Who Qualifies to File a Truck Accident Claim? [2024 Guide]

Are You Eligible To File a Truck Accident Lawsuit?

Depending on their involvement and the extent of their injuries or losses, various parties may be eligible to file a claim when a trucking accident occurs.

Parties include:

• Injured Drivers: Car drivers in an accident involving semi-trucks are the most common plaintiff in truck accident cases. These drivers often suffer injuries or damages caused by the truck driver’s negligence, mechanical failure, or poor maintenance of the truck.
• Passengers in Other Vehicles: Passengers injured in vehicles involved in the collision can file claims independently from the driver.
• Pedestrians and Cyclists: Pedestrians and cyclists hit by a truck may file a claim for injuries resulting from the collision.
• Family Members of Deceased Victims: Family members of individuals who died in a trucking accident can file a wrongful death claim.
• Truck Drivers: In rare cases where truck drivers themselves are injured due to another party’s negligence — such as faulty equipment supplied by their employer or another vehicle causing the accident — they may also have a claim.
• Bystanders and Property Owners: Bystanders who suffer physical injuries or property owners who experience damage due to a truck accident may also file a claim.

The common denominator among these parties is they all suffered financial and non-financial damages from a truck crash.

Key Considerations in Filing Truck Accident Claims

Qualifying for a truck accident case is only one part of the process.

Considerations when filing personal injury cases include:

• Proof of Liability: Establishing negligence or fault is critical, whether it’s due to driver error, employer misconduct, or a product defect.
• Time Limitations: Statutes of limitations vary by state, requiring timely action to preserve the right to compensation.
• Legal Representation: Given the complexity of trucking laws and regulations, working with an experienced truck accident lawyer is essential to maximize recovery.

Each claim is unique, so the circumstances surrounding the accident and the relationship to the injured or deceased party play a significant role in determining eligibility.

The Requirements for Filing a Claim

Filing a truck accident claim requires careful preparation and adherence to specific legal criteria.

Evidence is the most important piece of documentation to build a strong claim and maximize potential compensation.

Evidence of Negligence

Negligence refers to a party’s failure to exercise reasonable care, which directly causes harm to others.

Proving negligence entails proving the existence of certain elements:

• Duty of Care: Establish that the at-fault party (e.g. truck driver or trucking company) owed a duty of care to others on the road.
• Breach of Duty: Demonstrate that the party failed to uphold this duty through actions like reckless driving, improper truck maintenance, or ignoring safety regulations.
• Causation: Show that the breach of duty directly caused the accident.
• Damages: Provide proof that the accident resulted in actual injuries or losses.

Proof of Injury or Damages

The last element in proving negligence is the proof of injury or damages.

What you need to establish this element include:

• Medical Documentation: Obtain medical records detailing injuries sustained in the accident, treatments received, and ongoing healthcare needs.
• Economic Losses: Collect evidence of financial impacts, such as lost wages, medical bills, property damage, and diminished earning capacity.
• Non-Economic Damages: Document pain and suffering, emotional distress, or loss of quality of life.

In some cases, expert testimony (e.g. from medical professionals or accident reconstruction specialists) may strengthen claims for injury severity or accident causation.

Adherence to Statutes of Limitations

The statute of limitations is the legal deadline for filing a claim.

This legal deadline varies by state and case type (personal injury or wrongful death).

Most states allow around one to three years from the date of the accident to file.

In Missouri, the statute of limitations for truck accident cases is five years, while it’s two years in Illinois.

Filing outside the prescribed time frame results in forfeiting the right to compensation.

The Importance of Proper Documentation

Documenting an accident thoroughly is one of the most crucial steps in building a strong claim or defense, especially in truck accident cases with high stakes and multiple potential parties involved.

Documentation includes:

1. Establishes the Facts of the Accident: Detailed documentation helps establish a clear, factual account of what happened.
2. Strengthens Your Claim for Compensation: Documentation helps demonstrate the severity of the accident and its impact on the victim’s life.
3. Helps Determine Liability: Truck accidents often involve multiple parties, including the driver, the trucking company, cargo loaders, and possibly vehicle manufacturers. Thorough documentation helps determine who is responsible and how liability should be divided.
4. Supports Legal and Insurance Negotiations: Insurance companies often attempt to minimize payouts by questioning the accident’s severity or shifting blame. Having thorough documentation can help counter these tactics and present a stronger claim.
5. Provides Crucial Evidence for Litigation: If the case proceeds to court, the documentation you’ve gathered will be essential for proving your case.

Whether you’re dealing with insurance companies, negotiating a settlement, or pursuing litigation, the evidence you gather will play a key role in the outcome of your case.

The Most Common Defendants in Truck Accident Cases

Determining liability in truck accident cases can be complex because these accidents often involve multiple parties.

Understanding who may be at fault requires examining the roles and duties of all potentially involved entities and the specific circumstances of the accident.

Defendants can include:

• The truck driver
• The trucking company
• Cargo loaders or shippers
• Vehicle or part manufacturers
• Other drivers or third parties

The Truck Driver

Commercial truck drivers are obligated to operate their vehicles safely and comply with traffic laws and Federal Motor Carrier Safety Administration (FMCSA) regulations.

Truck drivers are mostly accused of distracted driving, DUI, and reckless speeding.

The Trucking Company

Truck companies must ensure their vehicles are properly maintained, their drivers are adequately trained, and their operations adhere to safety standards.

These entities could be at fault if they failed to screen drivers, hired inexperienced truck drivers, or overworked their drivers regularly.

Cargo Loaders or Shippers

Companies or individuals responsible for loading the truck must ensure the cargo is secure, balanced, and complies with weight limits.

Overloading the truck or unevenly distributing weight puts these workers at liability risk.

Failing to secure hazardous materials properly and ignoring federal cargo regulations about chemical spillage or instability are also grounds for liability.

Vehicle or Part Manufacturers

Manufacturers of trucks and their components must produce safe, defect-free products.

Cases involving defective products may follow strict liability rules, meaning the plaintiff does not need to prove negligence, only that the defect caused the accident.

Other Drivers or Third Parties

Drivers of other vehicles, pedestrians, or even construction crews may contribute to an accident through negligence.

If the third-party driver negligently cut off a truck or created a hazardous driving condition for the truck driver, they can be liable for the victim’s injuries.

Common Causes of Truck Accidents and Liability Assessment

Understanding the common causes of these accidents is key to determining liability.

Major causes of truck accidents can include:

• Driver error
• Poor vehicle maintenance
• Improperly loaded cargo
• Defective vehicle parts
• Dangerous driving conditions

Driver Error

Truck drivers are responsible for safely operating their vehicles, but errors such as distracted driving, fatigue, speeding, or impairment are leading causes of accidents.

Police reports, electronic logging device (ELD) data, and witness statements can demonstrate negligence.

Poor Vehicle Maintenance

Trucks require regular inspections and maintenance. Failing to repair or replace worn-out brakes, tires, or other components can lead to mechanical failures.

Maintenance records, inspection reports, and post-accident investigations into the truck’s condition are important documents to assess liability.

Improperly Loaded Cargo

Cargo must be secured appropriately and balanced. Overloading or improper weight distribution can make trucks harder to control and increase the risk of rollovers or jackknife accidents.

Shipping manifests, weight records, and expert analysis of loading procedures help determine if improperly loaded cargo is the culprit of the accident.

Defective Vehicle Parts

Defects in critical truck components, such as tires, brakes, or steering systems, can lead to catastrophic accidents.

Expert testimony, inspection results, and documentation of recalls or manufacturing defects reveal hidden defects in vital truck parts.

Dangerous Driving Conditions

Poor weather, slippery roads, or inadequate signage can also increase accident risks.

Two parties are often held accountable in accidents involving dangerous weather conditions: the truck driver and the local government entity.

Truck drivers should drive slowly and certainly during inclement weather, while local government units must maintain the road to avoid accidents.

Why You Need an Experienced Truck Accident Lawyer

Truck accident cases are more complex than your average car accident or personal injury claims.

A skilled truck accident lawyer provides the legal expertise to help you earn a fair settlement and obtain justice for the damages you sustained.

Reasons to hire an experienced truck accident lawyer includes:

• Thorough Investigation: Lawyers can access critical evidence that may be unavailable to victims, such as black box data, maintenance logs, and driver records. They can also employ accident reconstruction experts to pinpoint the exact cause.
• Identifying All Liable Parties: Truck accidents often involve multiple responsible parties, from drivers to manufacturers. Lawyers ensure all negligent parties are held accountable.
• Understanding Trucking Regulations: Trucking is heavily regulated by the FMCSA. Attorneys understand these laws and can identify violations that strengthen a claim.
• Negotiating with Insurers: Trucking companies and their insurance companies often employ aggressive tactics to minimize payouts. Experienced lawyers can counter these efforts and secure fair compensation.
• Maximizing Compensation: Lawyers ensure that victims receive damages for medical expenses, lost wages, pain and suffering, and other losses. An experienced truck accident lawyer will evaluate the extent of the damage you sustained and account for future losses and medical expenses to your compensation demands.

The claims process for trucking accidents can be complex due to the severe nature of the injuries, the involvement of multiple parties, and the need for substantial evidence.

Working with an experienced truck accident lawyer is essential to gather critical evidence and build a strong case against all negligent parties.

How Do Truck Accident Claims Work?

The claims process for trucking accidents can be challenging and often involves several stages, from filing the initial claim to potentially pursuing litigation if a fair settlement cannot be reached.

What you can expect in the process includes:

• Filing the claim
• Negotiating with insurance companies
• Pursuing litigation

Filing the Claim

The first step in seeking compensation after a trucking accident is to file a claim with the responsible party’s insurance company.

What you will need to file a claim includes:

• Accident Documentation: Gathering police reports, photographs of the accident scene, witness statements, and black box data from the truck is essential.
• Medical Records: Obtain medical records and bills from treatment providers to substantiate the injuries sustained in the accident.
• Proof of Damages: Includes repair estimates for damaged vehicles, receipts for out-of-pocket expenses, and evidence of lost wages due to inability to work.
• Identifying Responsible Parties: Trucking accidents often involve multiple potentially liable parties (e.g. driver, trucking company, cargo loaders). Determining liability is crucial to filing the claim with the appropriate insurance companies.
• Notifying Insurers: The victim or their attorney must notify the at-fault party’s insurance company of their intent to file a claim with an injury demand letter.

Negotiating With Insurance Companies

Once a claim is filed, the negotiation process begins.

Insurance adjusters will review the evidence and may either approve, deny, or propose a settlement.

Insurers will undeniably dispute the defendant’s liability in the accident.

They will also try to undervalue claims, particularly for non-economic damages like pain and suffering, or stall the process to pressure victims into accepting a lower settlement.

With an experienced truck accident attorney, you can avoid these issues.

Attorneys use expert opinions, medical evaluations, and financial projections to determine your claim’s full value.

If the initial offer is inadequate, your attorney may counter with a detailed breakdown of damages.

Pursuing Litigation

Litigation may be necessary if negotiations fail to result in a fair settlement.

This process involves filing a lawsuit against the at-fault parties and presenting the case in court.

The litigation structure can include:

• Filing the Lawsuit: The plaintiff files a legal complaint detailing the accident, the negligence of the defendants, and the compensation sought.
• Discovery Phase: Both sides gather evidence through depositions, document requests, and interrogatories. This phase is critical for uncovering additional information about the accident, such as internal trucking company policies or maintenance logs.
• Pre-Trial Negotiations: Many cases settle during this phase as parties weigh the risks of proceeding to trial.
• Trial: If no settlement is reached, the case goes to trial, where a judge or jury determines liability and awards compensation.
• Outcome & Appeals: The judge or jury will decide whether the plaintiff will receive compensation or not. If either party disagrees with the outcome, they may request an appeal.

Truck accident victims may be entitled to several types of compensation, depending on the severity of their injuries and the circumstances of the accident.

Types of compensation includes:

• Economic Damages: Current and future medical expenses, lost wages, property damage, and other damage with a financial equivalent.
• Non-Economic Damages: Mental pain and suffering, emotional distress, wrongful death, loss of companionship, and other subjective and non-physical damage.

Depending on the nature of the case, your attorney might also request punitive damages for your total compensation.

This type of compensation is only awarded in cases involving severe, fatal negligence.

TorHoerman Law: Talk to An Experienced Truck Accident Lawyer Today

Truck accident claims can be overwhelming and daunting for those unfamiliar with the legal process.

Truck accident attorneys can help victims through the legal process, taking care of all procedural work and negotiations so that victims can focus on what truly matters: their recovery and peace of mind.

If you’re searching for an experienced truck accident attorney to handle your case, reach out to TorHoerman Law today.

Contact us for a free consultation.

Use the chat feature on this page for a free case evaluation to find out if you qualify for a truck accident case instantly.