Truck and commercial vehicle accidents are often far more severe than accidents involving ordinary light vehicles. If you or a loved one has been affected whether as the driver or passenger of a truck or any other type of vehicle involved our truck accident lawyers can help.
The legislation regarding motor vehicle accident compensation varies throughout Australia. For this reason, we have created separate pages with specific legal information for each jurisdiction.
To speak to a specialist truck accident lawyer for free impartial advice call 1800 106 107.
We can quickly help you understand your rights and if you are eligible to make a no win no fee claim we can provide you with immediate legal representation anywhere in Australia.
Our truck accident lawyers can help
Generally, truck accident claims fall under two categories, both of which we can help you with.
- Claims as an employee or owner truck driver
- General road user claims
Claims as a truck driver or passenger
If you are an employee, owner-driver, contractor or any other type of commercial driver, your truck accident claim may fall under work injury law. Either way, the experts at Millner and Knight can still help you get the compensation you deserve. Passengers, on the other hand, may be able to make their claim under traditional motor vehicle law. A truck accident lawyer in your jurisdiction will be able to confirm the correct process once he or she has reviewed the facts.
We have experts throughout the country ready to help. The number to call is 1800 106 107, all calls are free and you won’t feel pressed to take matters further.
General road user claims
We can also help general road users such as drivers, passengers, cyclists, motorcyclists and pedestrians who have been injured in accidents involving a commercial vehicle. If you or a loved one has been affected in a truck accident we can’t take away what you’ve been through, but we can help you recover compensation.
Common causes of truck accidents
Below is a list of some of the most common causes of truck accidents. Please do not worry if we have omitted to mention your experience as we will likely still be able to help.
Fatigue/illness – According to the TAC drowsy driving is suspected to be a primary cause in more than one-fifth of deaths on Australia’s roads. Most fatigue-related truck accidents occur when drivers do not take sufficient rest stops. In-country areas, fatigue is considered to be a major factor in almost 33 per cent of single-vehicle crashes.
Under the influence of drugs and alcohol – Driving under the influence DUI is not only against the law but extremely dangerous. Any blood alcohol concentration above 0.05 is over the legal limit. it’s also against the law to drive with the presence of any of the following drugs in oral fluid, blood or urine:
- Active THC (Cannabis)
- Methylamphetamine (Speed/ice)
- Methylenedioxymethamphetamine (MDMA or ‘ecstasy’) or
Remember, you may not feel under the influence however you may be under the law.
Tailgating – Driving without sufficient distance between vehicles can be deadly, especially when involving commercial vehicles. Truck drivers should take more caution than other road users due to many factors such as braking distances and visibility.
Poor weather conditions – Instant changes in weather conditions can wreak havoc on motorists. Wet roads can increase braking distance, decrease visibility and make roads extremely slippery especially if there is oil on the road. Other hazards include strong winds, hail and blinding sun. Truck drivers should always take extra care when driving in bad weather to minimise the risks of accidents occurring.
Failure to look properly – Failing to look properly is possibly the biggest contributor to road accidents in Australia. Failure to look properly with a combination of any of the following are leading causes of crashes involving trucks.
- Failure to judge another drivers path or speed; or
- careless, reckless or in a hurry; or
- poor turning or manoeuvring without signalling.
Mobile Phones and technology – Mobile phones combined with the influx of in-vehicle entertainment systems, distracted driving is quickly becoming one of the biggest threats to road safety. Using a mobile phone or gadget while driving can often cause:
- Slower reaction times;
- lane wandering;
- poor braking;
- and bad decision making
Condition of vehicles – Poor vehicle standards and mechanical safety are a common cause of truck accidents. Non-compliance regarding vehicle design, condition, configuration, functionality, maintenance, modifications or defects can increase the risk of accidents.
Bridges – Drivers of commercial vehicles should always take caution before driving under a bridge. All drivers should know the height and width of their vehicles to avoid bridge strikes.
Badly loaded vehicles – When transporting loads, trucks or trailers must be loaded safely to ensure the safety of other road users. Regardless of how far you need to travel, all loads should always be:
- properly restrained;
- not overhang dangerously;
- within the standard working load
- inline with mass limits
- clear of lights, indicators, reflectors or the number plate.
What can I claim for following a truck injury?
Compensation payouts for truck injuries or truck crashes vary depending on the severity of your injuries, the state in which your accident took place and what area of law your accident is governed by.
Some of the main variables a lawyer will consider when negotiating your compensation will include.
- time off work and lost earnings;
- future lost earnings;
- changes in your ability to work;
- care or support, even if given to you for free by family or friends;
- adaptations you might need to your home or motor vehicle;
- travel and accommodation expenses.
Although at this stage we can’t give you an accurate estimation, you can make your own assessment using our online evaluation tool.