What Does a Truck Accident Lawyer Do? [2025 Guide]

The Role of a Truck Accident Lawyer

A truck accident lawyer is a personal injury attorney specializing in cases involving commercial trucks and large freight vehicles, such as 18-wheelers, tankers, and semi-trucks.

The Federal Motor Carrier Safety Administration (FMCSA) counted 10,715,697 single-unit trucks (straight trucks) and 3,143,484 combination trucks (tractor-trailers) registered in the country in 2021.

With such a staggering number, truck accidents are unfortunately all too common.

The Insurance Institute for Highway Safety (IIHS) recorded 4,764 fatalities in crashes involving large trucks in 2022 alone.

When a truck accident occurs, the consequences are often devastating for those involved.

Truck accident attorneys are equipped with a deep understanding of the trucking industry, including the laws, regulations, and nuances that differentiate truck accidents from standard car accidents.

Their expertise extends to understanding the dynamics of truck operations, liability issues, and the severe consequences that often follow such accidents.

Key Considerations of Truck Accident Cases

Compared to general personal injury lawyers, truck accident attorneys are uniquely equipped to handle the challenges of these types of cases.

Key features that set truck accident cases apart from other personal injury claims include:

• Weight and Size of Commercial Trucks: These vehicles can weigh up to 80,000 pounds, significantly outmatching the average passenger car. The sheer weight disparity results in devastating impacts, often causing life-altering injuries or fatalities.
• Multiple Liable Parties: Determining responsibility in a truck accident can involve numerous stakeholders, including the truck driver, trucking company, cargo loaders, and manufacturers of truck components.
• Federal and State Regulations: Federal and state laws, such as those enforced by the FMCSA, impose stringent requirements on commercial trucking operations. These include hours-of-service (HOS) rules to prevent driver fatigue, vehicle maintenance mandates, and cargo loading guidelines.

Truck accident lawyers must possess the technical knowledge and legal acumen to uncover violations of these laws and build strong cases that address all angles of liability.

Truck accident claims are inherently more complex than typical car accident cases, making the expertise of these specialized lawyers indispensable.

Services Provided by a Truck Accident Lawyer

Experienced truck accident lawyers offer specialized legal services designed to build a strong case, advocate for their clients, and maximize compensation.

Investigation and Accident Scene Analysis

The cornerstone of any truck accident case is a thorough investigation.

Lawyers utilize their expertise to uncover critical details.

On-Site Investigation

• They visit the accident scene to document skid marks, vehicle damage, debris patterns, and road conditions. These details can reveal vital insights into how the accident occurred.
• They collaborate with accident reconstruction experts, who use physics and engineering principles to recreate the sequence of events leading to the crash.

Evidence Collection

• They analyze surveillance or dashcam videos that might have captured the accident.
• They gather firsthand accounts from witnesses and bystanders to build a well-rounded picture of the incident.

Truck crash lawyers construct a compelling narrative of negligence or wrongdoing by meticulously analyzing every element of the accident scene.

Gathering and Preserving Evidence

Truck accident cases often hinge on the availability of unique and time-sensitive evidence, which requires immediate legal intervention.

Critical pieces of evidence include:

• Black Box Data: Commercial trucks often have electronic control modules (ECMs) or “black boxes.” These devices store critical data, such as the speed at the time of the crash, braking patterns, and driver inputs like steering and throttle control.
• Driver Logs: Reviewing hours-of-service (HOS) logs helps determine whether the driver violated federal restrictions on maximum driving hours, contributing to fatigue-related errors.
• Maintenance and Inspection Records: Examining maintenance logs can establish if the truck was in safe operational condition. Faulty brakes, worn tires, or neglected repairs can implicate the trucking company or maintenance provider in negligence.
• Cargo Records: Analyzing loading and shipping documents to confirm whether the truck was overloaded or if the cargo was improperly secured, both of which can cause accidents.

Trucking companies may attempt to destroy or withhold these pieces of evidence.

Experienced lawyers file spoliation letters and court orders to prevent the loss of critical data.

Identifying Liable Parties

Truck accidents involve a complex web of potential defendants, and determining liability is one of the most challenging aspects of these cases.

A skilled truck accident lawyer evaluates every angle to identify the responsible parties, which may include:

• Truck Drivers: For reckless driving, fatigue, or impaired operation.
• Trucking Companies: For negligence in hiring unqualified drivers, failing to train them properly, or not maintaining vehicles.
• Cargo Loaders: If improperly loaded or unsecured cargo shifts and causes instability.
• Parts Manufacturers: In cases where defective components, such as brakes or tires, lead to mechanical failure.

By pursuing all liable parties, lawyers maximize the pool of compensation available to cover the victim’s damages.

Dealing With Insurance Companies

Commercial insurance companies often employ aggressive tactics to minimize their liability.

Skilled lawyers for truck accidents handle insurer tactics and act as a shield for victims by:

• Taking over all communications with insurers
• Ensuring that victims don’t unintentionally say anything that could harm their case

Experienced attorneys use the evidence they gather to push back against lowball offers, ensuring the client receives a fair settlement.

Attorneys also handle all negotiations, factoring in the client’s future medical needs and lost income.

Litigation Support and Court Representation

While many truck accident cases settle out of court, some require litigation.

Some preparations for trucking litigation that truck accident lawyers can assist with include:

• Comprehensive Evidence Dossiers: Detailed documentation that supports the client’s claim
• Expert Witness Testimony: Bringing in professionals such as medical experts, economists, or accident reconstruction specialists to strengthen the case
• Case Strategy: Constructing a strategic plan for litigation

Additionally, truck accident lawyers represent clients in court and argue on their behalf to achieve the best possible outcome.

They present compelling arguments, cross-examine witnesses, and leverage their trial experience to advocate for a favorable outcome.

Calculating the Value of a Truck Accident Claim

A truck accident lawyer’s most critical role is determining a claim’s value.

Unlike standard car accidents, truck accident claims often involve catastrophic injuries and complex damage calculations, which require a comprehensive evaluation of the victim’s financial, physical, and emotional toll.

Damages in a truck accident claim can include:

• Medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Punitive damages

Medical Expenses

Medical expenses are a truck accident claim’s first and most apparent costs.

Truck accidents often lead to severe injuries such as spinal cord damage, traumatic brain injuries, or multiple fractures.

Attorneys gather documentation to ensure all immediate medical costs are covered, including:

• Emergency services (ambulance rides and ER visits)
• Surgeries, hospital stays, and intensive care
• Prescription medications and medical devices (e.g., wheelchairs, prosthetics)

Lawyers also evaluate the need for ongoing treatment, including:

• Physical Therapy and Rehabilitation: Necessary for regaining mobility or coping with permanent impairments
• Specialized Care: Includes long-term nursing assistance or chronic pain management
• Future Surgeries: For injuries that worsen or require corrective procedures

Lost Wages and Diminished Earning Capacity

Truck accident victims may lose months or even years of wages while recovering.

Attorneys calculate:

• Past Wage Loss: Documenting time missed from work due to hospitalization or treatment
• Future Earnings: Factoring in the victim’s age, career trajectory, and whether injuries lead to permanent disability
• Reduced Earning Capacity: Estimating how the injuries limit the victim’s ability to perform their previous job or earn comparable wages in a new role

By working with financial experts, lawyers ensure these calculations accurately reflect the victim’s actual losses.

Pain and Suffering

Truck accident victims often endure long-term physical pain that disrupts daily life.

Aside from physical injuries, truck accidents can also cause profound emotional distress, including:

• Post-Traumatic Stress Disorder (PTSD)
• Depression and Anxiety
• Loss of Enjoyment of Life

Lawyers may involve mental health professionals to assess the psychological toll and calculate appropriate non-economic damages.

Punitive Damages

In some cases, the trucking company, truck driver, or another party displayed gross negligence, such as drunk driving, intentional hours-of-service violations, or reckless disregard for safety.

The lawyer for truck accident claims may pursue punitive damages.

These are intended to punish the wrongdoer and deter similar behavior in the future.

The Legal Process for a Truck Accident Case

Pursuing a truck accident claim involves multiple steps, requiring meticulous attention to detail and legal expertise.

An experienced attorney for truck accident cases handles every stage of the process professionally, allowing victims to focus on recovery while their case progresses.

Filing a Claim

The first step in pursuing a truck accident case is filing a legal claim against the responsible parties.

Truck accident lawyers identify all potential defendants, including the truck driver, the trucking company, and any other parties who may have contributed to the accident.

They prepare a formal complaint including:

• The circumstances of the accident
• The alleged negligence of the defendant(s)
• The specific damages being sought

Truck accident lawyers ensure claims are filed within the statute of limitations.

Missing these deadlines could result in the case being dismissed, so timely action is crucial.

Evidence Gathering and Discovery

After filing a claim, lawyers thoroughly investigate to build a compelling case.

Critical actions include:

• Visiting the accident scene and documenting skid marks, road conditions, and vehicle damage
• Gathering police reports, medical records, and eyewitness testimonies
• Securing time-sensitive evidence, such as black box data or dashcam footage, before it’s overwritten or destroyed

Next is the discovery phase, in which both parties exchange information and evidence relevant to the case.

This phase includes:

• Interrogatories: Written questions answered under oath by the defendant or other parties
• Depositions: Sworn statements from witnesses, drivers, company representatives, or experts
• Subpoenas: Requests for trucking company records, including driver logs, maintenance reports, and compliance with federal safety standards

Truck accident lawyers use this phase to uncover critical details that can establish liability and support the victim’s claims.

Negotiating With Insurers

Settlement negotiations are a pivotal stage of the legal process, as most truck accident cases are resolved without going to trial.

Truck accident lawyers handle these negotiations to secure maximum compensation for their clients.

Commercial trucking companies are often backed by powerful insurance providers.

These adjusters aim to minimize payouts by offering quick, lowball settlements and disputing liability or downplaying the severity of injuries.

An experienced truck accident lawyer protects the victim’s interests by countering these tactics with a well-supported claim.

Lawyers present a detailed calculation of damages to justify the settlement amount, including:

• Current and future medical expenses.
• Lost wages and diminished earning capacity.
• Pain and suffering, mental anguish, and loss of quality of life.

If negotiations stall, attorneys may recommend mediation or alternative dispute resolution (ADR), where a neutral third party helps facilitate a resolution.

This intervention can save time and expenses compared to litigation while achieving a fair outcome.

Litigation and Trial

If settlement negotiations fail, the case may proceed to trial.

This phase is often necessary in cases involving catastrophic injuries, disputed liability, or substantial damages.

Pre-Trial Preparation

Truck accident lawyers meticulously prepare for court by:

• Organizing evidence, such as accident reports, expert testimony, and visual aids like accident reconstructions
• Drafting legal arguments that align with applicable laws and precedents
• Preparing clients and witnesses to testify effectively in court

Presenting the Case

During the trial, attorneys represent the victim’s interests by:

• Delivering opening statements that outline the case
• Cross-examining defense witnesses to expose inconsistencies or negligence
• Presenting compelling evidence that highlights the extent of damages and the defendant’s responsibility

Jury Deliberation and Verdict

After both sides present their arguments, the jury deliberates and decides on liability and compensation.

An experienced truck accident lawyer ensures the persuasive presentation of the case, maximizing the chances of a favorable verdict.

If the jury finds in favor of the victim, they will award damages to cover losses.

Special Considerations in Truck Accident Cases

Truck accidents differ significantly from standard car accidents due to the unique complexities of the trucking industry and the regulatory environment governing commercial vehicles.

The trucking industry operates under strict federal regulations designed to ensure the safety of truck drivers and the general public.

The FMCSA establishes rules for the trucking industry, including hours of service (HOS) regulations, vehicle maintenance standards, and driver qualifications.

Violations of FMCSA regulations can serve as evidence of negligence in a truck accident case.

Beyond federal regulations, industry standards dictate how cargo should be loaded, secured, and distributed to prevent issues.

Standards include:

• Load Shifting: Poorly balanced cargo can shift during transit, causing the truck to tip or jackknife.
• Overloading: Exceeding weight limits can lead to tire blowouts, brake failure, or loss of control.
• Securing Cargo: Items that are not properly secured can become hazardous projectiles or destabilize the truck.

Experienced truck accident lawyers scrutinize maintenance logs, loading records, and safety audits to identify lapses that could have caused the crash.

Factors Unique to Trucking Accidents

Unlike car accidents, truck accidents often involve multiple layers of complexity that require specialized investigation and legal strategies.

Some of the most common and challenging factors include:

• Poorly Maintained Vehicles: Negligence in vehicle maintenance can lead to catastrophic accidents. Truck accident attorneys work to uncover inspection failures, maintenance records, and other evidence to hold responsible parties accountable.
• Improperly Loaded or Secured Cargo: Cargo-related issues are a leading cause of truck accidents, often resulting from violations of load securement rules and unbalanced loads. Truck accident lawyers collaborate with cargo experts to analyze loading procedures and identify errors that contributed to the accident.
• Driver Error, Fatigue, or Distraction: Truck drivers often face demanding schedules, leading to fatigue, distraction, or human error. Attorneys can subpoena driver logs, GPS data, and drug test results to build a case against tired or distracted drivers.

A reputable truck accident law firm will consider all of these factors when building a case and work tirelessly to hold all responsible parties accountable for their part in the accident.

Why Hiring an Experienced Truck Accident Lawyer Is Crucial

Truck accident attorneys help secure the best possible outcome in a trucking accident case.

Reasons to hire an experienced truck accident lawyer includes:

• Expertise in the Field: They bring invaluable knowledge and resources, ensuring that victims’ rights are protected.
• Peace of Mind and Advocacy: By hiring a dedicated attorney, victims can focus on their recovery while their lawyer handles the legal complexities.
• Timely Legal Help: Prompt action is critical for preserving evidence, meeting legal deadlines, and building a solid case.

Experienced truck accident lawyers can make a significant difference in the victim’s case.

TorHoerman Law: Truck Accident Attorneys

Truck accident lawyers are indispensable in helping victims navigate the aftermath of a truck crash.

From investigating the accident to negotiating with insurers and pursuing litigation, they are committed to ensuring justice and fair compensation.

At TorHoerman Law, our experienced truck accident lawyers are ready to help you through every step of the process.

If you or a loved one has been involved in a truck accident, we can provide the legal support and advocacy you need.

Contact us for a free consultation.

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