While tractor-trailers and big rigs aren’t as common a sight in Hawaiʻi as they are on the mainland, they are still a necessity for our local economy. This is particularly true on Oʻahu, where trucks transport goods to and from the Port of Honolulu. These trucks provide a crucial service to residents of Hawaiʻi, yet they can also increase the risk of serious accidents.
Commercial truck drivers are subject to strict rules, but they can still cause motor vehicle accidents. Truck accidents can be especially dangerous given the size difference between the average passenger vehicle and a semi truck. If you have been hurt in a truck accident, our Honolulu motor vehicle accident attorneys will advocate for your right to full compensation.
At Miyashita & O’Steen, we offer high-quality, compassionate legal representation to accident victims throughout Hawaiʻi. We understand how devastating a truck accident can be and will work hard to help you get the money that you deserve for your injuries. Contact our law offices today to schedule a free initial consultation with a Honolulu personal injury attorney.
Common Causes of Truck Accidents
According to data from the Federal Motor Carrier Safety Administration (FMCSA ), there were 119,000 large truck crashes that caused injuries in 2021. In the same year, 5,904 large trucks and buses were involved in fatal crashes. These numbers demonstrated just how common commercial motor vehicle crashes are in the United States.
Comparatively speaking, Hawaiʻi is one of the safest states for truck accidents given its limited trucking routes and heavier reliance on sea transport. In 2023, there were only 2 fatal truck accidents in Hawaiʻi. That being said, given Hawaiʻi’s notoriously dangerous roads, it isn’t surprising that there are still a large number of truck accidents in our state.
Of course, it does not matter where Hawaiʻi is ranked in terms of truck safety if you are involved in a truck accident. Collisions between passenger vehicles and large trucks have the potential to cause significant property damage and injuries. This makes it all the more important to get justice if you have been hurt in a truck accident.
Like all other types of motor vehicle accidents, driver error is the leading cause of truck accidents. This may include things like a driver not paying attention or simply being too tired to safely operate their vehicle. Other common causes of truck accidents include:
- Hazardous road conditions
- Bad weather
- Inadequate training
- Mechanical failures
- Driving under the influence of alcohol and/or drugs
- Improperly maintained vehicles
- Poorly-secured loads
Because trucks are so large compared to the average car, truck, or SUV, these types of errors can lead to catastrophic crashes. This may include:
- Traumatic brain injuries (TBIs)
- Back injuries
- Spinal cord injuries
- Whiplash and neck injuries
- Concussions
- Broken bones
- Lacerations and contusions
- Internal organ damage
If you are hurt in a truck accident, you should get to a safe place. From there, you can take photos and videos of the accident scene if you are able to do so. You can also get contact information for any witnesses and information from the truck driver.
It is a good idea to call 911 after a truck accident so that a law enforcement officer responds to the scene and investigates the crash. First responders can also assess your injuries and transport you to the hospital for an evaluation. Even if you don’t ride in an ambulance, you should still seek medical treatment so that you get the right diagnosis and treatment.
Getting medical attention serves two purposes. First, it helps you get the care that you need. Second, it establishes a connection between your accident and your injuries. This makes it much harder for an insurance company to argue that your injuries were not related to the crash.
Finally, when you are home and feeling better, you should reach out to a Honolulu truck accident attorney to schedule a free initial consultation. Do not talk to representatives from the trucking company or an insurance adjuster before you have talked to one of our lawyers. We will protect your interests and help you understand your legal rights.
Honolulu Truck Accident Lawsuits and Settlements
Truck accidents are often a bit different from other types of motor vehicle collisions. In addition to the fact that semi trucks are capable of causing a lot more damage, they are also often owned by a trucking company. This means that you are generally not limited to just suing the at-fault driver for your accident.
Under the principle of respondeat superior, an employer can be held liable for the actions of their employees while they are working. In this situation, if a truck driver causes a crash, you can pursue a claim against the truck company. This can often result in a much bigger settlement, as the trucking company typically will have a much larger insurance policy.
It can also result in a more contentious legal process. Trucking companies are often big corporations, and they are represented by even larger insurance companies. That makes it all the more important to work with an experienced Honolulu truck accident lawyer who can take on these big corporations and get you the compensation that you deserve.
In most truck accident cases, the at-fault driver (defendant) acted negligently or carelessly. It is the accident victim (plaintiff)’s responsibility to prove that the truck driver was negligent in some way. For example, the plaintiff might introduce evidence to show that the defendant trucking company did not properly train the truck driver, leading him to make an error when navigating a turn and causing an accident.
In some cases, truck accident claims are based on intentional or reckless conduct. A good example of such a case is a truck driver operating a vehicle while under the influence of alcohol and/or drugs. Alternatively, a truck driver who texts and drives or who drives at excessive rates of speed may be considered reckless.
No matter the underlying conduct, you can still file a lawsuit to recover financial compensation for your losses. This may include money for your:
- Property damage
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Scarring
- Disfigurement
- Loss of enjoyment of life
In the case of intentional or reckless conduct, you may also recover punitive damages. If a loved one dies in a truck accident, you can file a wrongful death claim. This type of lawsuit allows family members to recover money for funeral and burial expenses, lost income, loss of companionship and support, and other losses.
Most personal injury claims are resolved through negotiation, rather than at trial. The process starts with a demand letter sent to the insurance company. This letter starts with an explanation of the facts of the case, before moving on to the legal reasons why its insured is responsible for the crash. It then ends with a demand for compensation.
It is often necessary to file a formal lawsuit in court to preserve your legal rights. This does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations while you exchange more information through the discovery process.
Our Honolulu truck accident lawyers are adept at negotiating high-value settlements for our clients. We won’t back down from a challenge and won’t accept anything less than fair compensation for your injuries. Best of all, we handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you.
Why Hire Our Law Firm for Your Honolulu Truck Accident Case?
After a truck accident, you may not be sure about hiring a lawyer. You might have limited experience with the legal system and be unsure of where to start. You may also have gotten a settlement offer from the insurance company.
While it is understandable that you would want to move forward with your life, accepting an offer without talking to a lawyer first can lead to a bad outcome. To get a settlement check, you will need to sign a waiver of your right to sue. This means that if the money isn’t enough to cover your losses, you won’t be able to do anything about it.
Let’s be frank: insurance companies will never offer you the money that you deserve unless they don’t have another choice. If you don’t have legal counsel, the odds that the insurance company and trucking company will give you full compensation are vanishingly small. The best way to protect yourself is by hiring a skilled Honolulu truck accident attorney who can take on the insurer’s own team of lawyers and adjusters.
Our law firm will start with a full investigation of the facts of the case. We will interview witnesses, gather medical records, request police reports, seek out “black box” data and trucking logs, and review photos and videos of the accident scene. We will simultaneously research Hawaiʻi law to build the strongest possible case.
Whenever possible, we will resolve your case through negotiation. If the insurance company refuses to offer you a fair settlement, we won’t hesitate to take your case to court. At trial, we will make arguments, question witnesses, and introduce evidence before asking a jury to return a verdict in your favor.
Being in a truck accident can be physically and emotionally devastating. The last thing that you should be worrying about in the days and weeks that follow is how you’ll pay your bills. You also shouldn’t have to deal with endless paperwork or calls from the insurance company.
Our law offices can handle all of the paperwork, communications, and stress for you. We will fight for your right to full compensation while you can focus on your health and well-being. Throughout the process, we will stand by your side and fight to protect your interests.
Contact a Seasoned Honolulu Truck Accident Attorney Today
If you have been hurt in a truck accident, you are not alone. Our law firm is committed to helping truck accident victims get justice. We will work with you to help you get maximum compensation for your losses.
The seasoned personal injury lawyers of Miyashita & O’Steen represent truck accident victims on Oʻahu and throughout Hawaiʻi. We understand just how overwhelming it can be to be in a serious accident. Our goal is to reduce your stress while we work hard to get you the money that you deserve. To learn more or to schedule a free consultation with a Honolulu truck accident attorney, give us a call at 808-300-0068 or fill out our online contact form.