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Truck activity in Washington is on the rise, and with this increased activity, comes the increased risk of Seattle truck accidents. According to available data, over 4,000 Trucks enter Washington from Canada every day. In the same vein, over 4,800 trucks moves across the border towards the North, every day.
The increased activities of these trucks is an indicator of the state’s booming economy which is heavily dependent on commercial trucks. Because they typically weigh more than 10,000 pounds they often have astronomically increased risk of causing devastating accidents.
Additionally, trucks require about twice the stopping distance compared to standard vehicles, making them even more hazardous on busy roads. For instance, a standard passenger vehicle traveling at 55 miles per hour can stop within 130 to 140 feet, while a fully loaded truck may need up to 400 feet to come to a complete stop.
If you have been injured in a truck accident, you may have a claim against the trucking company or the driver. At Oshan & Associates, P.C., we specialize in helping clients understand their rights in truck accident cases and how to effectively assert those rights. In this article, we will provide a comprehensive overview of truck accidents, including their causes, detailed statistics, and a step-by-step guide on what to do if you find yourself involved in such an incident.
The Statistics According to the Washington State Department of Transportation (WSDOT), the state witnessed over 108,363 vehicle crashes in 2018 alone, averaging about 296 crashes every day. A significant number of these incidents involved trucks. In total, 504 of those tracked accidents were fatal, and more than 9,000 resulted in minor or severe injuries. Alarmingly, truck accidents in Washington are 65% more likely to result in fatal injuries. This statistic is primarily due to the fact that commercial trucks weigh 20 to 30 times more than passenger vehicles. The combination of their immense weight and longer braking distances contributes to the heightened risk of severe outcomes in truck accidents.
At Oshan and Associates, we help clients just like you understand their rights in Seattle truck accidents and how to exert these rights. You can read through this article to gain a better understanding of what causes truck accidents and the danger they can bring. You will also gain insight into your rights in the event of a truck accident.
The Federal Motor Carrier Safety Administration (FMCSA) has identified several leading causes of truck accidents, with driver error being the most prevalent factor.
According to their data, driver error accounts for approximately 90% of large / semi truck accidents. Specific causes of these accidents include:
- Driver Fatigue: Long hours on the road can lead to drowsiness, impairing a driver's reaction time and judgment.
- Distracted Driving: Texting, using a GPS, or engaging with passengers can divert a driver's attention away from the road.
- Speeding: Many truck drivers are pressured to meet tight delivery schedules, leading them to exceed safe speed limits.
- Driving Under the Influence: Alcohol or drug use can significantly impair a truck driver’s ability to operate their vehicle safely. - Poor Maintenance: Inadequate maintenance of truck components, such as brakes and tires, can lead to mechanical failure and accidents.
While truck accidents can occur in various circumstances, several common types include:
1. Rear-End Trucking Collisions: These accidents often occur when a truck driver fails to maintain an adequate following distance, resulting in a collision with the vehicle in front.
2. Jackknife Trucking Accidents: These accidents happen when a truck's trailer swings out, forming a V-shape with the cab, often leading to multi-vehicle collisions.
3. Rollovers Trucking Accidents: Trucks can be prone to rollovers due to their height and weight, particularly when taking sharp turns or during sudden maneuvers.
4. Wide Turns Trucking Accidents: Trucks require a larger turning radius, which can lead to collisions with vehicles in adjacent lanes if not properly navigated.
5. Tire Blowouts Trucking Accidents: A blowout can cause a truck driver to lose control, resulting in catastrophic accidents.
If you are involved in a truck accident, there are a few dos and don’ts you need to keep in mind. These include but not limited to:
Leaving the scene of an accident is illegal. It can leave you with demerit points on your driving record or get your driving privileges revoked or license suspended. Even worse, not stopping could get you charged with a hit and run offense, depending on the circumstances. Unless it is an emergency, always wait for first responders or the Police to arrive before you leave the scene of the accident.
Immediately after the accident, make sure you get in a safe location. If there’s no fatal injury done, it would be best to move your vehicle out of the path of traffic. You don’t want your vehicle to cause further accidents to other commuters. Setting up flares or cones to warn other drivers is a very helpful way to prevent more accidents. It is however important that you remain as close to the scene of the accident as possible.
Calling 911 immediately if someone has been seriously injured. You may however also call the local police department’s non-emergency number if there’s no serious injury and all you want to do is file an accident report. Note that every accident that results in injuries or damage to property must be reported to the police. It is important that you get a Police Officer to show up at the scene and write a report. This will be vital for the purpose of proving an insurance or compensation claim later on.
Your well-being is very important. Even if you feel fine you should still see a doctor for hard to detect injuries. Internal bleeding or injury rarely show up immediately but they can get very bad if left untreated.
If you are able to, and it is safe to do so, take pictures and video recordings of the immediate aftermath of the Truck accident. Details about the condition of your vehicle, the truck and any other cars involved in the accident will be valuable to your case. They will come handy in proving or explaining how the truck accident happened.
Contact information for drivers and witnesses is required to enter a detailed police report. Of course, the Police will file an accident report, but it is even more helpful if you can collect information beforehand. What information is useful here?
Full cooperation and disclosure with the Police is obligatory. This doesn’t however mean you should say things that suggest you are partly responsible for the incident particularly when you weren’t. Don’t jeopardize your claim to compensation by saying things like “I should have been more careful”. When asked by the Police, provide honest answers, but do not offer an opinion on who you think is as fault – you’re not a Truck Accident Expert Analyst.
You have no obligation to talk to the company of the truck or their loss adjusters. They may show up at the scene of the accident or call you later with only one thing on their mind. How to further their own interest and minimize or even completely extinguish their liability to pay. You should also avoid saying anything or signing any document from an insurance company without first talking to a lawyer.
Your next step should be to contact a skilled personal injury attorney—preferably one with experience in truck accident cases. At Oshan & Associates, P.C., we specialize in truck accident claims and are dedicated to protecting your rights.
Our team has a proven track record of successfully advocating for clients who have suffered injuries in truck accidents.
Engaging an experienced attorney is crucial for several reasons:
1. Medical Expenses: Coverage for current and future medical bills related to your injuries, including hospital stays, surgeries, rehabilitation, and ongoing care.
2. Lost Wages: Compensation for income lost due to your inability to work during recovery, as well as any future earning potential affected by your injuries.
3. Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident and subsequent injuries.
4. Property Damage: Compensation for repairs or replacement of your vehicle and any personal property damaged in the accident.
5. Loss of Consortium: If your injuries affect your relationship with your spouse or family, you may be eligible for compensation for the loss of companionship and support.
At Oshan and Associates Lawyers, we understand that trucking accidents can have devastating consequences, and preserving evidence is crucial for building a strong case. One of the most important pieces of evidence in a trucking accident is the truck's black box, also known as the event data recorder (EDR).
Similar to the black boxes found in airplanes, these devices record critical information about the vehicle's operation leading up to an accident. This data can include speed, braking patterns, engine performance, and even the driver's actions just before the crash.
Preserving this evidence is vital, as it provides objective insights into the events that transpired and can help establish liability. In many cases, trucking companies may attempt to erase or manipulate this data, which is why it is essential for accident victims to work with experienced attorneys who can ensure that this evidence is preserved and utilized effectively to support their claims.
In the context of trucking accidents, spoliation of evidence refers to the loss or alteration of critical evidence that can weaken a victim's case. It is imperative to act swiftly after an accident to prevent such conduct, as evidence can quickly dissipate or be compromised.
For instance, after a trucking accident, the truck and its components may be repaired or altered, and crucial evidence like the black box data could be overwritten or deleted.
Additionally, eyewitness accounts can fade over time, and physical evidence from the scene may be cleared away. This highlights the importance of timely intervention by legal professionals who specialize in trucking accidents.
At Oshan and Associates, our team is dedicated to ensuring that all relevant evidence is preserved, meticulously documented, and presented in a manner that maximizes the chances of a successful outcome for our clients.
We understand that every detail matters and that taking proactive steps to safeguard evidence can make a significant difference in the pursuit of justice.
The Importance of Log Violations and Driving Hours Truck drivers operate under strict federal regulations designed to ensure safety on the roads. One critical aspect of these regulations is the Hours of Service (HOS) rules, which limit the number of hours a driver can operate a commercial vehicle without rest.
Unfortunately, violations of these log requirements can lead to serious accidents and severe injuries. When truck drivers exceed their legal driving limits, they may experience fatigue, reduced reaction times, and impaired judgment—all of which significantly increase the risk of accidents.
At Oshan and Associates, we are committed to holding trucking companies and drivers accountable for these violations. We believe that it is essential for all drivers to adhere to federal guidelines to ensure not only their safety but also the safety of everyone on the road.
By investigating logbooks and other documentation, we can uncover evidence of HOS violations and build a strong case that emphasizes the importance of following these regulations. Our team is dedicated to advocating for the rights of victims and ensuring that those who disregard safety protocols are held responsible for their actions.
In the aftermath of a trucking accident, understanding the intricacies of evidence preservation, the implications of spoliation of evidence, and the importance of adhering to federal regulations can make a critical difference in the outcome of a case. At Oshan and Associates , we pride ourselves on being the best attorneys for truck accidents in Washington State, equipped with the knowledge and expertise necessary to navigate these complex situations.
We are committed to protecting the rights of our clients and ensuring that justice is served. If you or a loved one has been involved in a trucking accident, don’t hesitate to reach out to our skilled team, who will work tirelessly to secure the compensation you deserve.
Here’s a brief overview of the steps involved:
Step 1- Filing a Claim
Your attorney will help you file a claim with the trucking company’s insurance provider. This will include submitting all relevant documentation, including the police report, medical records, and evidence of lost wages.
Step 2: Negotiation
Once the claim is submitted, the insurance company will review the information provided. They may respond with a settlement offer. Your attorney will negotiate on your behalf to reach a fair settlement that adequately compensates you for your injuries and damages.
Step 3: Litigation
If a satisfactory settlement cannot be reached, your attorney may advise you to file a lawsuit against the responsible parties. This process involves: - Filing the Complaint: Your attorney will draft and file a complaint in the appropriate court, outlining your claims and the damages sought.
Discovery:
Both parties will exchange evidence and information relevant to the case through a process known as discovery. This may include depositions, interrogatories, and requests for documents.
Trial:
If the case does not settle during litigation, it will proceed to trial, where both sides will present their arguments and evidence before a judge or jury.
Verdict:
Following the trial, the judge or jury will render a verdict, determining liability and the amount of damages, if any, to be awarded.
At Oshan & Associates, P.C., we are dedicated to providing compassionate and competent legal representation to those affected by truck accidents in Seattle.
Our team has the knowledge, experience, and determination necessary to fight for your rights and help you recover the compensation you deserve. If you or a loved one has been involved in a truck accident, we encourage you to contact us immediately.
Our dedicated attorneys will guide you through the complexities of the legal process, ensuring that you receive the support and representation needed during this challenging time.
Call us at 206-355-3880 or fill out our online contact form to schedule a consultation. At Oshan & Associates, your case is our priority, and we are here to help you every step of the way.
First thing to note is that your Lawyer is probably the only person looking out for your best interest – which is why you should get one. After calling the police and getting medical help, this is the next most important thing you need to do.
Even more important, because of the particular technicalities involved in truck accidents, you don’t want just any lawyer representing you. What you need is a skilled and experienced attorney sympathetic to your cause. The truck company involved in the truck accident will have an excellent team in place ready to mitigate or eliminate their liability.
You need to set yourself up with a team that will go all the way. At Oshan and Associates, we are known for aggressively fighting our clients’ cases. We are not afraid to go to trial.
This determined approach has helped us secure many big wins for clients. Our track record of success speaks for itself. Let us help you recover the compensation you deserve. Call us at 206-355-3880 or fill out our online contact form as soon as possible after your truck accident to get the best legal representation.
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