Being involved in a truck accident can be life-altering, and the legal challenges that follow often add to the stress for the truck driver. According to the National Safety Council, 161,000 people were injured in large-truck crashes in the U.S. in 2022. Among them, 26.1%—or approximately 42,000—were large truck drivers. This represents a 3.9% increase from the previous year’s truck accident injuries to drivers. Many of these drivers even had to face complex legal battles over medical bills, lost wages, and liability. If this wasn’t traumatic enough, they even have to fight employer disputes over their claims as they usually refuse to compensate.
Unfortunately, trucking companies and insurers often try to shift blame or minimize payouts, leaving injured drivers and victims struggling. In such cases, understanding your legal rights is crucial. Knowing what steps to take immediately after an accident, what evidence to collect, and when to seek legal help can protect your rights and maximize your compensation. This guide will break down everything you need to know about common truck accident injuries and their claims so you can take control of your case and fight for the justice you deserve.
Claimable Truck Accident Injuries
Truck accidents are some of the most devastating crashes on the road. Given that a fully loaded semi-truck can weigh up to 80,000 pounds, the impact of a collision can cause severe, life-altering injuries. If you’ve been in a truck accident, understanding the common truck accident injuries and how to claim compensation is crucial. Here’s what you need to know:
Traumatic Brain Injuries (TBI)
Truck crashes often cause severe head trauma, leading to concussions or more serious brain injuries. Symptoms include memory loss, dizziness, chronic headaches, and cognitive impairment. A TBI can require long-term medical care, and therapy, and may even prevent you from working.
Claim
You can seek truck accident injuries compensation for medical expenses, lost wages, and pain & suffering. Insurers may downplay brain injuries, so medical documentation is key.
Spinal Cord Injuries & Paralysis
The force of a truck accident can fracture vertebrae or damage the spinal cord, leading to partial or complete paralysis. Even minor spinal injuries can cause chronic pain, mobility issues, and expensive rehabilitation costs.
Claim
These are often catastrophic injuries leading to multimillion-dollar settlements that cover surgery, hospitalization, physical therapy, and lost future earnings. MRI scans and medical records are crucial to proving your case.
Broken Bones & Fractures
Truck collisions frequently result in multiple fractures, especially in the legs, arms, ribs, and pelvis. Recovery time can be months or even years, often requiring surgeries and physical therapy.
Claim
You can claim compensation for medical bills, lost income, and long-term disability if the injury affects your ability to work.
Internal Injuries & Organ Damage
The sheer force of a truck impact can cause internal bleeding, liver damage, punctured lungs, or ruptured spleens. These injuries are often life-threatening and require emergency surgery.
Claim
Given the life-threatening nature, these claims often involve extensive expert testimony and detailed medical imaging and cover everything from minor medical expenses to even major organ transplants.
Whiplash & Neck Injuries
Whiplash is one of the most common truck accident injuries, causing severe neck pain, headaches, and limited mobility. While some recover in weeks, others suffer from chronic pain and nerve damage.
Claim
Chiropractic care, physical therapy, and pain management are all covered during claims. Also, if the injury limits mobility or work capabilities, this is factored in further increasing the claim cost.
Burns & Disfigurement
Truck accidents, especially those involving fuel spills or fires, can lead to serious burns and permanent scars. Victims often require multiple surgeries, skin grafts, and psychological counseling.
Claim
Compensation may cover long-term medical treatment, reconstructive surgery, and emotional trauma. Future treatment needs and potential corrective procedures are also factored in.
Amputations & Limb Loss
High-impact crashes can lead to traumatic amputations or require surgical removal of a limb. Losing a limb affects every aspect of life, from mobility to employment and mental health.
Claim
Truck accident victims may need to hire a truck accident lawyer in Los Angeles for amputation claims and may seek lifetime compensation for medical care, prosthetics, lost earning potential, and emotional distress.
When you’re injured in a truck accident, there are several parties involved in providing and settling your claim. Here’s how it typically breaks down:
- Trucking Company Insurance: Most trucking companies carry commercial liability insurance that covers accidents. This insurer is usually the first stop for claims related to damages or injuries caused by their truck.
- Driver’s Personal Coverage: In some cases, if the driver has additional personal auto insurance, it might also come into play, especially if there’s any dispute about fault.
- Workers’ Compensation: If you’re employed as a truck driver or work for a trucking company, your employer’s workers’ compensation insurance may cover your medical bills and lost wages—even if the accident wasn’t entirely your fault.
- Third-Party Claims: Occasionally, other parties like manufacturers (if equipment failure contributed to the accident) or cargo loaders (if improper loading played a role) may be held responsible, and their insurers could be involved.
Claims are usually settled through negotiations between your truck accident lawyer in Los Angeles or wherever the accident happened and the insurance adjusters. If a fair settlement can’t be reached, the case might go to litigation, where a judge or jury will determine the compensation.
Common Employer Disputes Faced by Truck Drivers
Many drivers find themselves in disputes with their employers over liability, compensation, and job security after an accident. Here are some of the most common conflicts truck drivers face and how they impact their careers.
Denial of Workers’ Compensation Claims
After an accident, truck drivers expect their employer’s workers’ compensation insurance to cover medical bills and lost wages. However, many trucking companies and insurers look for reasons to deny claims, arguing that:
- The injury didn’t happen on duty (e.g., claiming the driver was off the clock).
- The driver violated safety protocols, such as exceeding hours-of-service limits.
- The injury was pre-existing and not related to the accident.
If a driver’s workers’ comp claim is denied, they may have to appeal the decision or file a lawsuit to secure their benefits.
Misclassification as Independent Contractors
Many trucking companies classify drivers as independent contractors instead of employees to avoid providing benefits like workers’ comp, overtime pay, and health insurance. Some companies also misclassify drivers to save money on taxes and insurance, leaving drivers with fewer rights if a dispute arises.
Disputes Over Fault in Accidents
If a truck driver is involved in an accident, their employer may try to shift blame onto them to avoid liability. Employers may argue that the driver was:
- Speeding or driving recklessly
- Ignoring safety regulations
- Under the influence (even when there’s no proof)
- Driving outside of company policy
This tactic not only affects a driver’s ability to claim compensation but can also impact their Commercial Driver’s License (CDL) and future employment. In some cases, companies will even terminate drivers after an accident to protect themselves from lawsuits. Having dashcam footage, black box data, and legal representation can help defend against false claims.
Retaliation for Reporting the Accident
Some truck drivers fear that reporting an accident will cost them their jobs, and unfortunately, many trucking companies retaliate against drivers who file accident reports or workers’ comp claims. Retaliation can take place in several forms, including:
- Job termination or suspension.
- Reduced hours or unfavorable assignments.
- Harassment or intimidation from supervisors.
However, retaliation for reporting a workplace injury is illegal under the Occupational Safety and Health Administration (OSHA) and Surface Transportation Assistance Act (STAA). Drivers who experience retaliation can file a whistleblower complaint to protect their rights.
Employer Failing to Maintain Trucks & Then Blaming the Driver
Trucking companies are legally responsible for ensuring their vehicles are safe to operate, yet some cut corners on maintenance to save money. If an accident occurs due to brake failure, tire blowouts, or engine problems, an employer might:
- Claim the driver failed to conduct proper inspections.
- Ignore prior maintenance reports that warned about the issue.
- Avoid liability by blaming third-party mechanics or suppliers.
If poor truck maintenance causes an accident, the employer may be held accountable under Federal Motor Carrier Safety Administration (FMCSA) regulations. Drivers should always document maintenance requests and vehicle defects to protect themselves from false accusations.
Disputes Over Liability & Insurance Coverage
If an accident involves property damage, injuries, or fatalities, multiple insurance companies—including the trucking company’s insurer, the driver’s insurer, and third-party insurers—may get involved. This can lead to disputes over who pays for damages, with the employer trying to shift responsibility to the driver’s personal insurance. These disputes can delay or even prevent drivers from getting compensation for injuries, lost wages, or legal fees.
How Accident Defenders Can Help You Get a Claim
If your employer is disputing your truck accident injuries claim, Accident Defenders can step in to protect your rights and fight for the compensation you deserve. Our truck accident lawyers in Los Angeles specialize in cases where trucking companies deny workers’ compensation, shift blame, or misclassify drivers as independent contractors to avoid liability. Our experienced legal team gathers evidence, challenges false accusations, and negotiates with insurance companies to secure your medical benefits, lost wages, and damages. If your employer retaliates, we help you file complaints under OSHA and FMCSA regulations. Don’t let your employer deny your claim, simply give us a call at (323) 591-2829—Accident Defenders are here to fight for you!
