped inspections or repairs.
Cargo Documentation: Load manifests and weight records can indicate whether improper cargo loading contributed to the accident.
Expert Testimony: Accident reconstruction specialists and medical experts can strengthen your case by providing professional insights.

An attorney can help you collect and analyze this evidence to build a compelling case.

Morgan & Morgan Can Help

Filing a claim after a cargo truck accident is a daunting process. Trucking companies and their insurers often have teams of lawyers working to minimize payouts, making it essential to have skilled legal representation on your side.

When you work with Morgan & Morgan, our attorneys can conduct a thorough investigation to identify all liable parties and gather evidence, and your attorney can accurately assess the full extent of your losses to ensure you seek adequate compensation.

Your lawyer can handle communications with insurance companies to ensure you receive a fair settlement, but if a fair settlement cannot be reached, your attorney can take your case to court and advocate for you.

This is all done with no upfront cost to you—the Fee Is Free®, and you only pay if we win your case and get you compensated. It’s fast and easy to start with a free case evaluation.

Frequently Asked Questions

Can I sue if I was partially at fault for the accident?

Yes. Many states follow comparative negligence laws, meaning you can still recover compensation even if you were partially at fault, though your award may be reduced based on your percentage of fault.

How long do I have to file a claim?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

What if the trucking company denies responsibility?

Trucking companies may attempt to shift blame, but an attorney can gather evidence and hold them accountable for their negligence.

When you pursue compensation on your own, there are numerous tactics companies’ legal teams use to avoid responsibility and expenses. However, when you work alongside America’s largest personal injury law firm, you send a message that you mean business and won’t settle for less.

Can I file a claim if I’m injured as a pedestrian or cyclist?

Yes, victims of cargo truck accidents who were pedestrians or cyclists at the time of the accident are entitled to seek compensation for their injuries.

What if the truck was carrying hazardous materials?

If a truck carrying hazardous materials causes an accident, victims may face additional injuries and damages. Special regulations govern the transportation of hazardous cargo, and violations can strengthen your case.

If these materials expose an entire area to hazardous conditions, there may be an opportunity for a class action lawsuit, where all affected parties can join together for a stronger case.

Conclusion

Cargo truck accidents can result in devastating injuries and significant financial burdens. If you or a loved one has been injured in such an accident, you don’t have to face the aftermath alone.

Disclaimer

This website is meant for general information and not legal advice.