July 2, 2024

Why You Need a Truck Accident Lawyer

car after a collision with a heavy truck
Sin traducción al español

You need a truck accident lawyer because your health requires complete, undivided attention. You may also hire an attorney because truck accident cases are far more complicated than others.

Rather than trying to learn about civil law, the trucking industries, trucks themselves, and insurance claims, why not hire an experienced, knowledgeable lawyer who already knows these topics well?

You have only so much time and energy. It may be unrealistic for you to recover as you need to while handling the daunting demands of a truck accident case. Choose to let a lawyer help, and they will fight for the financial award you are entitled to.

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Don’t Underestimate the Demands of a Truck Accident Case

Accident involving two cars on the road, a collision with a truck in rear end.

Anyone victimized by negligence may benefit from hiring a personal injury lawyer. That said, some cases are more complex than others, and those with complex cases may benefit especially from the services of a truck accident attorney.

Some reasons that make truck accident cases more challenging than most include:

Securing Evidence from the Trucking Company May Be Tricky

Truck accident attorneys sometimes file spoliation letters, which are legal notices that demand the recipient preserve evidence.

Your attorney may need to file this notice with a trucking company so your legal team can secure:

  • Data from the truck’s black box, which records movement, speed, and other potentially relevant data
  • Photographs of the damaged truck, which may help prove how the collision happened
  • Footage from a truck’s inward- and outward-facing cameras
  • Employment records, which can show a driver’s history of negligent behavior
  • Records detailing the truck’s manufacture date and service history, which may be especially relevant if a defect contributed to your accident

Your attorney needs to secure such evidence as soon as possible, as the trucking company may “lose” such evidence (especially if the evidence benefits your case).

The Cause of Your Accident May Not Be Obvious

There are cut-and-dry cases in which the cause of a collision is fairly obvious. For instance, if a truck driver broke the speed limit and rear-ended another vehicle, the cause of the accident may be self-evident.

The cause of a truck collision is often not so obvious.

Trucks are complicated vehicles, and potential accident causes include:

  • Problems with components in the truck’s cab
  • Defects in a trailer the truck was hauling at the time of the accident
  • Negligence by the truck driver
  • Negligent actions by the trucking company
  • Dangerous road conditions
  • A variety of other potential hazards

Diagnosing the cause of your accident may require technical knowledge of truck components, trucking industry regulations, and other complicated areas of experience. Your truck accident attorney may have such knowledge, and they can also rely on experts (at no cost to you) in fields related to your case.

Multiple Parties’ Negligence May Have Contributed to Your Collision

Collision Between Truck and Car

When it comes to preventing truck accidents, any single error can prove catastrophic. In some cases, though, multiple failures cause the accident to happen.

If more than one party contributed to the collision, your lawyer will need to:

  • Identify every failure that led to the accident
  • Determine what share of fault each negligent party has
  • Determine how to seek compensation from each liable party
  • Successfully secure a fair financial recovery from each defendant (or their insurer)

Even if a truck driver alone caused your accident, their employer may share liability for your damages. Your attorney will sort out all issues of fault and liability and create a personalized strategy for securing all the money you deserve.

You May Be Entitled to a Large Settlement or Verdict (Raising the Stakes of Your Case)

Trucks are overrepresented in fatal accident stats, in part because they can be as much as 30 times heavier than passenger vehicles.

When serious accidents happen, victims often deserve six-, seven-, and even eight-figure settlements, which means:

  • If you don’t obtain the compensation you are entitled to, you can face severe financial hardship
  • Those who owe you compensation may be less likely to offer a fair settlement, as they may not want to volunteer such a large sum of money
  • Because liable parties may be unwilling to pay the compensation you deserve, there may be a higher-than-average chance that your case requires a trial

High-stakes cases require a highly qualified attorney. For this reason, every truck accident victim should let an accomplished personal injury attorney represent them.

Trucking Companies Often Have Capable Attorneys Defending Them

It would be naive to think a trucking company or insurer will hand over the compensation you deserve.

Those who owe you compensation may fight you every step of the way, including by:

  • Blaming you for causing the accident
  • Undervaluing the financial cost of your accident-related damages
  • Trying to trip you up while you make recorded statements
  • Enticing you accept a lowball settlement offer
  • Making settlement negotiations as difficult as possible
  • Refusing to offer the settlement you deserve

In addition to any liable trucking company, vehicle manufacturer, or insurer, you may be up against these parties’ lawyers. It makes sense that you would have a lawyer to fight on your behalf.

Why a Truck Accident Lawyer May Be Just What You Need

Those who suffered an injury or lost a loved one in a truck accident may benefit from hiring a lawyer because:

  • You cannot handle any more stress (which a claim or lawsuit will likely cause): Those who suffer injuries or lose loved ones may have a low stress tolerance. If you try to handle your own case, you may derail your recovery or even suffer new health issues.
  • You may not have any experience with truck accidents: Most truck accident victims are first-timers. Therefore, you may have no frame of reference for securing compensation after a truck collision, and the experience may be significantly different than the process that unfolds after a car accident. Relying on a lawyer’s experience can make up for your own inexperience.
  • Your lawyer will support your case in several ways (including financially): Attorneys cover every cost associated with their clients’ truck accident cases. Furthermore, your lawyer will give their time and energy to obtain the compensation you deserve.
  • Your attorney will guide you through the fight for compensation: No matter how difficult or painless your case proves to be, your lawyer will ensure you get through it. Your attorney will shoulder the stress and work associated with your case, so you don’t have to.

Auto accident victims often suffer post-traumatic stress disorder (PTSD), which is reason alone to let an attorney handle your case. Considering the many benefits a lawyer provides, it’s no secret why so many truck accident victims hire attorneys.

What You Get When You Hire a Truck Accident Attorney

Business and lawyers discussing contract papers with brass scale on desk in office

When you hire a truck accident lawyer, you get:

  • The knowledge, experience, and training a lawyer possesses
  • The support of a lawyer’s team, which may include paralegals, investigators, other lawyers, and experts
  • The law firm’s financial support
  • All other resources the law firm has

You will receive all these benefits without paying a dime out of your pocket.

Truck accident lawyers typically offer contingency fees, which means their fee comes from any settlement or verdict they secure, not directly from you. This means you won’t have to worry about paying any out-of-pocket cost for a lawyer’s services and resources.

Your Lawyer Will Know the High Standard Truckers and Trucking Companies Must Honor

When a motorist drives drunk or tailgates, it’s easy enough to see that they’ve engaged in reckless (and potentially illegal) behavior. However, the trucking industry is even more highly regulated than passenger vehicles. Because lawyers know the industry well, they can recognize when liable parties break the rules (and become liable for victims’ damages as a consequence).

Your attorney will evaluate all information and evidence to determine if:

A Truck Driver Was Negligent

Truck drivers must take extensive measures to prevent accidents, including:

  • Obtaining and maintaining a commercial driver’s license (CDL)
  • Ensuring they are in good health
  • Avoiding taking impairing substances, including alcohol, prescription drugs, illicit drugs, or anything else that impedes their ability to drive safely
  • Abiding by hours of service regulations, which require that the driver takes regular breaks
  • Inspecting their truck regularly and seeking immediate service when necessary
  • Obeying the speed limit and other traffic laws

When a truck driver’s negligence causes an accident, their employer may also be liable.

A Trucking Company Was Negligent

Your attorney will determine if a trucking company:

  • Hired a driver or other employee who was not fit for the job
  • Failed to monitor employees’ health
  • Failed to monitor drivers for drug and alcohol use
  • Failed to monitor or sanction drivers who exhibit dangerous driving practices
  • Failed to service or replace vehicles and trailers as necessary

Your lawyer may consult experts in the trucking industry as they prove negligence and build your case for compensation.

Any Other Party’s Negligence Contributed to Your Accident

Truck drivers and trucking companies are not the only ones who can cause accidents. Your attorney will consider all available information and evidence. If another party is at fault for your accident (even partially), your lawyer will document their negligence and demand they pay you fairly.

How Truck Accident Lawyers Fight for Their Clients’ Recoveries

Files and evidence bag

Your attorney will manage every detail of your claim or lawsuit, which will require them to:

Obtain Evidence of Negligence Right Away

Whether your lawyer is securing video footage from a traffic camera, black-box data from a trucking company, or any other evidence, they will waste no time. Evidence is often time-sensitive, so your lawyer will immediately secure and protect such evidence.

Your truck accident has caused specific damages, and your lawyer will secure proof of each.

Some common types of documentation in truck accident cases include:

  • Medical bills and records
  • Images of injuries (including both photographs and medical images like X-rays)
  • Invoices for vehicle repairs
  • A mental health professional’s documentation of your pain and suffering
  • Employment and financial records showing the professional cost of your accident
  • Any other documentation that illustrates the harm the accident has caused you

Many truck accident victims face a long road to recovery, and some are permanently disabled. In such cases, attorneys work with experts to project and document future medical expenses, pain and suffering, and other long-term damages.

Calculate Your Exact Case Value

Your attorney will calculate the financial cost of each of your damages. The total value of those damages will determine how much compensation you deserve.

Negotiate a Settlement with Insurers or Other Liable Parties

Settlement negotiations are when your lawyer can deliver the compensation you deserve. Experienced attorneys come prepared to negotiate, and they make the most convincing argument possible for why liable parties should settle.

Experienced attorneys expect liable parties to try and lowball you or pay as little as possible. Your lawyer will insist that those responsible for your damages pay the entire sum they owe you.

If your case results in a lawsuit or trial, your attorney will represent you in all legal proceedings. Lawyers thrive in settlement talks and court cases, so you will be in good hands as your case unfolds.

Damages Your Attorney Will Include in Your Truck Accident Claim or Lawsuit

Bag of money with a dollar sign and a judge's hammer on the scales

Your attorney will seek fair compensation for:

  • Medical bills
  • Lost income
  • Diminished earning power
  • Vehicle repairs
  • Replacing a totaled vehicle
  • Pain and suffering
  • Mental health services
  • All other accident-related damages

Your damages are unique, so you need a detail-focused lawyer to evaluate each and determine their precise financial value.

Why It’s Important to Hire Your Truck Accident Lawyer as Soon as Possible

Your attorney may face a statute of limitations requiring them to file your case within a set period. Don’t miss this deadline, as that can be a catastrophic decision. Further, waiting to get an attorney on board risks losing key evidence that is in the hands of the trucking company or related parties.

Find a qualified, client-endorsed truck accident lawyer and get your free consultation today.

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