A truck accident lawyer is a legal professional who has specialized education, training and experience in handling legal cases for people injured in a trucking accident. This could include commercial delivery trucks, construction trucks, 18-wheelers, tractor-trailers, or other large vehicles. Truck accident injury lawyers may also work in other fields of personal injury law, such as brain injury, wrongful death, or other serious injuries, with injuries caused by truck accidents being a primary area of focus.
Truck accidents are not like other types of motor vehicle accidents and can involve complex legal issues. In addition to the potential for severe injuries or property damage, truck accidents often involve multiple defendants and insurance policies, as well as ever-changing state and federal regulations that may affect the value of your case.
If you have been injured in a truck accident, you certainly need an experienced truck accident lawyer to help build a strong case.
Truck accidents are different from other types of accidents.
Because of the sheer size and weight of commercial trucks, truck accidents often result in more severe injuries and damages. They may also involve a complicated mix of state laws, as well as federal statutes. A lawyer with expertise in this area understands the medical, insurance, mechanical, and regulatory issues that make these cases different from regular car accidents.
What Does a Truck Accident Lawyer Do?
Like other types of personal injury lawyers, truck accident attorneys may spend a significant amount of time collecting evidence and researching relevant state and federal laws to make sure your truck accident lawsuit is viable. Crashes involving commercial trucks can involve complicating factors, including separate insurance policies for the tractor, trailer, and driver, road restrictions, and FMCSA regulations that may complicate your case.
Case Evaluation
Truck accident litigation can be a costly process for your personal injury attorney. That’s why their first step is to research and evaluate your personal injury case to determine if it is likely to succeed. With the aid of crash site visits, private investigators, expert consultants, legal research, and insurance policy investigation, your truck accident lawyer will conduct a thorough investigation into your case, sometimes before taking the case. This may include visiting the accident scene, looking at vehicle damage, hiring a truck crash reconstructionist, and looking into other factors that may help determine fault.
If your claim has good facts, your truck accident lawyer will accept your case and will set to work proving liability and calculating damages. They may work with an accident reconstructionist, request police reports, review your medical records, and gather witness statements in the process of making your case.
Legal Research
In terms of legal issues, trucking cases are much more complex than a car crash case. The job of a truck accident lawyer includes a considerable amount of legal research.
Commercial trucking accidents are governed by specific federal and state regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA). The laws that apply will depend upon whether the truck that hit you only operated inside your state, or whether the company operated in multiple states. It can also depend upon the weight of the vehicle that hit you. Your truck accident attorney will do a deep dive into all relevant rules and statutes to determine which of them apply to your truck accident case.
Determining Liability
The viability of your truck accident case hinges on proving liability: that is, your truck accident attorney must show that the trucking company was responsible for your injuries. The process of determining the liable party (or parties) may involve researching multiple potential defendants, including the truck driver, the trucking company, the truck manufacturer, the trucking broker, and even third-party parts or maintenance companies. After gathering information, your truck accident attorney will identify who likely responsible for the accident.
Communicating with the Defendant and Insurance Companies
Trucking companies are required to carry at least $750,000 in liability insurance. Because trucking accidents may involve multiple injured parties and large medical bills, trucking insurance companies often rush to the scene to do a crash reconstruction. They often use sophisticated 3D scans of the scene and the vehicles involved, looking for ways to avoid responsibility.
Trucking insurers will recruit legal teams to look for any loophole that would allow them to pay less. A truck accident lawyer will negotiate with the insurance company on behalf of their client, seeking compensation for medical expenses, property damage, lost wages, and/or pain and suffering. In most cases, this leads to a settlement between plaintiff and defendant.
Case Litigation
If a fair settlement cannot be reached, your truck accident lawyer should be ready to take your case to court. They will represent the client in legal proceedings, filing lawsuits, presenting evidence, and advocating for the best possible outcome. Due to the massive damages involved with these cases, it is not uncommon for defendant trucking companies to want to settle out of court. If a trucking case goes to trial, verdicts may include punitive damages. An experienced trucking lawyer may advise you differently based upon the state. In Oregon, the State of Oregon takes 70% of all punitive damages awarded. In Washington, punitive damages are not allowed in trucking cases.
Conclusion
In conclusion, hiring an experienced truck accident lawyer in the USA can make all the difference in securing the justice and compensation you deserve. The best truck accident attorneys understand the complex mix of state and federal trucking laws, insurance regulations, and the investigative steps required to prove liability in serious collisions. They have the resources to take on large trucking companies and insurance carriers, ensuring that victims receive maximum compensation for medical expenses, lost income, and pain and suffering. Whether through skilled negotiation or strong courtroom advocacy, a reputable truck injury law firm protects your rights every step of the way. If you or a loved one has been involved in a truck collision, consulting a trusted truck accident lawyer is the most important step toward rebuilding your life and achieving a fair outcome.
