Accidents involving large commercial vehicles, including tractor-trailers, 18-wheelers, semi-trucks, and farm trucks, can have devastating consequences. The sheer size and weight of these vehicles significantly increase the risk of severe injury or death, even from seemingly minor driving errors. This danger is amplified when trucks are carrying hazardous materials.
If you or a loved one has been involved in a trucking accident in South Dakota (from Rapid City to Sioux Falls and from Aberdeen to Yankton) or Wyoming, the experienced attorneys at Thomas Braun Bernard & Burke, LLP are here to help. We understand the complexities of these cases and are dedicated to fighting for the full compensation you deserve.
Why Truck Accidents Are Different: Regulations, Liability, and CDL Drivers
Because of the greater threat posed by large trucks and other commercial vehicles, the owners and/or operators of these vehicles are required to follow additional and more stringent safety regulations than the drivers of personal vehicles, such as cars, SUVs, and pickups. This means that in the event of a truck accident, the legal process for holding the at-fault party accountable is different and more complicated than the process after an accident involving a small personal vehicle. For instance, truck drivers and operators of commercial vehicles must typically possess a Commercial Driver’s License (CDL); the higher standards that come with a CDL often mean that the actions (or inactions) of individuals associated with the truck–that may have taken place long before the collision itself—are important when proving negligence.
Whose Fault Might Have Contributed to a South Dakota Trucking Accident?
Determining what led to a truck accident–and therefore who is liable for the injuries and damages–involves more than just examining the actions of the truck driver on the road that day. Multiple parties could be at fault, including:
- The Truck Driver: Was the driver inattentive, driving while distracted (such as by texting or using his/her cell phone), speeding, driving under the influence, fatigued, or driving recklessly? Did he/she perform required inspections of the tractor-trailer?
- The Trucking Company: Was the company negligent in hiring the driver, such as by failing to conduct a background check or ensure that he/she was competent to be on the road? Did they properly train and supervise the driver? Did they let a driver keep driving despite knowing that he/she should not be on the road? Did they properly inspect and maintain their tractor-trailer?
- Mechanics: Did an improper repair to the tractor-trailer contribute to the accident??
- Loading Companies: Was the cargo being hauled improperly loaded or secured, allowing it to shift?
- Vehicle Manufacturers: Did a defective component on the tractor-trailer contribute to the accident?
- Other Drivers: Did another driver contribute in part to the accident?
Our team at Thomas Braun Bernard & Burke, LLP will thoroughly investigate your trucking accident to identify all potential causes of the accident so that the responsible parties can be held liable and fair compensation paid to you for your damages.
Common Causes of Truck Accidents:
Several factors contribute to trucking accidents in South Dakota. Understanding these common causes is crucial for building a strong legal case.
Factors that contribute to trucking accidents in South Dakota:
- Driver Fatigue: Long hours and demanding schedules can lead to driver fatigue, significantly impairing reaction time and judgment.
- Impaired Driving: Driving under the influence of alcohol or drugs is a serious and preventable cause of truck accidents.
- Speeding: Exceeding posted speed limits, especially in unfavorable weather conditions, increases the risk of serious collisions.
- Distracted Driving: Texting, using cellphones, eating, or other distractions can take a driver's attention off the road, leading to devastating consequences.
- Improper Maintenance: Neglecting vehicle maintenance, including brakes, tires, and other critical components, can create dangerous conditions. For example, defective brakes can prevent a truck driver from safely stopping to avoid another vehicle, resulting in a needless collision.
- Cargo Securement: Improperly loaded or secured cargo can shift, causing rollovers, spills, or other accidents.
Types of Truck Accidents
Truck accidents can take many forms, each with its own set of dangers and potential consequences. Understanding these different types of accidents can help in reconstructing the events and determining liability:
- Rear-end collisions
- Head-on collisions
- Intersection / t-bone collisions
- “Jackknife” accidents
- Wide turn accidents
- Rollover accidents
The weight, force, and sheer size involved in truck accidents often result in severe and life-altering injuries, including:
- Back and neck injuries
- Broken bones
- Traumatic brain injuries
- Internal injuries
- Spinal cord injuries
- Amputations
- Burns
- Wrongful death
Understanding Your Rights After a Truck Accident
Navigating the aftermath of a truck accident can be overwhelming, and it is crucial that you understand your rights. Also, it is prudent to act promptly so that important evidence pertaining to the accident is not lost. In addition to getting photographs of the vehicles involved and the scene (such as marks on the highway), there may be a device(s) on the tractor-trailer that recorded its pre-crash speed, etc., a GPS device tracking the tractor-trailer’s stops, etc., and a dashboard camera that recorded the accident. Seek legal representation as soon as possible to ensure the best opportunity that this evidence is gathered and preserved. At Thomas Braun Bernard & Burke, LLP, we have extensive experience in personal injury law and commercial vehicle operations. Attorney John W. Burke's background in truck driving, including possessing a CDL for three decades, provides him with unique insight into the operation of tractor-trailers, the trucking industry, and the factors that contribute to these accidents. This experience is invaluable in investigating trucking accidents, establishing liability, and securing fair compensation for our clients.
Knowledge & Experience in Personal Injury Law & Commercial Vehicle Operation
At Thomas Braun Bernard & Burke, LLP, we are committed to helping injury victims obtain the compensation needed to make them whole. We understand that no amount of money can restore one’s health or life, but we work hard to help our clients hold negligent, careless, and reckless parties accountable under the law.
Attorney John W. Burke, who handles the majority of our personal injury cases, grew up riding in and working around 18-wheelers (because his father has been a truck driver his entire life). John drove a truck while in college and still possesses a CDL. This truck-driving background gives him a significant advantage when working on accidents involving tractor-trailers. An accident involving a tractor-trailer is not the same as a typical car accident and must be approached differently. Given his experience, John has the insight to properly handle a case involving a tractor-trailer, which gives his client the best opportunity to hold the responsible party accountable and recover the compensation needed to make the client whole.
Seek Justice & Compensation After a Truck Accident
At Thomas Braun Bernard & Burke, LLP, our lawyers typically represent personal injury and wrongful death clients on a contingency basis. This means that if we do not obtain compensation for your injury, we do not charge you an attorney fee. We have been very successful in representing people injured or killed due to the negligence of others. Contact Thomas Braun Bernard & Burke, LLP to get started today.
