How Reckless Driving Leads to Truck Accidents

By Ed Rebenack, Esq.

The Potential Consequences of Reckless Driving

A fully-loaded commercial vehicle can weigh up to 80,000 pounds. Therefore, a truck accident could be deadly for those who are commuting to work or going to school in a passenger vehicle. This is why all drivers are encouraged to take steps to remain aware of their surroundings and drive in a manner that is appropriate for the given road conditions.

What Is Reckless Driving?

As a general rule, reckless driving takes place whenever a motorist operates a vehicle in an unsafe manner. For instance, if the speed limit is 55 miles per hour, it would likely be considered reckless to travel at 80 miles per hour. Furthermore, it could be considered reckless to make lane changes without using a car’s turn signal or to make frequent lane changes as it makes it harder for others to anticipate erratic actions.

How Does Reckless Driving Increase the Risk of an Accident?

Driving in a reckless fashion might increase the risk of a motor vehicle accident because a motorist is not fully in control of their vehicle. If a truck is traveling too fast for road conditions, that truck will need more time to come to a stop. It may also be harder to take evasive actions to avoid a crash while traveling at a high rate of speed on wet roads or during a storm.

Furthermore, it may be harder to process information when a vehicle is traveling at a high rate of speed. The same may be true of anyone who tries to drive while tired, intoxicated, or distracted.

What Should You Do If You’re Involved in a Crash Caused By a Reckless Driver?

The first thing that you should do after being involved in a crash for any reason is to find a safe place to stop. Then, you should check yourself and others for injuries. Finally, you should call for assistance from both medical services and the police. EMTs will evaluate everyone involved in the accident, and the police will begin their investigation into what happened.

The officer will also take a statement and facilitate the process of exchanging information with the other driver. It’s possible that the person who arrives at the scene will issue traffic citations and make a preliminary determination as to who was liable for the crash. However, it’s likely that your insurance company will want to conduct an investigation to determine if that preliminary determination was correct.

If your injuries are serious, paramedics will take you to the hospital for further treatment. If your injuries don’t seem to be serious, it’s a good idea to seek treatment anyway. Some head or internal injuries are difficult to notice right away, but they can be very serious if they aren’t treated. Some people don’t want to go to the hospital in the ambulance, so it’s okay to go after you file an insurance claim as long as you make sure to see a doctor within 24 hours of the accident.

After taking these steps, it may be in your best interest to contact a trucking accident lawyer who may be able to review your case.

How Might You Prove That a Truck Driver Was Reckless?

The best way to get a favorable outcome in your trucking accident claim is to have strong evidence to back your assertion that truck driver error caused the collision to occur. It may be possible to use pictures or videos from the crash scene to prove that the truck that hit you was traveling too fast for road conditions.

Cellphone records might prove that the defendant was on their phone at the time of the crash. A toxicology report might show that the defendant was under the influence of drugs or alcohol when the wreck took place. Finally, statements from the other driver, passengers in your vehicle, or anyone else who saw the crash take place may be introduced into evidence.

You’ll Have to Prove That You Incurred a Financial Loss

To obtain a financial settlement or jury award, you’ll need to show that you incurred some sort of monetary loss as a result of the defendant’s actions. In most cases, you’ll do this by submitting a medical bill into evidence at some point during the settlement or trial process. You may also submit evidence that you missed work because of your injuries, which means that you and your family missed out on the income that your job provides.

If you had to pay to get your car repaired after a truck crash, the invoice that you received from the company that fixed your vehicle may be used as evidence of a financial loss. As a general rule, you have incurred a financial loss even if you haven’t yet paid for services rendered. In many cases, service providers will wait until after your case has been resolved to demand payment.

Did You Do Anything to Contribute to the Accident?

It’s worth noting that the amount of your settlement will likely be reduced if you are found to be partially liable for the crash. For instance, if you made an unsafe lane change in front of a truck that was operated by a distracted motorist, a jury may determine that you share some of the blame for what happened.

It’s also worth noting that other parties may share liability for what happened to you even if you aren’t liable yourself. For instance, let’s say that a crash occurred because a driver was traveling too fast for road conditions. However, let’s also assume that the truck wasn’t able to slow down because it had faulty brakes.

In such a scenario, the brake manufacturer may share liability with the motorist. It’s also possible that anyone who sold or installed the brakes could be a defendant in your case depending on what they knew prior to the crash. Your truck accident lawyer will likely be able to determine who may be responsible for causing a crash to occur and take steps to hold them accountable for their actions.

What Else Should I Know About Truck Accident Cases?

Ideally, you will say as little as possible about your case until it is officially resolved. This is because any defendants in your case will look for reasons to cast doubt on your story or find other reasons why they shouldn’t have to pay you for their misconduct. Although you will need to make a statement to your insurance company, you generally don’t have to give a statement to the defendant’s insurance company. Ideally, you would want your lawyer to be present when you do talk to your coverage provider or to anyone else who may be connected with the case.

If you are looking for a trucking accident lawyer in New Jersey, don’t hesitate to contact RAM Law attorneys today. You can call our Somerville or New Brunswick offices by dialing (732) 394-1549. You can also send us a message through the contact form on our website.