While truck accidents share many similarities with automobile accidents, there are also major differences. Trucks often operate as part of a commercial venture, meaning that insurance issues may be more complicated.
Trucks that collide with each other or with cars, motorcycles, bicycles or pedestrians typically cause serious injury because of their size, weight and momentum.
Furthermore, there are many rules and regulations that pertain only to trucks – such as how heavy the loads can be, how often they must be inspected, how many hours truckers can drive each day, and commercial driver training and licensing requirements. After a Honolulu truck accident, you can trust our team to help you with your recovery.
Common Types of Commercial Truck Accidents
Many types of truck accidents are similar to other motor vehicle crashes. For instance, truck accidents can be a front impact crash, a rear-end crash, or a t-bone crash, just like any other car accident. However, because of a commercial truck’s design, size, use, and moveability, certain types of accidents are unique to these rigs.
Jackknife Accidents
A jackknife accident happens when the trailer swings at a 90-degree angle to the cab of a tractor-trailer truck. The trailer is no longer in line with the cab but relatively perpendicular, forming an “L” shape.
These accidents can have some of the worst consequences because they can involve several vehicles as the trailer swipes cars surrounding it on the road. The trailer can also suddenly block the road, causing fast-approaching cars to crash into it, causing massive pileups.
Rollover Accidents
Trucks and Tractor-trailers have a much higher center of gravity than standard passenger vehicles, creating a greater risk of rollovers. If the trailer is heavily or unevenly loaded, it creates an imbalance and an even greater risk of a rollover.
Override & Underride Accidents
Override and underride accidents can be the most devastating types of truck accidents. They entail exactly what the name sounds like. Overrides occur when the big rig drives over the top of the car, crushing it.
An underride accident occurs when a smaller vehicle rear-ends the tractor-trailer and travels beneath the truck. In a normal accident, impact to the front or rear of the car allows the body of the car to absorb the brunt of the impact, however, when the body of the car goes under the truck there is a danger of decapitation for those in the car. These accidents are catastrophic and almost always deadly.
Common Causes of Truck Accidents
Like the types of truck accidents, the causes of a commercial truck accident can be similar to those of any motor vehicle accident. However, certain causes are common in the commercial truck industry.
Fatigue and Unrealistic Schedules
Truck drivers spend a lot of time on the road, often for long stretches of time without a rest break. It is common for truck drivers to spend an hour or more commuting to work before even starting their work day, then have to drive their truck for 8 hours before driving another hour home.
It is common in Honolulu to see delivery trucks rushing through traffic and stopping in the road to drop their loads. A driver shortage has left fewer drivers to handle an ever increasing load as more Although regulations exist to limit the amount of time truckers can spend behind the wheel without sleep; many feel the pressure to meet deadlines. To meet those deadlines, drivers sometimes push past these limits and ignore regulations.
Unqualified Drivers
Hawaii truck drivers must obtain a commercial driver’s license before operating a commercial truck. A commercial license has stricter requirements than a standard license, and drivers must meet additional training and qualifications.
However, if a trucking company fails to do its due diligence during the hiring process, it might end up with an unqualified driver. It is imperative that companies properly vet potential employees for a clean background and driving record. Negligent hiring practices can lead to devastating accidents.
It is also tempting for businesses to ask a driver with no commercial license to fill-in when there is a temporary shortage or unexpected absence.
Improper Maintenance and Manufacturer Defects
Commercial trucks require more frequent inspections and service than household vehicles. Some trucks log high mileage operating all day everyday. Others are used for stop and go deliveries in town. Either way, constant commercial use causes high wear and tear requiring more maintenance.
Additionally, the larger the truck the greater the stress on its components. Given that these big trucks spend an enormous amount of time on the road, it is essential that they are well-maintained. Because of their size and weight, commercial trucks pose a danger to the public that is many times greater than ordinary cars.
These trucks should be inspected, serviced, and repaired more frequently commensurate with the increase in their use and potential damage they can inflict. Inadequate maintenance, a manufacturing defect, or failure to properly maintain a commercial tractor-trailer can cause a catastrophic accident.
Intoxicated Driving
Undoubtedly, driving while drunk can lead to horrific accidents. Truck drivers in Hawaii, as in most other states, are held to a stricter standard than most drivers when it comes to drinking and driving.
While most drivers must adhere to the blood alcohol content (BAC) limit of 0.08% or less, semi-truck drivers must have a BAC of 0.04% or less. Even just one drink can mean a driver is over the legal limit, and if they cause an accident, they can be liable for the damages.
The use of drugs, even legal prescription drugs, that impair the ability to drive safely are also prohibited by law.
Other common causes of semi-truck accidents include a dangerous cargo load, distracted driving, and reckless driving. No matter the cause, the consequences can be severe. Our Honolulu truck accident lawyer can help you determine the cause of the crash and help strategize your next steps.
Who Is Liable for a Hawaii Truck Accident?
Because several different parties are often involved in operating a commercial truck, multiple individuals or entities may be liable for the crash.
Liability often goes beyond the truck driver. The trucking company, cab or trailer manufacturer, warehouse, mechanic or service provider, shipping company, cargo loader, and others might be accountable for the accident.
Identifying potentially liable parties can be tricky, and holding them accountable can be even more difficult. It is important to consult an experienced Honolulu truck accident attorney to ensure you identify all possible defendants.
How Can Our Honolulu Truck Accident Lawyers Help?
Truck accident claims can be complex and time-consuming. Navigating the process alone can be terrifying, and you can quickly feel like you are in over your head. A lawyer can do much more than argue in court on your behalf.
In fact, a skilled attorney can assist you from just moments after the crash through a jury award. Our team can help you with every aspect of your claim, including:
- Investigating the crash;
- Determining liability;
- Requesting evidence (e.g., accident report, surveillance video);
- Filing an insurance claim;
- Negotiating with insurance adjusters;
- Filing a lawsuit;
- Requesting, analyzing, and conducting discovery (e.g., depositions, memos, etc);
- Considering pertinent law, including applicable statutes of limitations; and
- Litigation, including motions and trial.
Our attorneys have the legal knowledge, experience, and resources to help you achieve the best possible outcome for your case.
How Are Truck Accident Settlements or Awards Calculated?
It is nearly impossible to predict precise truck accident settlements or jury awards. However, several factors will influence the amount of compensation you receive. These include:
- Nature of the accident;
- Severity of injuries;
- Permanency of injuries;
- Financial loss, including lost wages and ability to earn;
- Applicable state law; and
- Insurance policy limits.
Our knowledgeable and seasoned Honolulu truck accident lawyer can help you assess the facts and circumstances of your case to better estimate your financial recovery.
WHAT CATASTROPHIC INJURIES RESULT FROM TRUCK ACCIDENTS?
Serious injuries result in extraordinary expenses, including medical treatment and care, therapy and rehabilitation, and special equipment such as wheelchairs, wheelchair ramps and wheelchair-accessible conversion vans. Some of these injuries include:
- Traumatic brain injuries
- Neck injuries
- Spinal cord damage
- Internal bleeding
- Amputation
- Broken bones
- Total or partial paralysis
- Disfigurement
Specialized medical and economic experts are often required to properly anticipate and calculate future needs and expenses.
PAIN AND SUFFERING WHEN QUALITY OF LIFE IS FOREVER ALTERED
Other costs of catastrophic injuries after semi-trailer wrecks and other truck accidents include lost wages and life care costs such as home cleaning services, personal care assistance, psychological therapy and social workers’ fees.
In addition to these costs, we aggressively pursue compensation for the pain and suffering that our clients endure, as well as the diminished quality of life that results when people can no longer do their normal activities of daily life.
Learn how we can help protect your legal rights and interests after you have been injured or lost a family member because of a truck crash.
Honolulu Truck Accident Lawyers
In 2024, Best Lawyers named Cronin, Fried, Sekiya, Kekina & Fairbanks one of Hawaii’s Best Law firms for personal injury litigation. We pride ourselves on protecting the interests of Hawaii residents and visitors alike. If you or a loved one was recently injured in a commercial truck accident, you have legal options. Contact us today for a free consultation.