A Vancouver, WA Truck Accident Attorney You Can Count On
If you've been injured in a Washington State truck wreck, call Colin Scott can help you recover compensation
We see trucks every day on the streets and highways of Clark County. Whether they are moving cargo across the state or making a delivery to a local business, we do not always notice them. But when there's an accident, they're hard to miss. And people can be seriously injured or killed because of a serious truck accident. That's why here at The Scott Law Firm, PLLC we are willing and eager to fight for the rights of truck accident victims.
A fully loaded semi-truck can weigh as much as 80,000 pounds. When it hits a car at high speeds on a highway, the consequences can be devastating. Even smaller commercial vehicles can cause severe injuries in a collision. People who are injured often require lengthy medical treatment. Recovery can take months or years. Some never fully recover.
If you were injured in a truck accident and it wasn't your fault, the law may entitle you to financial compensation for your injuries. But recovering this compensation can be complicated. That's why you need an experienced attorney who knows how to build strong cases that get results. Attorney Colin Scott is committed to helping victims recover maximum compensation for their losses.
"I am very satisfied with the way Colin handled my case. He did a wonderful job with the whole process, and I couldn't be more thankful. I highly recommend him!" – Anastasiya
4.9/5 stars, 68 reviews
Washington State truck accidents – by the numbers
- More than 2,000 semi-truck accidents occur each year on average in Washington.
- 70 deaths caused by these collisions each year on average.
- 500 injuries due to semi-truck accidents each year statewide.
Source: Federal Motor Carrier Safety Administration (FMCSA)
FAQ about truck accidents in Washington State
- What are the common causes of truck accidents in Washington?
- How much is my truck accident case worth?
- How long does a truck accident settlement take?
- Who’s responsible for paying for my truck accident?
- How is liability determined in a truck accident?
- Should I accept a truck accident settlement offer?
- Is Washington a no-fault accident state?
- How long do I have to file a truck accident lawsuit in Washington State?
- What laws apply to truck accidents in Washington State?
- Why should I hire a Washington truck accident lawyer?
What are the common causes of truck accidents in Washington?
Truck accidents in Washington State often result from preventable factors tied to negligence or unsafe practices. Based on data from the Federal Motor Carrier Safety Administration (FMCSA), here are some of the most frequent causes of truck accidents, along with why they are so dangerous:
- Speeding Truck Drivers: Speeding is a leading cause of serious truck accidents, especially on busy highways like I-5 and I-205 in Vancouver, WA. When a truck exceeds the speed limit, its stopping distance increases significantly, making it harder to avoid collisions. Speeding also reduces the driver’s ability to react to sudden traffic changes or road hazards.
- Distracted Driving: Distracted driving contributes to an estimated 70 percent of commercial truck accidents. Truck drivers may be distracted by texting, eating, adjusting GPS devices, or even using in-cab technologies. When a driver’s attention is divided, the risk of a catastrophic crash increases dramatically, especially in high-traffic areas.
- Driver Fatigue: Fatigue is a common issue in the trucking industry, with roughly 13 percent of commercial truck accidents attributed to tired truck drivers. Fatigued drivers often struggle to stay alert, react slower to hazards, and may even fall asleep at the wheel. This is particularly concerning when trucking companies pressure drivers to exceed federally mandated Hours of Service (HOS) regulations, putting everyone on the road at risk.
- Impaired Truck Drivers: Driving under the influence of alcohol or drugs remains a serious issue in the trucking industry. Whether it’s recreational drugs, prescription medications, or alcohol, impairment reduces coordination, slows reaction times, and impairs judgment, all of which can lead to deadly crashes.
- Overloaded or Improperly Balanced Cargo: Trucks carrying overloaded or unbalanced cargo are more prone to rollovers, jackknife accidents, or losing their load on the road. Improperly secured cargo can shift during transit, causing the driver to lose control or create hazards for other vehicles.
- Poor Truck Maintenance: Neglecting routine maintenance, such as brake inspections, tire checks, or engine servicing, can result in equipment failures while on the road. Faulty brakes or worn tires, for instance, can lead to devastating crashes, particularly on steep grades or in heavy traffic.
- Truck Manufacturer Defects: Defective truck parts – such as faulty tires, underride guards, or trailer hitches—can cause trucks to malfunction. When manufacturers fail to ensure the safety of their products, the consequences can be deadly, particularly in high-speed collisions.
- Inadequate Driver Training: Operating a commercial truck requires specialized skills and training. When trucking companies cut corners by hiring underqualified drivers or skipping essential training, accidents are more likely. Poorly trained drivers may struggle to maneuver large vehicles or handle challenging conditions like sharp turns or icy roads.
- Hazardous Road Conditions: Potholes, uneven pavement, poor signage, or lack of shoulder space can exacerbate the risk of truck accidents. While these issues are often out of the driver’s control, they highlight the need for attentive driving and proper vehicle maintenance.
- Blind Spot Errors: Large trucks have substantial blind spots, often called "no zones," where smaller vehicles are invisible to the truck driver. When truckers fail to check their mirrors or signal lane changes, they can cause side-swipe or merging accidents.
How much is my truck accident case worth?
Determining the value of your truck accident claim depends on several key factors, each of which plays a role in calculating the compensation you may be entitled to. Here’s a closer look at the factors that impact the worth of your case:
- Severity of Your Injuries: The extent and nature of your injuries significantly affect the value of your claim. Severe injuries, such as traumatic brain injuries, spinal cord damage, or permanent disabilities, typically result in higher compensation due to the increased physical, emotional, and financial toll.
- Medical Care and Treatment Costs: The medical care you receive – from emergency treatment to long-term rehabilitation – directly influences your case’s value. This includes hospital bills, physical therapy, medication, and any specialized care required to treat your injuries.
- Time Off Work: If your injuries require you to miss work, you may be entitled to compensation for lost wages. The longer your recovery period, the greater the impact on your claim’s value.
- Ability to Return to Work: If your injuries prevent you from returning to your previous job or force you to work in a lower-paying position, this loss of earning capacity can significantly increase the value of your case.
- Future Medical Expenses: Anticipated medical costs, such as ongoing treatment, surgeries, or assistive devices, are factored into your compensation. A comprehensive evaluation by medical experts can help estimate these costs.
- Your Role in the Accident: If your actions contributed to the crash, it may affect your compensation due to comparative negligence laws. However, even if you’re partially at fault, you may still be eligible for damages. Talk to a truck accident attorney about your legal rights and options.
- Non-Economic Damages: Beyond financial losses, non-economic damages like pain and suffering, emotional distress, and loss of quality of life are also considered. These damages can significantly impact the overall value of your case.
- Insurance Policy Limits: The at-fault party’s insurance coverage can affect how much compensation you can recover. In some cases, pursuing additional claims against other liable parties may be necessary to secure full compensation.
How long does a truck accident settlement take?
Many truck accident victims want to resolve their claims quickly, but the settlement process often takes time – anywhere from six months to a year or longer, depending on the specifics of the case. The timeline can vary significantly based on several key factors:
- Liability Disputes: If the at-fault party denies responsibility for the accident, it can delay the settlement process. Proving fault often requires gathering substantial evidence, such as accident reports, witness statements, and truck driver logs, which can extend the timeline.
- Negotiations with Insurance Companies: Insurance companies often try to minimize payouts, which can result in drawn-out negotiations. They may dispute the severity of your injuries, the cost of your medical treatment, or other damages, requiring persistence and strong legal representation to reach a fair settlement.
- Extent of Your Injuries: The severity of your injuries plays a significant role in the settlement process. In many cases, it’s important to wait until you’ve reached maximum medical improvement (MMI) to ensure all future medical expenses and long-term impacts are factored into your claim.
- Number of Liable Parties: Truck accidents often involve multiple liable parties, such as the truck driver, trucking company, or manufacturers of defective truck parts. Coordinating settlements with multiple parties can make the process more complex and time-consuming.
- Good Faith Negotiations: The willingness of the at-fault party or their insurer to negotiate in good faith can significantly impact the timeline. If they stall or make lowball offers, your attorney may need to prepare for trial, which can take additional time.
Who’s responsible for paying for my truck accident?
In most motor vehicle accidents, the at-fault party is responsible for covering damages related to the crash. However, commercial truck accidents often involve additional complexities due to the number of parties potentially responsible for the collision. Here’s a closer look at who may be liable:
- The Truck Driver: If the truck driver’s negligence caused the crash – such as speeding, distracted driving, or driving while fatigued – they are often held accountable. Evidence like driver logs, accident reports, and dashcam footage can help prove driver fault.
- The Trucking Company: The company that employs the driver may also share liability. Trucking companies are responsible for hiring qualified drivers, enforcing safety protocols, and maintaining their fleet. If they failed in these duties, they could be held accountable.
- The Cargo Loading Company: If improperly loaded or unbalanced cargo caused the accident, the company responsible for loading the truck might be liable. Shifting or unsecured cargo can lead to rollovers, jackknife accidents, or spills that create hazards on the road.
- The Vehicle or Parts Manufacturer: When a manufacturing defect – such as faulty brakes, tires, or underride guards – leads to a crash, the company that designed or produced the defective component can be held responsible. A thorough investigation is often required to link the defect to the accident.
- Insurance Companies: Each liable party’s insurance provider may be responsible for compensating the victims. However, insurance companies often attempt to minimize payouts, making it critical to have an experienced attorney advocate on your behalf.
How is liability determined in a truck accident?
Liability refers to determining who is legally responsible for compensating victims after a truck accident. In most cases, liability is based on negligence – when a party fails to act with reasonable care, leading to a collision. Insurance companies often play a significant role in deciding liability, relying on various types of evidence to make their determination.
Some of the key factors and evidence used to establish liability include:
- Official Accident Reports: Law enforcement officers create detailed reports after investigating a truck accident. These reports often include critical details, such as fault determination, contributing factors, and citations issued.
- Eyewitness Statements: Testimony from witnesses who saw the crash can provide unbiased accounts of what happened, helping to identify negligent behavior like speeding, distracted driving, or reckless lane changes.
- Truck Driver Records: Driver logs, Hours of Service (HOS) compliance records, and performance evaluations can reveal whether the driver was fatigued, improperly trained, or otherwise negligent.
- Truck Maintenance Records: Poorly maintained trucks are a common cause of accidents. Maintenance logs can highlight whether the trucking company failed to address safety concerns, such as faulty brakes or worn tires.
- Surveillance or Dashcam Footage: Video evidence can provide clear insights into how the crash occurred, capturing reckless driving, unsafe conditions, or shifting cargo.
Should I accept a truck accident settlement offer?
Every truck accident case is unique, and while some settlement offers may cover all your accident-related expenses – including future costs like lost income or ongoing medical care – many initial offers fall far short of what you actually need. Insurance companies often prioritize their bottom line, which means their first offer is rarely their best.
If you receive a settlement offer that doesn’t fully account for your current and future needs, you typically have two options: negotiate for a better settlement or file a lawsuit against the at-fault party. Negotiating can sometimes lead to a fair resolution, but when insurers refuse to offer adequate compensation, taking your case to court may be necessary.
An experienced truck accident lawyer can be an invaluable ally in either scenario. An attorney can evaluate the true value of your case, factoring in long-term expenses and non-economic damages like pain and suffering. Your lawyer will also handle negotiations and, if needed, build a strong legal case to hold the at-fault party accountable in court. With a skilled attorney by your side, you can focus on recovery while they fight for the maximum compensation you deserve.
Is Washington a no-fault accident state?
Washington State operates under an at-fault insurance system for motor vehicle accidents. This means the party responsible for causing the accident is also responsible for covering the related expenses, such as medical bills, lost income, and property damage. However, Washington’s system is slightly different than other states because it follows a comparative fault rule.
Under Washington's comparative fault law, as outlined in RCW 4.22.005, an injury victim’s compensation is reduced by their percentage of fault in the accident. For example, if your truck accident claim is valued at $100,000 but you are found to be 20 percent at fault, your compensation would be reduced to $80,000.
This system ensures that even if you share some responsibility for the accident, you can still recover damages – provided your level of fault does not exceed 50 percent. Understanding how comparative fault applies to your case can be critical to securing the compensation you deserve.
If you’ve been injured in a truck accident, working with an experienced attorney can make all the difference. They’ll ensure fault is assessed fairly and fight to maximize your compensation, even in complex truck accident cases involving shared responsibility.
How long do I have to file a truck accident lawsuit in Washington State?
You have three (3) years from the date of your truck accident to file a lawsuit seeking damages (financial compensation) under RCW 4.16.080. This deadline is known as the statute of limitations. If you miss this deadline, you could miss out on your opportunity to take legal action and demand the money you rightfully deserve.
What laws apply to truck accidents in Washington State?
On the federal level, Title 49 of the Code of Federal Regulations provides extensive rules for commercial truck drivers, enforced by the FMCSA under the Department of Transportation. These regulations cover many critical aspects of trucking operations, including:
- Hours of Service (HOS) Rules (Title 49, Part 395): These regulations limit how many hours a CDL driver can work in a day or week to prevent fatigue-related accidents. For example, drivers can work a maximum of 11 hours after 10 consecutive hours off duty. Violations of HOS rules can lead to dangerous, drowsy driving accidents.
- Truck Inspection and Maintenance Requirements (Title 49, Part 396): Federal laws mandate routine inspections and timely repairs for commercial vehicles. Poorly maintained trucks with faulty brakes or worn tires can pose significant hazards on the road. A failure to comply with these regulations can indicate negligence.
- CDL Driver Training Requirements (Title 49, Part 380): Truck drivers must complete specific training programs to obtain a CDL and operate commercial vehicles safely. Insufficient or improper training can lead to dangerous errors behind the wheel.
- Drug and Alcohol Testing Regulations (Title 49, Part 382): CDL drivers are subject to stringent drug and alcohol testing guidelines, including pre-employment screening, random testing, and post-accident testing. Violations of these regulations can result in disqualification from driving and are often key in proving negligence.
- Safety and Fitness Standards for Drivers (Title 49, Part 385): These rules establish minimum safety and fitness qualifications for CDL drivers, ensuring they are physically and mentally capable of operating a commercial truck. Non-compliance can be grounds for liability in an accident.
Additional Considerations
Beyond state and federal laws, other regulations may apply depending on the circumstances of the accident. For instance:
- Weight and Load Limits: Exceeding federal or state weight limits for trucks can lead to rollovers, brake failure, or structural damage.
- Hazardous Material Transport: If the truck was carrying dangerous goods, additional federal regulations (Title 49, Parts 171–180) may come into play.
- Liability for Employers: Trucking companies are responsible for ensuring compliance with both state and federal laws. Failure to enforce these standards can make them liable for accidents.
When a truck accident occurs, violations of state or federal laws often provide critical evidence of negligence. A skilled attorney can investigate whether the truck driver, trucking company, or other parties failed to comply with these regulations. This legal insight is invaluable in building a strong case and holding the responsible parties accountable.
If you’ve been injured in a commercial truck accident, understanding how these laws apply to your case is vital. An experienced truck accident attorney can navigate these complex regulations, gather evidence of violations, and fight for the compensation you deserve.
Why should I hire a truck accident lawyer?
Hiring an experienced truck accident lawyer after your Washington truck accident can significantly improve your chances of protecting your rights and securing the compensation you deserve. Truck accident claims are more complex than typical car accident cases, and an attorney can help in several critical ways:
- Protect Your Legal Rights: An attorney ensures your rights are protected throughout the claims process, preventing missed deadlines or exploitation by insurance companies or trucking companies.
- Evaluate Settlement Offers: They will review any settlement offers to determine if they fully cover your medical expenses, lost wages, and other damages.
- Handle Communications: Dealing with trucking companies and insurers can be overwhelming. Your lawyer will handle all communications on your behalf, ensuring your interests are represented and protecting you from pressure to accept lowball settlements.
- Verify Official Reports: A lawyer ensures accident reports, insurance forms, and other documents accurately reflect the facts of your case, reducing the risk of errors that could harm your claim.
- Gather and Analyze Evidence: They will collect critical evidence, including witness statements, video footage, and physical evidence from the crash. Additionally, they may collaborate with accident reconstruction experts to build a strong case and uncover the cause of the accident.
- Negotiate for Maximum Compensation: Your attorney will negotiate with insurance companies to secure the best possible settlement that reflects your current and future needs.
- File a Lawsuit if Necessary: If negotiations fail, your lawyer will be prepared to file a lawsuit and represent you in court to fight for fair compensation.
- Provide Representation Throughout the Process: From initial claims to legal proceedings, your lawyer will advocate for your best interests every step of the way.
Truck accident claims are complex and often involve federal regulations, multiple liable parties, and high stakes. By hiring an experienced attorney, you can focus on recovery while they handle the legal challenges and fight for the compensation you deserve.
Cut through the confusion. Contact Colin Scott.
Attorney Colin Scott knows how to handle complex truck accident cases. Colin starts by investigating to find out what really happened. He reviews all documentation, such as accident reports and safety records. He can also seek to preserve evidence owned by the trucking company, such as electronic logging devices and electronic control modules (the truck's "black box").
During this investigation, Colin also focuses on identifying witnesses and will often conduct his own interviews prior to taking depositions. (If the witness is expected to be hostile, then he can also hire a private investigator to conduct and record said interviews.) Colin may also consult with one or more experts and/or specialists to determine what caused the crash. He is also a member of AAJ and WSAJ, two organizations that provide forums for attorneys to discuss similar cases they are working on together in the State of Washington and all over the country. These efforts are collectively designed to build a strong case that proves one or more parties were responsible for the crash that left you injured. The result, if successful, is a case that insurance companies can't ignore.
Colin will seek financial compensation for all the damages you have suffered. This includes compensation for current and future medical expenses related to your injuries, such as hospital stays, follow-up appointments, medication, therapy and home health care. It includes lost wages if you couldn’t work. Other damages may include pain and suffering, disfigurement, emotional anguish and loss of enjoyment of activities.
Contact an experienced truck accident attorney today
Insurance companies will fight your claim. There are many tactics they use to try to limit your compensation. These include questioning the seriousness of your injuries or arguing they were pre-existing. They may try to blame you for causing the crash. You may receive a lowball settlement offer that falls far short of covering your damages.
Our goal is to get the best possible outcome in your case, either through a negotiated settlement or litigation. When insurance companies are confronted by a strong case that proves negligence, they often become much more willing to enter into settlement negotiations. They would like a quick settlement that helps them save money, and sometimes this can be in the client's best interests as well.
If the insurance company's proposed settlement doesn't meet your needs, Colin can also fight for you in court to obtain compensation for all damages to which you are entitled. This can include compensation for medical expenses to treat your injuries - both now and in the future. It can also include past lost wages and loss of earning capacity. And it almost always includes compensation for pain and suffering (which is one of the main distinguishing characteristics of a personal injury case, versus other types of civil cases that focus only on economic damages).
Give us a call or contact us online today for a free consultation.