The Benefits of Hiring a Truck Wreck Lawyer [2024 Guide]

Key Benefits of Hiring a Truck Wreck Lawyer

Commercial truck accidents are, unfortunately, becoming more common.

The Federal Motor Carrier Safety Administration (FMCSA) recorded the registration of 10,715,697 single-unit trucks (straight trucks) and 3,143,484 combination trucks (tractor-trailers) in the United States in 2021.

With these numbers, it is no surprise that truck accidents happen frequently.

The Insurance Institute for Highway Safety (IIHS) reported 4,764 deaths related to large truck crashes in 2022 alone.

If you or a loved one has been involved in a truck accident, hiring an experienced truck accident attorney is crucial.

Key benefits of seeking legal representation include:

• Comprehensive investigation
• Liability identification
• Legal knowledge and strategy

Comprehensive Investigation

Truck accidents often involve a wealth of evidence, which may be technical or complex for the average person to access and interpret.

A thorough investigation ensures that all relevant information is uncovered and utilized effectively.

What to investigate includes:

• Black Box Data: Commercial trucks often have event data recorders (EDRs) or black boxes that capture speed, brake usage, the driver’s activities, and other crucial information. Lawyers can obtain and analyze this data to identify potential negligence or violations of trucking regulations.
• Accident Reports: Lawyers secure official accident reports from law enforcement agencies, which document essential details such as the time and location of the accident, witness statements, and potential citations issued to the truck driver.
• Witness Statements and Dashcam Footage: Attorneys work quickly to interview witnesses while memories are fresh and ensure video evidence is preserved before it’s overwritten or deleted.
• Maintenance Logs: A lawyer can subpoena maintenance records to determine whether poor truck maintenance or neglect contributed to the accident.
• Expert Collaboration: Reconstructing the accident scene with the help of specialists, like accident reconstruction experts or mechanical engineers, can strengthen the claim by illustrating the sequence of events or technical malfunctions in detail.

By employing these tactics, lawyers create a compelling narrative that leaves little room for dispute.

Liability Identification

Truck accidents often involve a web of responsibility, as multiple parties may play a role in causing the crash.

A lawyer’s ability to identify every liable entity is crucial for maximizing compensation.

Parties include:

• Truck Drivers: A truck driver may be directly responsible due to actions like distracted driving, fatigue, or substance use. The FMCSA reported that speeding and distracted driving are the leading causes of truck accidents in 2021.
• Trucking Companies: These companies must vet drivers, enforce proper safety practices, and adhere to federal regulations. If a trucking company knowingly employs underqualified drivers or pressures employees to violate hours-of-service (HOS) limits, they can be held accountable for their negligence.
• Cargo Loaders: Improperly loaded cargo can lead to imbalances, spillage, or rollovers. Lawyers investigate whether loaders adhered to legal weight limits and correctly secured the load.
• Manufacturers and Maintenance Providers: Defective parts, such as faulty brakes, tires, or steering mechanisms, can contribute to accidents. A skilled lawyer will investigate whether defective products or subpar repairs played a role in the crash.

Uncovering all liable parties ensures victims pursue claims against each entity, maximizing the potential for compensation and creating a more comprehensive case.

Legal Knowledge and Strategy

Truck accidents are governed by a unique combination of federal and state regulations, requiring specialized legal expertise.

Truck accident attorneys provide essential advantages by leveraging their in-depth understanding of these laws.

Knowledge a lawyer will have include:

• Federal Regulations: Agencies like the FMCSA establish strict guidelines for the trucking industry. Lawyers analyze whether violations of these regulations contributed to the accident and use these findings to build their case.
• State-Specific Laws: State laws may dictate the processes for filing claims, assessing comparative negligence, or pursuing damages. Truck accident lawyers understand these nuances and tailor their strategies accordingly.
• Strategic Negotiations: Lawyers for truck accidents use their knowledge to negotiate with trucking companies and insurers, countering attempts to downplay liability or reduce compensation. They understand the legal intricacies and precedents that they can leverage to secure favorable outcomes.
• Litigation Readiness: Truck accident lawyers are prepared to represent their clients in court if negotiations fail. Their experience in presenting evidence, cross-examining witnesses, and addressing legal challenges is invaluable in high-stakes trials.

Truck accident lawyers ensure victims have the strongest representation by combining legal expertise with strategic thinking.

Unique Challenges of Truck Accident Cases

Truck accident cases are not like typical car accident cases — they present unique challenges that require the specialized skills of a truck accident lawyer.

Multiple Liable Parties

One of the primary challenges in truck accident cases is the number of parties potentially liable for the crash.

Parties that could be involved include:

• Truck drivers
• Trucking companies
• Cargo loaders and shippers
• Truck manufacturers
• Maintenance providers

Truck Drivers

While truck drivers are typically the most apparent responsible party, liability is not always straightforward.

Proving negligence requires examining:

• Driver Logs and Records: A lawyer for truck accidents will subpoena logs of the driver’s driving hours to verify if they were operating beyond their legal limits.
• Substance Abuse Testing: A lawyer may request drug and alcohol testing results to determine if impairment played a role in the crash.
• Training and Qualifications: Lawyers will investigate whether the driver had the proper qualifications or if the company neglected to ensure adequate training.

Trucking Companies

The trucking company is often liable for accidents involving their drivers.

The employer could be responsible for:

• Negligent Hiring Practices: If the trucking company failed to vet the driver properly — by hiring someone with a history of violations or inadequate training — they may be held accountable.
• Pressure To Violate Safety Regulations: Trucking companies pushing their drivers to meet unrealistic deadlines or exceed HOS limits are often liable for accidents caused by fatigue or other safety violations.
• Failure To Enforce Policies: Even if the company’s policies are sound, failure to enforce them can make them just as liable.

Cargo Loaders and Shippers

Cargo loaders affect the safety of the truck.

Improperly loading a cargo can lead to dangerous accidents, such as:

• Cargo Shifting or Spilling: Improperly loaded cargo can shift during transportation, causing the truck to lose balance and tip over.
• Overloaded Trucks: Overloading the truck can affect its braking and handling, which increases the risk of accidents.
• Hazardous Materials: Proper handling and loading are critical to prevent spills, leaks, or explosions of dangerous materials.

Truck Manufacturers

Truck manufacturers may also be liable, mainly when the accident results from defective equipment or failure to meet safety standards.

Key issues include:

• Defective Parts: If a truck’s braking system, tires, or other essential equipment failed due to a manufacturer’s defect, the manufacturer may be liable for the accident.
• Design Flaws: Lawyers will investigate if design flaws contributed to the accident, making the manufacturer partially responsible.

Maintenance Providers

Regular maintenance and inspections are critical for commercial trucks.

What an attorney for truck accident claims will review includes:

• Maintenance Logs: They can subpoena maintenance records to check for gaps in maintenance or overdue repairs that could have led to the accident.
• Mechanical Failures: They will examine whether the trucking company or maintenance provider performed poor truck maintenance or failed to repair critical systems on time.

A lawyer for truck accident cases will thoroughly investigate all parties involved to ensure that everyone who shares in the liability is held accountable.

Need for Specialized Legal Knowledge

Specialized regulations at the federal and state levels govern truck accidents.

Experienced truck accident lawyers cover every legal angle, especially when complex rules come into play.

Hours-of-Service (HOS) Regulations

Federal regulations limit how many hours a truck driver can operate without rest.

For instance:

• Drivers must take a 30-minute rest break after eight hours of driving.
• They cannot drive more than 11 hours in a 14-hour window.

HOS regulations prevent driver fatigue, one of the leading causes of truck crashes.

A truck wreck lawyer will review HOS logs to determine if the driver was tired at the time of the crash.

Vehicle Maintenance and Inspection Standards

A truck accident lawyer will assess whether liable parties followed the maintenance schedules set by the FMCSA and other regulatory bodies.

They check for:

• Inspection Standards: Federal law requires trucking companies to inspect their vehicles regularly and correct any safety issues.
• Defective Equipment: Federal regulations also govern the equipment used on commercial trucks.

Lawyers will investigate if any equipment was defective or if regulatory standards were not met.

Cargo Loading Guidelines

Improper cargo handling is another major factor in truck accidents.

FMCSA and state regulations specify how cargo should be loaded, secured, and balanced to ensure the driver’s and others’ safety on the road.

A truck accident lawyer can investigate whether these regulations were violated, especially when dangerous or hazardous materials are involved.

State-Specific Rules

Beyond federal laws, each state has its own set of regulations governing truck accidents.

These rules can influence liability assessment, damage calculation, and even statutes of limitations.

A lawyer familiar with state-specific laws will ensure that victims comply with all local regulations and do not miss crucial deadlines or make procedural errors.

Services a Truck Accident Lawyer Provides

Truck accident cases are inherently complex, and the legal process can be overwhelming for victims.

An experienced truck accident lawyer offers several essential services to ensure that clients receive the compensation they deserve.

Negotiating with Insurance Companies

Dealing with insurance companies after a truck accident can be intimidating.

Insurers, driven by profit motives, often aim to settle for the lowest possible amount, leaving victims with inadequate compensation to cover their losses.

A lawyer for truck accident claims serves as a buffer between the client and the insurer, handling all communications, paperwork, and negotiations.

How they manage these challenges includes:

• Ensuring that victims don’t fall for quick settlements and lowball offers
• Protecting client interests by informing them of their rights and options
• Dealing with multiple insurance policies from various involved parties

Calculating the Value of a Claim

Truck accident cases often involve complex calculations.

A lawyer ensures that every damage is accounted for, preventing the undervaluation of the claim.

Claims to calculate include:

• Medical expenses
• Lost wages and earning capacity
• Pain and suffering
• Property damage

Medical Expenses

Medical expenses are one of the most significant aspects of a truck accident claim.

These can include:

• Immediate Treatment Costs: Emergency room visits, surgeries, hospital stays, and medications
• Long-Term Care: Lasting rehabilitation, physical therapy, or home health care

An experienced lawyer works with medical professionals to assess future care needs and includes them in the claim to ensure that all present and future medical expenses are covered.

Lost Wages and Earning Capacity

Victims of truck accidents often miss work due to their injuries.

A lawyer calculates lost wages by reviewing:

• Actual Lost Income: Compensation for the time missed from work due to recovery or hospitalization.
• Future Earning Capacity: How the injury, particularly if a permanent disability, might affect the victim’s ability to earn money in the future

A lawyer accurately calculates past and future lost wages to compensate the victim’s economic losses fully.

Pain and Suffering

Pain and suffering are intangible losses that can be difficult to quantify but are essential to any truck accident claim.

These include:

• Physical Pain: The discomfort and suffering associated with the physical injuries
• Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD), and loss of enjoyment of life
• Loss of Companionship: For spouses, including the loss of intimacy and companionship due to the victim’s injuries

A truck accident lawyer works with medical professionals and mental health experts to accurately calculate the value of these non-economic damages.

Property Damage

Truck accidents often cause significant damage to the victim’s vehicle, and a lawyer can help recover compensation for property damage.

Compensation can include:

• Vehicle Repair or Replacement: The cost to repair or replace the vehicle involved in the accident
• Other Property Losses: Personal items like electronics or luggage damaged in the crash

A lawyer ensures that property damage is fully accounted for in the total claim amount, working with experts to provide accurate assessments of repair or replacement costs.

Negotiating Settlements

Negotiation is often the most crucial part of a truck accident case, as it determines whether the victim can secure fair compensation without going to court.

Negotiation includes:

• Negotiating With Insurance Companies: Truck accident lawyers are skilled negotiators who understand the strategies employed by insurance companies to reduce payout amounts. They use their legal expertise and knowledge of the case to present compelling arguments for higher compensation.
• Maximizing Settlement Offers: A lawyer aims to secure the highest possible settlement for their client without a lengthy trial. They ensure that the settlement includes compensation for all types of damages. If an insurer’s offer falls short, the lawyer will reject it and take the case to court.

Litigation Support

When settlement negotiations fail or when the insurance company refuses to offer a fair settlement, a truck accident lawyer will prepare for litigation.

Going to court adds an extra layer of complexity, but a lawyer’s expertise in trial procedures increases the likelihood of success.

Litigation can include:

• Trial Preparation: The process is exhaustive. A lawyer gathers all necessary evidence to present a compelling case, including witness testimonies, physical evidence, medical records, and expert opinions.
• Presenting the Case in Court: The lawyer will cross-examine opposing witnesses, challenge contradictory evidence, and use expert testimony to build a case that clearly shows the truck driver’s or trucking company’s negligence. The lawyer’s goal is to convince the judge or jury of the merits of the case, ensuring that the victim is awarded fair compensation.
• Appeals Process: If a case results in an unfavorable verdict, a truck accident lawyer will assist in the appeals process. This step involves reviewing the trial’s legal issues and determining if any mistakes were made that would justify overturning or modifying the judgment.

A truck accident lawyer ensures that their client’s rights are protected throughout the litigation process.

The Peace of Mind a Lawyer Brings

Being involved in a truck accident can be physically, emotionally, and financially devastating.

Hiring a truck accident lawyer can bring peace of mind during an otherwise difficult time.

Ways a lawyer can help include:

• Protecting Clients’ Interests: They aggressively fight for fair compensation, ensuring insurance companies or large corporations do not exploit their clients.
• Providing Emotional Support: They offer guidance and reassurance, helping victims navigate the emotional challenges of a truck accident claim.
• Relieving Legal and Administrative Burdens: They handle all legal and administrative tasks efficiently, allowing clients to focus on recovery.
• Offering Personalized Legal Guidance: They tailor strategies to each client’s unique circumstances, ensuring the best possible outcome.
• Focusing on Justice: They seek justice for their clients, holding negligent parties accountable for their actions.

Speak With an Experienced Lawyer Today

Pursuing a truck accident claim without professional legal help is challenging and can result in inadequate compensation.

Hiring a skilled truck wreck lawyer ensures comprehensive support every step of the way.

TorHoerman Law specializes in handling complex truck accident cases.

We offer compassionate representation and expert legal guidance.

Contact us for a free consultation.

You can also use the chatbot on this page to instantly see if you qualify for a truck accident lawsuit.