Delaware Truck Accident Lawyer

Collisions involving big rigs are easily among the most severe kinds of motor vehicle accidents a person could be involved in. If you were injured in a truck accident, contact a Delaware truck crash lawyer for assistance.

When you are struck by an oncoming 18-wheeler, you are considered lucky if you survive. Those who do survive often suffer catastrophic injuries that can be permanently disabling and leave them unable to work for the foreseeable future. This is often just as terrifying as the accident itself for people who aren’t sure how they’ll continue to support their standard of living.

Fortunately, you have the option of working with an experienced Delaware truck accident lawyer at Barros, McNamara, Malkiewicz & Taylor. You can be sure we will do whatever it takes to ensure that the liable parties pay for the damage they’ve done.

The Serious Injuries Survivors Endure

The victims who survive an encounter with a tractor-trailer often endure severe injuries that can take years to recover from, if recovery is even possible. Some of the most commonly seen injuries include traumatic brain injuries, spinal cord injuries, amputation, organ failure, internal bleeding, and third-degree burns.

A spinal cord injury can permanently paralyze a person, changing life as he or she once knew it forever. A traumatic brain injury can force someone into many years of therapy, in which he or she will need to learn how to speak, eat, walk, write, and do other basic tasks all over again.

These are just a few of the critical physical injuries someone could suffer in a Delaware truck accident. That’s not to mention the emotional effects of being injured in a commercial trucking crash. Depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health disorders can all take a dramatic toll on the lives of truck crash victims.

It’s easy to see how suffering such devastating injuries can have a severe impact on a person’s life. Someone who is made to endure such consequences doesn’t need the added burdens of medical expenses and household costs. This is where the negligent party should be held accountable for the harm he or she has caused.

The At-Fault Party in a Delaware Tractor-Trailer Crash

Numerous individuals and entities can be considered liable for the part they’ve played in a truck accident in Delaware. While the driver of the truck likely holds some blame, the trucker is only one of the parties who routinely engage in negligent behavior that ruins the lives of those who are hurt in truck accidents.

The Trucking Company

The Federal Motor Carrier Safety Administration (FMCSA) is a federal government agency responsible for overseeing the operation and regulation of semi-trucks across the nation. This government body would generally not be the subject of a personal injury claim, but if the trucking company that employs the truck driver violates FMCSA regulations and laws, we can seek compensation from the company.

An example could be a trucking company that ignores FMCSA regulations regarding the scheduling of a trucker. As a result of being overworked, the truck driver falls asleep at the wheel and injures a family sharing the highway with the tractor-trailer.

Truck Driver

Truckers are usually the first ones to be blamed for causing the accident. While it is true that truck drivers are commonly found at least partially liable for truck accidents in Delaware, they aren’t always the primary cause.

A truck driver will hold a higher percentage of culpability if he or she was driving distracted, operating the big rig while under the influence of drugs or alcohol, or driving aggressively by changing lanes without signaling, following too closely, or speeding.

Manufacturing, Maintenance, and Safety Professionals

If the safety of the truck is called into question, those responsible for its production, care, and maintenance will be examined for their contribution to the cause of the accident. Cargo loaders, technicians, safety inspectors, parts manufacturers, and any other individual who was hired to ensure the safety of the truck but failed to do so can be brought to justice for their negligence.

Compensation for Your Delaware Truck Crash Claim

It is rare for a person unfamiliar with the world of tort litigation to fully grasp the potential value of his or her claim. Here is a basic list of some of the damages you could expect to recover if they apply to your case:

  • Lost wages
  • Emotional distress
  • Medical expenses
    • Copays
    • Costs of prescription medications
    • Hospital bills
    • Medical equipment
    • Adjustments to your home to accommodate medical equipment
    • Transportation costs to and from doctor visits
    • Loss of future earning potential
  • Replacement or repair of your vehicle
  • Loss of enjoyment of life
  • Loss of consortium
  • Effects of disfigurement
  • Pain and suffering

Other damages could certainly be considered on a case-by-case basis. You should not be expected to cover any of the costs associated with your Delaware truck accident injuries if you weren’t at fault for the crash in the first place.

In addition to the above damages, it’s possible for you to receive an award of punitive damages, which has the potential to drastically increase the amount of compensation you receive. The hope a judge has in assigning punitive damages is that, in the future, people are discouraged from repeating the same mistakes the defendants in your case made.

Delaware Truck Accident FAQ

Survivors of commercial trucking crashes usually have many questions that need to be answered before they feel comfortable enough to file a personal injury claim while they are in the throes of a significant recovery process. That’s why we have provided a brief compilation of some of the questions we frequently receive from our clients.

What if the trucker was from out of state?

It should not matter what state the truck driver is from, nor where the trucking company is located. What matters is the state that the accident occurred in. For our firm to be able to file your claim in a Delaware court system, the accident must have occurred within the state of Delaware.

Will I have to go to court if I file a claim?

You may not need to go to court if we are able to negotiate with the insurance company or negligent party and come to a fair agreement. There are occasionally instances when we are unable to reach an arrangement with the other side, in which case going to court could be the best way to obtain maximum compensation for your losses.

Should I give a statement to the insurance company?

We will never advise our clients to make a statement to an insurance company without guidance from your attorney. Insurers are notorious for manipulating statements that claimants give them in order to place unwarranted blame on the victim, thereby reducing the settlement amount the insurers would be required to pay. Remaining silent and calling a lawyer is a way for you to protect your potential award.

Reach Out to a Delaware Semi-Truck Accident Attorney

Now is the time to take action against the person or people responsible for causing you harm. If you need a team of professionals who will work rigorously and fight for the full compensation you are entitled to, get in touch with a qualified and experienced lawyer at Barros, McNamara, Malkiewicz & Taylor.

You can schedule a free initial consultation with a Delaware truck accident lawyer today by filling out the quick contact form below or giving us a call at 302-734-8400.