Flatbed Accidents 

A flatbed truck is a type of commercial vehicle that has an open, flat body without any sides or roof.  It is designed to transport large and heavy cargo that cannot fit inside a traditional enclosed truck or trailer.  The absence of sides and roof allows for easy loading and unloading of goods from any position on the truck bed.   

Flatbed trucks are commonly used industries such as construction, agriculture, and transportation to haul items such as machinery, building materials, and oversized loads. 
 
It’s important to note that flatbeds, like any other large vehicle, can pose risks on the road. Drivers of these vehicles must be trained and experienced to operate them safely, and other road users should exercise caution when sharing the road with these trucks. If you or someone you love have been injured in an accident with a flatbed truck, the lawyers at VanDerGinst Law can help you get the compensation you deserve. 

Reasons Flatbed Truck Accidents Occur 

Flatbed truck accidents can occur due to various reasons. Here are some common reasons: 

• Improper loading: Accidents can happen if the cargo on the flatbed truck is not properly secured or balanced. Unsecured cargo can shift during transit, leading to a loss of control or even cargo falling off the truck. 

• Overloading: When a flatbed truck is overloaded beyond its capacity, it can affect the vehicle’s stability, braking ability, and maneuverability. This can increase the risk of accidents, especially during turns, braking, or sudden maneuvers. 

• Failure to secure the load: If the cargo on the flatbed truck is not adequately secured using tie-downs, straps, or chains, it can become loose during transit. Loose cargo can shift, fall off the truck, or create hazards for other vehicles on the road. 

• Poor weather conditions: Adverse weather conditions such as heavy rain, snow, or strong winds can make driving a flatbed truck more challenging. Slippery roads and reduced visibility can increase the risk of accidents. 

• Inadequate maintenance: Neglecting proper maintenance of the flatbed truck, including regular inspections, can lead to mechanical failures such as brake issues, tire blowouts, or steering problems, which can contribute to accidents. 

• Driver error: Human errors such as distracted driving, fatigue, speeding, improper lane changes, or failure to follow traffic rules can also result in accidents involving flatbed trucks. 

To minimize the risk of accidents, it is crucial for drivers to receive proper training, follow safety protocols, secure cargo correctly, and maintain their vehicles regularly. 

Who is Liable to Compensate Victims of Flatbed Truck Accidents 

Determining liability in flatbed truck accidents can be a complex process and depends on various factors. In general, liability may be attributed to one or more parties involved in the accident. Here are some potential parties that could be held liable: 

• Truck driver: If the driver was negligent, such as by speeding, driving under the influence, or violating traffic laws, they may be held liable for the accident. 

• Trucking company: The trucking company may be held liable if they failed to properly train their drivers, violated safety regulations, or neglected to maintain their vehicles. 

• Other drivers: If another driver caused the accident by their negligent actions, they may be held liable. 

• Manufacturer or maintenance provider: If the accident was caused by a defect in the truck or improper maintenance, the manufacturer or maintenance provider may be held liable. 

• Shipper or loader: If the accident was caused by improper loading or securing of the cargo, the shipper or loader may be held liable. 

It’s important to note that the determination of liability is often based on the specific circumstances surrounding the accident. Legal professionals, such as the personal injury lawyers at VanDerGinst Law, can provide guidance in assessing liability and pursuing compensation for damages. 

Investigating a Flatbed Truck Accident 

Proving liability in a flatbed truck accident typically requires gathering evidence and establishing the legal elements of negligence. Here are some steps that may be required to prove liability: 

• Collect evidence: Gather all available evidence which could help establish the facts surrounding the accident, such as: 

• photographs 

• videos 

• witness statements 

• police reports 

• cell phone records 

• truck maintenance records 

• logbooks 

• personnel files 

• training manuals 

• construction site or roadway information 

• Identify potential witnesses: Speak to any witnesses present at the accident scene and gather their contact information. Their statements may support your claim and help establish liability. 

• Preserve physical evidence: If there are any physical objects involved in the accident, such as damage to vehicles or road conditions, make sure to document and preserve them as evidence. 

• Consult with experts: In some cases, it may be necessary to consult with accident reconstruction experts or other professionals who can provide expert opinions on liability. 

• Review applicable laws and regulations: Familiarize yourself with the local traffic laws and any specific regulations related to flatbed trucks or commercial vehicles. This can help determine if any violations occurred that contributed to the accident. 

• Establish negligence: To prove liability, you generally need to establish that the party you believe is at fault was negligent. This involves demonstrating that they had a duty of care, breached that duty, and that the breach caused the accident and resulting damages. 

Remember, every accident case is unique, and the specific steps to prove liability may vary. It’s essential to consult with a lawyer who can guide you through the process based on the specific details of your case. The lawyers at VanDerGinst Law have the knowledge and experience to handle these types of cases and get you the compensation you deserve.   

Bringing a Claim for Injuries Caused by a Flatbed Truck Accident 

If you have been injured in an accident with a flatbed truck, you are entitled to compensation if the fault can be proven to lie with other parties.  Accidents involving flatbed trucks tend to result in higher damages than passenger vehicle crashes due to the damage caused by the size and weight of the vehicle and the serious nature of the injuries often sustained. The lawyers at VanDerGinst Law can help you obtain the compensation to which you are entitled, including (but not limited to): 

• Medical bills 

• Past and future lost income 

• Pain and suffering 

• Disability 

• Wrongful death 

• Scarring 

• Emotional distress/mental anguish 

• Loss of consortium 

• Property damage 

• Out of pocket expenses 

How much Compensation Should You Get for Your Injuries? 

If you suffered injuries in a flatbed truck crash, you may wonder what your claim is worth.  Every situation is unique.  Any attorney who would attempt to give you an idea of the true value of your claim without a detailed analysis is either incompetent or untrustworthy.   

Assessing the value of a claim involves answering questions such as: 

• Are your injuries severe or permanent? 

• What are the nature of your injuries? 

• What type of treatment did your injuries require? 

• What was the length of your care and treatment? 

• Are you still receiving treatment?  If so, for how long do you expect to continue treating? 

• What was the cost of your care and treatment?  What do you expect the cost of future care to be? 

• Did you have to miss any work due to your injuries? 

• Did you lose any wages? If so, how much income have you lost? 

• Are you expected to lose further income?  If so, for how long? 

• Do you experience pain and suffering related to your injuries?  If so, how would you rate the pain on a scale of 1 to 10 and how has the pain evolved over the course of time? 

• Did you require specialized medical equipment, such as a wheelchair or ramp after your injury? 

• Did the accident leave you disfigured or scarred in any way? 

• Did you sustain any temporary or permanent disability? If so, what were they? 

These are just a few questions to assist in determining a fair compensation amount in a flatbed truck accident case.  A consultation with a VanDerGinst Law can help you obtain a better understanding of what compensation may be available to you. 

Wrongful Death Actions 

If your loved one died as a result of injuries sustained in an accident with a flatbed truck, you may have the right to file a wrongful death claim on their behalf.  Typically, close family members, such as spouses, children, parents, and siblings may pursue a wrongful death action. The compensation you receive will never replace the loss of your loved one, but it will allow you to be compensated for medical bills, funeral expenses, lost financial support, and compensation for your grief and emotional distress.   

Contact a Flatbed Truck Accident Lawyer Today 

A collision with a flatbed truck can leave you injured, with high medical bills, the inability to work, and pain and suffering.  VanDerGinst law can help you get the compensation you need and deserve.  Call today 800-960-8529 or click here.`