Legal Guidance in Truck Accident Claims: What to Expect
If you’ve been hit by a commercial truck, your life just got flipped upside down.
Your injuries are life-changing. The medical bills will accumulate rapidly. And the trucking company? They have legal departments staffed with teams of attorneys dedicated to denying you fair compensation.
The problem is…
Commercial truck accident cases are an entirely different animal than a run-of-the-mill car accident. Regulations at the federal level, the number of parties liable for damages, and policy limits in the millions. Trucking companies are not to be trifled with, and without the proper legal guidance, victims are far too often left with only a fraction of what they’re owed.
To that end, the following are broken out…
- Why Truck Accidents Require Specialised Legal Help
- What a Truck Accident Lawyer Actually Does
- Responsibilities of a Lawyer During Your Claim
- Maximising Value of the Settlement
Why Truck Accidents Require Specialised Legal Help
Truck accident cases are entirely different animals than a run-of-the-mill car crash.
The crash investigation involves not only the responding police officers but the trucking company and the drivers’ daily logs. There are federal safety regulations in question and heavy burdens placed on the claimant to prove negligence and liability on the part of the drivers.
Case in point, per the latest data, large truck crashes in 2023 resulted in more than 5,000 fatalities and over 86,000 injuries. (Keep in mind that a “large truck” is a vehicle over 10,000 pounds, which means that these accidents do not include commercial vans or SUVs).
Put plainly, there was a staggering amount of property damage and injuries in trucking accidents last year.
Which is to say… The people injured in these crashes? Aren’t the ones at the wheel of the eighteen-wheelers.
It’s a hard truth, but studies estimate that as much as 82% of fatalities in a truck accident are people in other vehicles. And not by a small margin. In an analysis of the crash types involved in the aforementioned 5,038 fatalities in 2023, data shows a large majority of 55% of occupants in cars or trucks killed as a result of truck accidents.
The remaining 27% were occupants of large trucks themselves. Drivers of passenger vehicles are bearing the brunt of these crashes, both in fatalities and serious injuries.
The stakes for victims and their families in a truck accident are simply too high to go it alone.
Partnering with an experienced truck accident attorney can be the difference between a paltry settlement and the just compensation you’re owed for your injuries. Truck accident lawyers are well-versed in the nuances and complexities of commercial vehicle claims that you would otherwise not be able to work through on your own.
What a Truck Accident Lawyer Actually Does
It’s time to put the fears of lawyers from TV dramas and crime novels to rest.
A truck accident lawyer is first and foremost a professional investigator with legal firepower at their disposal.
The job of a truck accident attorney is not simply filling out paperwork and sending some emails. They take an active role in investigating the facts surrounding your crash to identify all responsible parties and hold them accountable for their negligence in a court of law.
Here’s where they differ from your typical attorney:
Truck accident lawyers have access to evidence that is almost entirely out of reach for an average person.
We’re talking about electronic logging devices (ELDs), driver qualification files, maintenance records, and black box data from the truck involved in the collision with you. All of this information can be subpoenaed by an attorney to shed light on whether the driver was following Hours of Service regulations or whether the truck was in mechanical violation of federal safety standards.
The trucking company is well aware that physical evidence is fleeting.
As soon as the crash happens, they understand that crucial records will be deleted and the truck itself will be repaired and returned to service, absent an attorney sending preservation letters and involving law enforcement to preserve the vehicle.
Key Responsibilities During Your Claim
So what does a truck accident lawyer actually do in a case?
The responsibilities can be broken out into several major areas:
- Evidence collection: Police reports, witness statements, crash scene photographs, trucking company records, etc.
- Liability investigation: Determining who is at fault in the case – the driver, trucking company, cargo loader, or even a parts manufacturer.
- Medical documentation: Collaborating with doctors to ensure injuries are accurately recorded and the full extent of damages is established.
- Insurance negotiation: Navigating all back-and-forth communications with insurance adjusters, who are trained to minimise payouts every step of the way.
- Litigation preparation: Developing a trial-ready claim that places enough pressure on defendants to offer a fair settlement.
I want to pause on that last point a moment…
Here’s why that’s important:
Insurance companies have databases with which to identify which attorneys are not afraid to take a case to trial.
If a truck accident lawyer has built a reputation for being willing and ready to go to court, they know the adjusters will offer more in an attempt to avoid facing an experienced trial attorney in front of a jury of their peers.
How Lawyers Maximise Settlement Value
In order to get fair compensation, it helps to know what a case is actually worth.
Settlements in truck accident claims often reach into the six figures and well beyond. According to data from the Federal Motor Carrier Safety Administration, the average loss in a fatal trucking accident is over $3.6 million.
The numbers are staggering, but I’ll let you in on a little secret…
Insurance companies don’t just hand over fair settlements. They contest every claim, no matter how valid. They hire experts to dispute claims of injury.
Attorneys level the playing field.
Lawyers calculate damages by reviewing…
- Current and future medical bills
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress/mental anguish
Many victims don’t realise how much their claim is worth until a lawyer reviews the big picture.
Serious, long-term injuries like traumatic brain injury or spinal cord damage require a lifetime of care and must be accounted for in any settlement.
Multiple Parties Mean Multiple Insurance Policies
One significant benefit in truck accident claims is the increased number of defendants that could potentially be liable for damages.
Whereas in a typical car accident there is generally only one at-fault driver, truck crashes often have several liable parties. The truck driver themselves might be negligent. The trucking company could have failed to properly maintain the vehicle. A loading company may have improperly loaded the trailer.
Each liable party represents another pocket of insurance coverage to pursue.
Commercial trucks are required to have significantly higher minimum insurance than a regular vehicle. This is a primary reason why truck accident claims can lead to higher settlements. However, proof of each party’s share of liability must be established through thorough investigation and strategic legal action to access those policies.
Wrapping Things Up
Truck accident claims are not for the faint of heart.
The injuries sustained are catastrophic. The legal issues are extremely complex. The opposition is made up of large organisations with deep pockets and high-powered attorneys.
The bottom line is…
Partnering with an experienced truck accident lawyer grants access to not only proper investigation and expert witnesses but also aggressive negotiation tactics. Truck accident lawyers know the ins and outs of trucking regulations, understand how to preserve evidence, and have the experience needed to take on major insurance carriers.
And when a commercial truck collision has caused life-altering injuries, having proper legal representation is not an option. It’s a necessity.
