Flatbeds can transport larger and heavier items more efficiently than enclosed tractor-trailers. Collisions with flatbed trucks tend to be particularly devastating for this reason. While these vehicles may be ideal for hauling oversized loads, their hefty size and open design create unique hazards that often contribute to more severe collision injuries. When a trucking company or its driver fails to take the appropriate precautions or ignore safety regulations, these negligent actions can lead to a serious accident where occupants of smaller passenger vehicles are most likely to suffer. A truck accident lawyer can help you obtain full compensation for your claim.
What Are Flatbed Trucks?
A flatbed truck is a large vehicle with a flat body and an open trailer or a flat trailer bed without sides or a roof. This design allows for cargo to be loaded directly onto it. Because flatbed trucks don’t have roofs or walls, trucking companies like to use these vehicles to haul oversized cargo. While some flatbed trucks have trailers that directly connect to the cab, others attach to a hitch with specific pivot points. Even without cargo, a flatbed truck can weigh approximately 30,000 pounds. A flatbed truck’s maximum capacity is up to 80,000 pounds when fully loaded.
What Makes Flatbed Trucks Dangerous?
Flatbed trucks typically transport heavy loads like construction materials or even modular homes. In some cases, depending on the nature of the load, flatbed trucks require special permits to transport the cargo. The openness of a flatbed truck makes some overhand acceptable, but excessive overhand may become unacceptable if it limits other drivers’ mobility on the road. Examples of common cargo found on flatbed trucks are:
- Building materials like metal beams and scaffolding
- Heavy equipment like a tractor
- Ties bales
- Trees and logs
- Trash and debris from construction or other renovation projects
- Super sacks that contain things like nuts, seeds, and fertilizer
Oversized loads on flatbed trucks restrict a driver’s route options, and most truckers travel down multi-lane highways where the tiniest bit of lost cargo can trigger a devastating crash. No matter how safe the cargo carried by the flatbed trucker may be, carrying large items on a flatbed can obstruct the truck driver’s view, blind spots, that cause load spillage, and lead to an accident that results in serious injuries or even death.
Steps to Take After a Flatbed Truck Accident
Car accidents involving flatbed trucks are more likely to result in severe injuries or deaths compared to accidents involving two passenger vehicles because of their large size and the excessive cargo weight they often carry. For this reason, settlements and verdicts that result from these cases tend to be high, which is why the trucking company and the insurance company that represents them will often do anything in their power to avoid being blamed for a crash. Acting quickly by obtaining crucial pieces of evidence or calling law enforcement can help preserve vital pieces of evidence in your case. Here is what you should do after a truck accident:
Call 911 to the scene immediately
When passenger vehicles get into an accident with a flatbed truck, injuries and damages that result from these collisions are often severe. You should call a police officer to the scene to fully document the accident, especially in cases where you or someone else sustained severe injuries and damages. Obtaining a copy of the investigating officer’s report will serve as an instrumental piece of evidence in your claim.
Obtain evidence of the crash
Next, you should take photos and videos of the accident scene if you do not have severe injuries, and it is safe to do so. You will want to capture any skid marks or damage done to all vehicles involved. Make sure to also ask the truck driver for their name, the name of the company they work for, the license plates of all vehicles involved, and the name and policy number of the truck driver’s insurance company. Collect contact information from any witnesses present at the accident scene.
Schedule a medical evaluation right away
Seek medical attention after being involved in an accident with a flatbed truck, even if you feel fine. Symptoms of some types of serious injuries don’t appear right away, and only a medical professional may detect them. Scheduling an appointment with your doctor or heading to the emergency room will ensure that you protect your health and doctors fully document your injuries. Having records of your injuries will ensure that the insurance company cannot downplay the severity of your physical injuries.
Notify your insurance company
You should contact your insurance company, even if you’re sure another driver was responsible for the accident. You might use benefits like personal injury protection or Med-Pay, which can help cover the cost of hospital bills and any other expenses related to your case. These benefits might be unavailable if you fail to notify your insurance company of the crash. Refrain from communicating with the insurance adjuster from the other driver’s insurance company. The insurance adjuster representing the at-fault party is only interested in minimizing their client’s liability and potentially blaming you for the accident.
Keep Records of Your Recovery
Don’t give the trucking company or their insurer any ammunition to use against you by missing your medical appointments or failing to follow your doctor’s advice. To avoid receiving a low-ball settlement offer, you should keep all records of any expenses related to your treatment. You may also want to document your recovery by writing your progress down in a journal and noting how your injuries have significantly altered or diminished your quality of life.
What Are Some Common Reasons Flatbed Truck Accidents Occur?
Flatbed trucks are a popular option for trucking companies because they can easily transport heavy or unusually shaped freight. These types of trucks don’t have walls or sides to hold cargo in place safely. This open design can be hazardous due to the potential for spilled cargo. Additionally, heavy cargo can cause the truck to become unstable, lose control, shift forward, or laterally. Poor decisions made by flatbed truck drivers can lead to significant injuries and damages. Several variables can lead to a motor vehicle accident. Some common causes for flatbed truck accidents include:
- Improperly secured cargo
- Overloading cargo
- Poor weight distribution
- Brake problems or mechanical defects
- Distracted driving
- Driving under the influence of drugs or alcohol
- Fatigued or drowsy driving
- An inexperienced operator
- The trucking company failed to properly screen drivers they hire.
- The trucking company fails to do touring maintenance checks.
- The driver didn’t make periodic stops to ensure the security of the cargo.
Due to extreme differences in height and weight, when a flatbed truck collides with a passenger vehicle, the driver in the car will likely sustain most of the damage. While most drivers of flatbed truck accidents are incredibly diligent in their process of calculating the weight of transported material or loading the truck, mistakes happen and may often lead to a tragic accident. Knowledgeable truck accident lawyers understand what evidence to present to ensure your case has the best chance of a successful outcome.
Who May Be Liable in a Flatbed Truck Accident?
Determining who the negligent party is in a truck accident case is challenging. Having a truck accident attorney on your side who will fight for your rights is crucial for this reason. Looking to the truck driver for fault after an accident is common, but determining liability in these cases is rarely straightforward. In some cases, a truck driver may be fully liable for a flatbed truck accident or may share liability with a trucking company. Read on to discover who may be liable in a flatbed truck accident case.
- The truck driver
- The trucking company
- The cargo company
- The company responsible for loading the freight
- The truck manufacturer
- A mechanic
A truck accident lawyer can identify the negligent party in your case and hold them accountable for your injuries and losses, so call one now.
Flatbed Truck Accident FAQ
How much is my truck accident case worth?
We cannot quote any standard amount in a truck accident lawsuit because every case is unique. Several different factors are involved in determining how much your truck accident claim is worth. Compensation for truck accident cases may include payment for medical bills, vehicle damage, lost wages, or emotional pain and suffering. The best way to figure out the potential value of your claim is by speaking with a knowledgeable truck accident lawyer.
How long will it take for my truck accident case to settle?
The amount of time it may take to resolve your truck accident case will depend on several factors. Despite this, you should remain wary of offers from the insurance company and refrain from interactions with claims adjusters. Once you hire a truck accident lawyer, they will get to work resolving your case through liability investigations and negotiations with the insurance company. Cases often take longer to settle when more extensive injuries and damages are involved. Speaking with a skilled truck accident lawyer is the best way to determine how long it can potentially take for your case to settle.
The Truck Driver’s Insurance Company Gave Me a First Settlement Offer. Should I Accept?
Insurance companies are in business to make a profit, which is why they offer victims the least amount possible for accident claims. When an individual fails to secure legal representation, they may feel tempted to take the first offer. In most cases, the initial settlement offer won’t cover the cost of your medical expenses, lost wages, or emotional damage. A truck accident attorney will understand the tactics insurance claims adjusters use to try to pressure victims into settling their cases for less than they’re worth. Never try to handle your truck accident claim on your own. Put your trust in a skilled team of truck accident lawyers to get the compensation you deserve.
How do you determine negligence in a truck accident case?
Proving that a flatbed trucker’s negligent actions contributed to your injuries and damages involves several major factors. To prove negligence in a truck accident claim, you must show:
- The truck driver owed you a duty of care
- The trucker breached that duty of care
- You suffered injuries due to the trucker’s negligence
- A loved one died or sustained serious injuries due to the trucker’s negligent actions
Ultimately, your case must determine that you would not have sustained any injuries or property damage had it not been for the unreasonable actions of the truck driver. Failing to prove even one of the four elements can make it impossible to establish a negligence claim.
What happens when a flatbed truck accident results in fatalities?
Surviving relatives of a victim involved in a preventable accident with a negligent truck driver have the right to sue for damages. They may consider filing a wrongful death claim against the negligent party. Embarking on a wrongful death claim can be emotionally difficult, which is why you should consider hiring a skilled attorney who can settle your claim for you.
Contact a Truck Accident Attorney to Discuss Your Case
If you or a loved one suffered injuries in a flatbed truck accident, let a truck accident attorney build a strong case on your behalf. Contact a truck accident lawyer so you receive full compensation for your injuries and losses.