Were you injured in a semi-truck accident in Seattle or elsewhere in King County? You may have a lot of questions about your rights, your options, and what comes next. It is crucial that you have an experienced advocate on your side. For a number of different reasons, tractor-trailer crashes can be more complex than motor vehicle collision claims. Our Seattle truck accident attorney can help if you have been injured in a truck accident.
Truck Accident Claims Often Involve More Than Driver Negligence
A regular car accident claim often focuses primarily on the conduct of the drivers involved. While that is not true in every car accident claim, driver negligence is the main factor in most of those cases. Tractor-trailer crashes are different. A commercial truck accident can require a much broader liability investigation. The truck driver may have caused the collision by speeding, following too closely, making an unsafe lane change, driving while fatigued, or otherwise operating the vehicle negligently. Still, the trucker’s conduct often only represents part of the case.
For example, the motor carrier (trucking company) may also face liability. Depending on the circumstances, issues involving vehicle maintenance, driver qualification, supervision, dispatch practices, or other carrier conduct may require investigation. Other parties that may potentially be legally responsible can include a vehicle or component manufacturer, maintenance contractor, cargo-loading company, shipper, broker, or even a third-party motorist.
Know the Law on Truck Accident Liability: Pure Comparative Fault
Washington is a pure comparative fault state. Under RCW 4.22.070, the factfinder generally determines the percentage of fault attributable to each entity that caused the plaintiff’s damages. Multiple parties may share liability for the same crash. A truck accident victim may even be partially at fault for his or her own collision.
When several parties contributed to a commercial truck crash, Washington’s comparative-fault standards is absolutely central to the claim. Fault attributed to an injured victim proportionately reduces compensatory damages but does not completely bar recovery. The analysis becomes more complicated when defendants attempt to shift fault among themselves or to nonparties
Commercial Trucks are Subject to Extensive Safety Regulations (State and Federal)
Commercial trucking companies operate within a regulatory framework that does not apply to ordinary motorists. Washington law incorporates extensive portions of the Federal Motor Carrier Safety Regulations (FMCSR) into its commercial motor vehicle requirements. Notably, Washington law (WAC 446-65-010) incorporates federal regulations addressing driver qualifications, drug and alcohol testing, hours of service, vehicle operation, required equipment, cargo-related requirements, and inspection, repair, and maintenance. These regulations can become highly relevant to determining why a crash occurred. Every truck accident in King County should be thoroughly investigated by an experienced Seattle truck accident lawyer.
The Truck Company Typically Has Key Evidence
Truck accident claims can also involve substantially more evidence than a typical passenger-vehicle collision. Relevant evidence may include electronic logging device records, driver qualification files, dispatch communications, inspection reports, maintenance records, repair histories, post-crash testing records, bills of lading, cargo documentation, GPS information, onboard electronic data, and video from dashboard or inward-facing cameras.
It should be noted that electronic logging data can be particularly important when driver fatigue is disputed. Federal rules require most drivers who must maintain records of duty status to use electronic logging devices, subject to specified exceptions. Those systems can record information relevant to a driver’s hours and vehicle operation.
Severe Injuries and Commercial Insurance Add Another Layer of Complexity
A fully loaded tractor-trailer in Seattle can weigh as much as 80,000 pounds. For that reason, truck crashes can produce considerable damages because of the size and weight disparity between tractor-trailers and passenger vehicles. A catastrophic injury case may require detailed proof of future medical treatment, rehabilitation, reduced earning capacity, disability, future caregiving needs, and non-economic damages.
Insurance issues can also become more complicated in truck accident injury claims. Commercial carriers operate under financial-responsibility requirements that differ from the basic liability-insurance rules governing ordinary motorists. Washington incorporates 49 C.F.R. Part 387. That regulation establishes minimum financial-responsibility requirements for covered motor carriers. A serious claim may involve the motor carrier’s liability coverage, excess or umbrella policies, separate coverage applicable to other defendants, and disputes over which entities qualify as insureds under particular policies.
Recovering the Maximum Compensation for a Truck Accident in Seattle
In Washington, truck accident victims have the right to seek compensation for the full scope of their damages, including for non-economic injuries. However, a challenge is that trucking companies and their liability insurers often fight aggressively to pay out less in settlement. Our Seattle semi-truck accident lawyer can help. You may be entitled to recover compensation for:
- Truck repairs;
- Emergency room care;
- Hospital bills;
- Physical therapy;
- Other medical costs;
- Lost wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability;
- Permanent impairment; and
- Wrongful death of a family member.
We Fight for Justice for Truck Accident Victims in Seattle
Truck accident injury claims are complicated. It is normal to be stressed out, confused, and unsure of what comes next after a serious crash. At Seattle Car Accident Law Firm, we have the experience to hold trucking companies and insurance companies accountable. As these cases can be more challenging than car accident cases, our Seattle truck accident attorney is standing by, ready to take a proactive approach to help you fight for justice and the maximum financial compensation.
Call Our Seattle Semi-Truck Accident Lawyer for a Free Consultation
At Seattle Car Accident Law Firm, our Seattle commercial truck accident attorney puts injured victims first. If you or your loved one was involved in a tractor-trailer crash, we can help. It is our mission to put truck accident victims first. Give us a call at (564) 444-7708 or to contact us online to set up a free, no-obligation case evaluation. From our office in Seattle, we handle semi-truck accident claims in King County and throughout the region in Washington.
