Truck Accidents Legal Glossary
Many technical terms may arise in truck accident cases. Some of these terms may not be familiar to the average person. This glossary aims to provide more clarity about the terms used to describe truck accidents and injuries, as well as the related legal claims.
A
Abdominal aorta aneurysm – a ruptured artery in the abdomen when the stomach is crushed in a truck accident
Amputation – the loss of a limb, which may occur when removing a victim trapped in accident wreckage or when preventing life-threatening complications later
B
Backover accident – an accident that occurs when a driver goes into reverse without checking for vehicles or people behind them
Black box – see Event data recorder
Blind spots – areas around a vehicle that a driver cannot see by using their mirrors
C
CDL – commercial driver’s license, which is required to operate a truck
Chain reaction accident – an accident in which an impact pushes a vehicle into the path of other vehicles
Closed head injury – an injury when the head strikes an object but does not suffer external damage
Coming and going rule – a workers’ compensation rule that prevents a victim from getting benefits for an accident while they were commuting to or from work
Commercial learner’s permit – a permit that allows a prospective commercial driver to practice on the road next to a qualified CDL holder while they are training for their CDL
Comminuted fracture – a type of broken bone in which the bone is broken into more than two pieces or shattered completely
Comparative negligence – a method for reducing damages awarded to a victim in proportion to their degree of fault for an accident
Complete fracture – a type of broken bone that involves the bone being broken into pieces
Complete spinal cord injury – an injury in which the victim loses all sensation and movement below the injury site
Compound fracture – a type of broken bone that involves an open wound or a break in the skin around the fracture
Contingency fees – the usual fee structure for truck accident attorneys, which involves collecting a percentage of compensation recovered for a client rather than charging an upfront fee
Contracture – a scar that pulls together the edges of the skin after the loss of a large area of skin, potentially hampering movement
Contributory negligence – a principle that prevents a victim from recovering any damages after an accident if they were at fault to any degree
Contusion – blunt force trauma that causes swelling and bleeding into the tissue
D
Damages caps – limits on the amount of compensation that can be recovered for a truck accident
Debridement – a medical procedure in which the area around a burn is cleaned, and dead or infected skin cells are removed
Dermabrasion – a treatment that can improve the appearance of burn scars by sanding the outer layer of skin with a rapidly rotating device
Design defect – an inherent safety flaw in a product, leading to liability for the manufacturer
Discovery rule – a procedural rule that may alter the deadline for filing a truck accident lawsuit when a victim did not know immediately about their injuries
Distracted driving – any behavior that takes attention away from the task of operating a vehicle
Driver qualification file – a record maintained by a trucking company that shows that a driver has a safe driving record and is properly trained and medically fit to operate a truck
E
Economic damages – damages awarded to compensate a victim for financial costs related to a truck accident, such as medical expenses
Event data recorder – a device in a truck that contains information about its operation and may reveal evidence of violations of trucking regulations
F
Federal Motor Carrier Safety Administration – the main US agency that sets safety rules for the trucking industry
First-degree burn – a burn that causes limited damage to the outer layer of skin (epidermis)
Flatbed – a truck with open sides that carries large or unusually shaped cargo
Fourth-degree burn – a burn that destroys all the layers of skin and may damage bones, muscles, and tendons
G
Grinding compression – a type of laceration involving an impact at an angle, which peels back the top layer of skin and may crush tissue underneath
H
Hit and run – a failure to stop at the scene of an accident causing injuries
Hours of service rules – limits on the amount of time that a driver can be on duty, both consecutively and per week
Hypertrophic scar – a scar that is limited to the area of the original wound and develops within weeks of an injury
I
Incomplete fracture – a type of broken bone in which the bone is cracked but not broken into pieces
Incomplete spinal cord injury – an injury in which the victim retains some sensation and movement below the injury site
Indirect liability – see Vicarious liability
J
Jackknife accident – an accident usually caused by a sudden stop, when the trailer of a truck swings to the side at a 90-degree angle
Joint and several liability – a rule that holds any at-fault defendant accountable for paying the full amount of damages to a victim
K
Keloid scar – a scar that spreads beyond the edges of the original wound and may develop up to a year after an injury
M
Manufacturing defect – an error in making or assembling a product that makes it dangerous, leading to liability for the manufacturer
Marketing defect – a failure to warn about the risks of using a product or explain how to use it safely
Maximum medical improvement – the stage at which a victim has recovered from their injuries, or their condition has stabilized to the extent possible
Modified comparative negligence – a rule in some states that prevents a victim from recovering damages after an accident if they were at fault to a certain degree (usually 50 or 51 percent)
N
Negligence – a legal cause of action that involves proving that the defendant failed to use reasonable care under the circumstances
Negligence per se – a way of proving negligence by proving a violation of a law or rule designed to protect people like the victim from the type of harm that they suffered
Negligent hiring – a legal theory that holds an employer (such as a trucking company) accountable for a lack of due diligence during the hiring process, which resulted in hiring an employee (such as a truck driver) who posed a foreseeable risk of harm
Negligent supervision – a legal theory that holds an employer (such as a trucking company) accountable for failing to properly supervise an employee (such as a truck driver)
Non-economic damages – damages awarded to compensate for intangible harm caused by a truck accident, such as pain and suffering
Non-disclosure clause – a clause in a settlement agreement that prevents each side from revealing the details of the agreement
Notice of claim – a procedure for suing a government defendant that involves a shorter deadline than the ordinary statute of limitations
No zones – see Blind spots
O
Open head injury – an injury when an object pierces the skull and exposes brain tissue
Override accident – an accident involving a truck running over a passenger car
P
Paraplegia – loss of sensation and movement in the legs, caused by a spinal cord injury
Pneumothorax – an injury in which a lung collapses and leaks air into the chest cavity
Products liability – a legal claim against the manufacturer of a defective product
Punitive damages – damages that go beyond compensating the victim to punish the defendant and deter others who are similarly situated
Q
Quadriplegia – a loss of sensation and movement in the legs and arms, caused by a spinal cord injury
R
Road rage – intentionally violent actions toward someone else on the road
Rollover accident – an accident in which a truck flips onto its top or side
S
Second-degree burn – a burn that damages the outer layer of skin (epidermis) and the under layer of skin (dermis)
Settlement – an agreement in which a victim receives a certain amount of money in exchange for releasing any claims arising from an accident against a defendant
Several liability – a rule that allows a victim to recover damages from a defendant only in proportion to their degree of fault
Sideswipe accident – an accident in which the side of one vehicle strikes the side of another vehicle next to it
Simple fracture – a broken bone that does not involve harm to the surrounding area
Skills test – the test for becoming a commercial driver, which includes a vehicle inspection, a basic controls test, and a road test
Skin graft – a medical procedure that involves taking skin from another area of the body to assist with healing a burn
Soft tissue injuries – injuries that generally affect tendons, ligaments, or muscles, such as sprains and strains
Sovereign immunity – a rule that protects the government from being sued, which is waived in certain personal injury cases
Spinal cord – a tube of nerves that control motor and sensory functions by transmitting messages between the brain and the body
Split laceration – a type of laceration when skin and tissue are torn due to compression when they are crushed between objects
Spoliation – deliberately or accidentally destroying evidence that is relevant to litigation, which may cause a court to impose sanctions
Sprain – an injury that involves stretching or tearing a ligament
Squeeze play – a maneuver in which a truck traps a car between the truck and the curb while making a right turn
Statute of limitations – the deadline for filing a truck accident lawsuit
Strain – an injury that involves stretching or partially or completely tearing a tendon or muscle
Stress fracture – a tiny crack in a bone that is more minor than most broken bones
Strict liability – a legal cause of action that usually relies on showing a product defect, rather than proving negligence
Subrogation – the right of a workers’ compensation insurer to recover money that it paid due to the actions of an at-fault third party, once the victim gets compensation from the third party
Survival action – a claim brought after a fatal accident in which the estate of the deceased victim can recover damages
T
Third-degree burn – a burn that destroys two full layers of skin and damages nerve endings
Tire blowout accident – an accident that occurs when a tire bursts, often causing the driver to lose control of the vehicle
Triplegia – a loss of sensation and movement in the legs and one arm, caused by a spinal cord injury
U
UM/UIM insurance – coverage for accidents in which an uninsured or underinsured motorist was at fault
Underride accident – an accident when a car slides under the side or rear of a truck
V
Vicarious liability – the liability of an employer for careless actions by an employee (often a truck driver working for a trucking company) while they were on the job
W
Weigh stations – inspection facilities on highways where trucks are checked for compliance with regulations governing cargo
Whiplash – a sudden back and forth movement of the neck and head in response to an impact
Workers’ compensation – no-fault benefits available to victims of accidents on the job, covering medical expenses and partial wage replacement
Wrongful death – a claim brought after a fatal accident in which family members of the victim can recover damages
