Wilmington Truck Accident Lawyers

Large commercial trucks are a regular presence on Delaware roadways, particularly around Wilmington’s major highways and industrial corridors. While most drivers operate their vehicles responsibly, collisions involving tractor-trailers or other large trucks happen far too often. The aftermath of a truck accident often presents legal and financial challenges that are distinct from other types of motor vehicle collisions.

Truck accident cases may involve multiple parties, federal regulations, insurance disputes, and high-stakes consequences. For individuals harmed in these collisions, legal representation by lawyers who have handled similar claims can make a meaningful difference in holding accountable those who contributed to the crash. The Wilmington truck accident lawyers at Jacobs & Crumplar, P.A., provide guidance to individuals and families dealing with the aftermath of serious truck-related incidents in Delaware and are here to answer your questions.

What Makes Truck Accidents Different From Car Accidents?

To start, truck accidents differ significantly from passenger vehicle collisions due to the size and weight of commercial trucks. The force generated by a fully loaded tractor-trailer can cause widespread damage that causes life-changing physical, emotional, and financial consequences for those involved.

Additionally, federal regulations imposed by agencies like the Federal Motor Carrier Safety Administration (FMCSA) govern areas including driver qualifications, vehicle maintenance, and hours of service. When trucking companies or drivers fail to follow these rules, it can lead to dangerous conditions on the road.

The investigative process also differs, requiring the review of driver logs, maintenance records, black box data, and potentially the policies and practices of a trucking company. Because of these factors, truck accidents typically involve a more extensive legal process compared to standard car accidents.

Who Can Be Held Responsible in a Truck Accident Case?

Responsibility for a truck accident may not rest solely with the driver. Liability can extend to the trucking company, the owner of the truck or trailer, manufacturers of defective parts, or even third-party contractors involved in the loading of cargo.

The driver may be held responsible for speeding, distracted driving, or driving while fatigued. The company that employs the driver may also share fault if it failed to properly train the driver or forced unsafe driving schedules. If faulty equipment contributed to the crash, the manufacturer of that equipment may be considered liable.

To determine fault, our Wilmington truck accident lawyers complete thorough investigations into the operations and practices of all parties involved.

What Types of Compensation Might Be Available After a Truck Accident?

Claimants injured in truck accidents may pursue compensation for medical expenses, lost wages, property damage, and other measurable losses. In some cases, compensation for non-economic losses such as pain and suffering may also be available. The value of a claim depends on the specific circumstances of the incident and the nature of the injuries sustained.

If the accident resulted in permanent disability or long-term medical care, future medical expenses and diminished earning capacity may be considered in the claim. In rare cases where there is evidence of gross negligence or willful misconduct, punitive damages may also be pursued. Every case presents unique facts, and the applicable law must be reviewed to determine what types of compensation may be recoverable.

How Long Do I Have to File a Claim in Delaware?

Delaware law limits the amount of time an injured party has to pursue legal action. The statute of limitations for personal injury claims, including those involving truck accidents, is generally two years from the date of the incident. If a person fails to file a claim within that period, the opportunity to seek damages may be lost.

It is also important to begin the investigation early, as evidence such as skid marks, witness statements, and electronic logging data may become unavailable or deteriorate over time. Our Wilmington truck accident lawyers can begin the process of collecting and preserving key evidence once they are retained, which can strengthen the case as it progresses.

What Role Does Federal Law Play in Truck Accident Cases?

Federal regulations play a significant role in the operation of commercial trucks and the conduct of truck drivers. The FMCSA sets rules regarding hours of service, drug and alcohol testing, maintenance requirements, and other safety measures. These regulations are designed to reduce the risk of fatigue, mechanical failure, and other hazards that are prevalent in the trucking industry.

Violations of federal safety standards may be used as evidence of negligence in a civil case. For example, if a driver exceeded the legal number of driving hours and was fatigued at the time of the crash, that may support a claim for damages. Compliance with federal law is often a key factor in determining responsibility in these types of incidents.

Can the Trucking Company Be Held Liable for the Actions of Its Driver?

Under a legal principle known as “respondeat superior,” employers may be held accountable for the actions of their employees when those actions occur within the scope of employment. In essence, when a truck driver causes an accident while performing job-related duties, the company that employs them may share legal responsibility for the resulting harm.

Additionally, the trucking company may be liable for its own misconduct, such as failing to conduct background checks, ignoring safety violations, or imposing unrealistic delivery schedules that lead to unsafe driving behavior. These claims require in-depth reviews of corporate practices, employee records, and internal communications.

How Can Legal Representation Help in a Truck Accident Case?

Our Wilmington truck accident lawyers assist clients by evaluating claims, preserving evidence, and negotiating with insurance companies. Our team is closely familiar with the procedures necessary to obtain maintenance records, driver logs, and communications from trucking companies; those documents may reveal patterns of conduct or policy violations that contributed to the collision.

Handling these matters independently may be difficult due to the volume of information and the involvement of multiple parties. Our legal team can also calculate appropriate damages based on medical reports, employment records, and expert opinions, then pursue those claims through settlement discussions or, if necessary, litigation.