Truck drivers up against a deadline will speed to make it to their destination on time. If dangerous road conditions exist, such as potholes, inclement weather, or construction, driving too fast can result in a crash. Speeding truck drivers often cause accidents that lead to severe injuries and fatalities. If you were the victim of a trucker speeding or driving too fast for the conditions of the road, OnderLaw, LLC might be able to help you with your case.
Speeding and driving too fast for road conditions are two separate issues. When someone speeds, they travel above the posted speed limit and cause more devastation when there’s an accident. Driving too fast for certain road conditions happens when a motorist doesn’t adjust their speed for existing hazards or adverse weather.
If you or a loved one experienced injuries due to the negligence of a truck driver, contact OnderLaw, LLC today to speak to one of our experienced truck accident attorneys. Call us at (314) 963-9000. We’re here to help.
Investigating the Rate of Speed and Driving Conditions After a Truck Accident
It can be difficult to determine whether or not a trucker drove too fast. They probably won’t admit it to an investigating officer or insurance adjuster when filing a claim. When you’re trying to prove fault on the part of the truck driver for their actions that led to the crash, you can use the data found in the vehicle’s EDR.
An event data recorder is similar to a black box found on airplanes. It records and stores specific data immediately before and after an accident occurs. If the trucker was speeding, you’ll be able to see that information on the EDR. Unfortunately, driving too fast for road conditions doesn’t necessarily mean speeding. The EDR could record a safe speed, but doesn’t take into account whether hazardous conditions existed.
If you discover that the trucker traveled at the posted speed limit, you should obtain documentation of the traffic conditions, weather, and other potential contributing factors that led to the accident. Witnesses could also provide you with their statements to support your claim that the at-fault driver was speeding or driving carelessly in dangerous conditions.
If you’re able to, you should take photos of the crash site and vehicle damage at the time of the accident. It’s also important to tell an officer at the scene your recollection of how the accident happened, but avoid admitting any fault, even if you think your actions also caused it. Make sure to request a copy of the traffic crash report so you can submit it to the insurance company when you file a claim.
Other Factors Combined with Speeding
If a truck driver decides to drive after drinking or allow their cell phone to distract them, it increases the risk of an accident if they’re also speeding. When they get behind the wheel, a person’s condition can affect their ability to focus on the road ahead and react quickly to hazards. If they quickly approach a stopped vehicle but don’t notice, because they’re looking down at their phone, they probably won’t be able to brake in time to avoid colliding with the car ahead of them.
Common behaviors that increase the risk of an accident when combined with speeding include:
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Distracted driving
- Driving aggressively
- Improper lane changes
- Overloaded or unsecured cargo
Outside of the truck driver’s behavior, there are also road areas and conditions that drivers need to remain aware of at all times to adjust their speed accordingly. These areas and conditions include:
- Curves: Navigating around curved roads requires slowing down to the match the reduced speed limit. If a truck driver takes a curve too fast, it could result in a rollover or jackknife crash.
- Exit and entrance ramps: Commercial vehicles take longer to slow down than a small passenger car. Speeding onto or off a major roadway can lead to a rear-end collision.
- Full cargo loads: When the trailer of a large truck contains a full load, the trucker must anticipate a longer stopping time and an increased center of gravity. Speeding or driving too fast for road conditions can cause the cargo to fall off the truck or a rollover crash.
Some situations make a trucker liable for physical harm even if they didn’t speed at the time of the accident. Despite not violating traffic laws, you can still pursue compensation from a commercial vehicle driver when they drive recklessly under the following circumstances:
- Adverse weather, such as rain, snow, sleet, or fog
- Heavy traffic
- Low visibility on the road
- Icy or wet pavement
- Construction areas
- Road hazards, such as debris or potholes
Given the size and weight of their vehicle, a truck driver must be especially vigilant about maintaining a safe speed, given the hazards on the road. When they’re not, they must be held responsible for the damage they cause.
How Much Is My Case Worth?
It’s impossible to determine the exact amount you deserve after getting injured in a truck accident. However, there are various factors an insurance adjuster will consider when they review your claim, including:
- The severity of your injury
- The time it took to recover
- If a permanent disability resulted from the crash
- Your total expenses from treatment
- Any negative impact the accident had on your quality of life and relationships with immediate family members, such as a spouse or child
- Sufficient evidence submitted during the claim proving the truck driver caused the collision
- Invasiveness of any surgery or procedures necessary to treat your injury
The adjuster assigned to your claim will consider your damages and supporting evidence when they provide a settlement offer. Damages are losses suffered as the result of an accident and fall under two categories: economic and non-economic.
Economic damages are expenses the crash is responsible for, such as medical treatment and vehicle repair. Non-economic damages are intangible losses you had to endure like ongoing physical pain your injury caused. You can claim the following damages for compensation after a truck accident:
- Medical costs
- Pain and suffering
- Emotional trauma
- Lost income and loss of future income
- Vehicle repair or replacement
- Rental car expense
Your attorney will thoroughly investigate your case and review all of your expenses and circumstances in detail to maximize the compensation you receive.
How OnderLaw, LLC Can Help You
Collecting evidence and navigating the legal process is overwhelming and confusing. If you’ve never filed an insurance claim before, you won’t know how much money you’re entitled to and how to go about getting it. One of our experienced St. Louis truck accident lawyers will take care of all the legal aspects of your case for you.
We have the knowledge and resources to handle each step of an insurance claim, as well as pursue a lawsuit when necessary. When you hire us, we will take care of the following:
- Obtain a copy of the police report
- Gather records about the time of the accident, such as weather reports and conditions of the road
- Locate witnesses and take their statements
- Request copies of vehicle repair bills and photos
- File an insurance claim with the at-fault trucker’s liability carrier
- Negotiate a settlement
- File a lawsuit if the claim gets denied, or we can’t reach a favorable settlement
We will be here for you throughout the entire claims process to answer your questions and keep you updated on progress as we work to secure the compensation you’re owed.
Awards and Recognition
Our attorneys have earned numerous honors from legal organizations for the cases we take on and the results we’re able to reach for our clients. Our firm, as well as most of our attorneys, have received awards and ratings from prestigious attorney rating services.
Martindale-Hubbell gave us the highest AV rating for our legal abilities and ethical standards. We also attained honors from SuperLawyers, Litigator Awards, and the National Trial Lawyers Top 100 Trial Lawyers. Additionally, we’ve been named to multiple prestigious groups throughout the country, such as the Million Dollar Advocates Forum and The American Trial Lawyers Association.
What if I Can’t Afford a Lawyer?
The truck accident lawyers from OnderLaw, LLC take cases on a contingency fee basis. We don’t collect a fee unless we reach a settlement agreement or win a verdict at trial. You won’t have to pay any upfront fees or costs. If we’re unable to secure a monetary award, you won’t owe us anything.
We also offer an initial consultation free of charge. There’s no risk to speak to us about your truck accident and learn your legal options. We’ll be happy to review the details of your case and help you decide the best course of action to pursue financial compensation.
Injured in a Truck Accident? Contact OnderLaw, LLC Today
At OnderLaw, LLC, our St. Louis truck accident attorneys understand the traumatic effect of a truck accident. It completely upends your life and negatively impacts your job, financial standing, and relationships. If you can’t return to work, you’re probably worrying about all those medical bills piling up and how you’re going to support your family.
It’s our mission to make sure you receive the maximum compensation available so you can pay for your expenses. We believe in seeking justice for our clients and holding careless individuals responsible for their actions. You can depend on us to guide you through the complex legal maze of insurance claims and settlement negotiations.
If you want to find out how you can recover compensation after an accident involving a trucker who was speeding or driving too fast for road conditions, call us at (314) 963-9000 to schedule your free consultation.