Why You Should Hire a Truck Accident Attorney

Commercial truck accidents may not only take a physical toll due to the damage caused by such a large, heavy vehicle, but they can also create financial and legal headaches for the other driver or the pedestrian affected. If you’ve been involved in a truck accident, hiring a legal professional may be the best solution. A truck accident attorney will work on your behalf to get your deserved compensation, working to help you get back on your feet and in the driver’s seat.

Learn more about hiring a commercial truck accident attorney, including what they do, the benefits they offer, and how to find the best one for your specific situation.

What does a truck accident lawyer do?

A truck accident lawyer helps people who have been in accidents involving commercial trucks, like semi-trucks, box trucks, work trucks, or other large shipping trucks. Here are their essential job duties:

• Provide a neutral, experienced viewpoint.
• Conduct a thorough, independent investigation of the incident. 
• Collect evidence and determine liability. 
• Effectively calculate damages, including personal injury, damage to property, pain and suffering, or emotional distress.
• Negotiate with insurance companies on your behalf. 
• Fight for full and fair compensation.
• Provide legal representation if your truck accident case goes to court.

Benefits of working with a truck accident attorney

Similar to other car accident attorneys, truck accident attorneys serve as your professional and legal advocates in dealing with insurance companies and finding fault. But what sets them apart is that they specialize in navigating the complexities of accidents with these large commercial vehicles.

Providing legal expertise in truck cases

Truck accident cases are different from car accident cases. Personal injury lawyers, especially those from a truck accident law firm, will be well-versed in the Federal Motor Carrier Safety Administration (FMCSA) regulations and other laws governing the trucking industry. 

For instance, a semi truck accident attorney understands that truck drivers have a 14-hour consecutive driving time limit and must undergo random drug and alcohol testing. They’ll also know that carriers and truck owners are required to conduct regular vehicle inspections and make necessary repairs to ensure safety. Accidents caused by poor truck maintenance, for example, can often mean a straightforward personal injury claim.

These are a few examples of FMCSA regulations that truck accident lawyers will use to determine liability. Attorneys will assess all documentation, like driver log books, drug and alcohol tests, and inspections. 

The personal injury lawyer you hire will also be knowledgeable in any state laws and regulations for commercial trucks, as limitations on weight or truck size may change from state to state. Additionally, if your truck accident case goes to trial, your lawyer will represent you and fight for a successful outcome.

Investigating the incident

Sites of truck accidents are typically initially investigated by legal authorities, transportation organizations, and insurance company representatives. Although these steps are necessary, your truck accident lawyer will also conduct an independent investigation to help you build your case. Their role at this stage is to provide a neutral and fair perspective of the accident. 

During their investigation, a truck accident lawyer will: 

• Check the police report.
• Take pictures of the accident scene.
• Request access to and watch traffic camera footage.
• Gather witness statements to gain a holistic, detailed account.
• Comb through driver and truck carrier documentation and records.
• Use the help of outside experts to substantiate information, such as an accident site expert who can examine the truck, including its black box.

Finding fault

Your lawyer will use all of the items from their investigation in order to find fault and build your claim, as this is a key element in recovering damages. The nature of the trucking industry means that there are multiple parties potentially at fault. So, who may be liable in a truck accident? 

An accident attorney will investigate the truck driver, the trucking company (also known as a carrier), parts manufacturers, any companies that contribute to the design and build of the truck, and, of course, drivers of any other vehicles involved in the accident.

If, after their investigation is complete, you are found at fault for part of the accident, that doesn’t mean you can’t collect damages. Most states have comparative negligence laws, meaning that drivers at fault can still seek compensation. Contributory negligence states disqualify any driver at fault from seeking compensation after an accident. 

Your lawyer will help you determine who or what company is liable and how to move forward with maximizing compensation.

Maximizing compensation

Truck accidents can have many short- and long-term impacts on the individuals involved. The best truck accident attorneys will be able to determine what damages should be recovered and what you are owed. For example, they will fight for compensation for any and all economic and non-economic damages, understanding when to negotiate a higher settlement. 

While there is no set standard for settlement amounts, as every situation is unique, truck accident lawyers can often win higher settlement amounts than self-represented clients due to their experience with and understanding of the legal landscape.

Handling insurance companies

Most commercial trucks are required to be insured, often upward of $1 million, to cover personal injury or other damage in the event of an accident. Truck insurance companies are often trained to minimize payouts, so skilled commercial truck accident attorneys will not only serve as your liaison with these companies but also negotiate aggressively on your behalf to maximize compensation.

Truck accident lawyers help ensure you receive fair compensation

Calculating a claim for damages can be complicated. After all, truck accidents can cause extensive property damage and personal injury, and there may be many tangible and intangible effects of a crash. Truck accident lawyers have the experience and expertise to calculate the amount of compensation you can lawfully recover after your accident.

What financial compensation can I receive after a truck accident? 

There are two types of damages that can be claimed: 

• Economic: These are direct financial damages, such as lost wages due to the inability to work, loss of earning capacity (perhaps due to a mental or physical injury), medical expenses, and the costs of repairing or replacing your car.
• Non-economic: Some impacts of an accident are not necessarily financial, but they often deserve compensation. These may include permanent scarring and disfigurement, pain and suffering, and mental anguish.

A lawyer can provide an accurate estimate of economic damages and help you quantify non-economic damages to ensure that you receive fair compensation. 

What’s the average truck accident settlement amount? 

Truck accident settlement amounts depend on the extent of the damage. Every truck accident claim is different, so the amount of compensation varies. That being said, settlement amounts can range anywhere from a thousand dollars to well over $1 million.

Can you win a truck accident lawsuit without a lawyer?

There are many complexities of being involved in a truck accident, from determining who is financially liable to understanding if any safety standards may have been breached before or during the incident. While you can represent yourself in a truck accident lawsuit, the process can be quite complex and challenging for those without experience in this area.

If you decide to move forward with a claim without legal help, you’ll need to identify the responsible party (or parties) and support it with evidence, determine the extent of damages and calculate if any will incur long-term costs, negotiate with insurance companies, write a demand letter, and review and negotiate settlement offers—all on your own. 

This sounds like a lot—and it is—which is why seeking legal assistance is highly recommended. An experienced truck accident lawyer can advocate on your behalf and get the compensation you deserve.

If, after an accident, you’re unsure if you need to hire an attorney, connect and consult with a personal injury lawyer through LegalZoom to see if this is a legal service your situation could benefit from.

How to find the best truck accident lawyer

If you or your loved one was involved in an accident, finding the best truck accident attorney can make all the difference in the outcome of your claim. Here are some top features to look for in an accident attorney.

• They specialize in truck accidents. Truck accidents are more complex than car accidents due to the nature of the commercial trucking industry and insurance companies involved, so it’s important that your attorney is well-versed in and has a proven record of legal representation for these incidents.
• They have high success rates. Attorneys often list success rates on their website, but you can also find information on case results by searching their name on your state’s bar website. Additionally, many lawyers offer free consultations, which are good opportunities for learning more about the types of claims they have represented.
• They have a good reputation. Don’t just read the testimonials on the lawyer’s website; take a look at independent review sites, too, for a well-rounded perspective.

There are a few different options for how to choose the right lawyer.

Ask for recommendations

If you know of anyone who has been involved in a truck accident, reach out to them for a recommendation. For example, a family member, friend, or colleague may have hired a big rig accident lawyer—or know of someone else who has—and can provide insights into their claim and how the lawyer improved the outcome.

Contact your local bar association

Local bar associations typically have referral services, where you can input information about your situation and receive a list of qualified attorneys in your area. Searching for an experienced truck accident attorney in your community is beneficial because they will understand the relevant local and state laws and regulations. Learn more about the difference between an attorney vs. a lawyer.

Search LegalZoom’s online directory

One of the simplest ways to find experienced truck accident lawyers is by using LegalZoom’s online directory. If you or your loved one have experienced personal injury due to a truck accident, search for personal injury attorneys in LegalZoom’s network to help you navigate the claim process and understand if you are qualified for compensation.

It can be emotionally and physically distressing to be involved in a truck accident, but having the best truck accident attorney by your side can make seeking legal action a smoother process. Getting the legal support you need is key.

FAQs

How long do I have to file a claim after a truck accident?

If you want to file a claim after a truck accident, you typically have two to three years to do so. The statute of limitations for personal injury and property damage varies by state, but most require filing a legal claim within a two- to three-year time frame from the date of the accident. 

How much does a truck accident attorney cost?

Truck accident attorney costs depend on the contingency fee the attorney charges as well as any additional costs incurred during the investigation of the claim. Most accident attorneys use a contingency fee agreement, meaning that clients don’t pay upfront; instead, the attorney charges a percentage of the settlement they win for the client, which can range from 25% to 40%. 

Who can be held liable for a truck accident?

There are several parties who may be held liable for a truck accident, including the truck driver, the truck carrier, parts manufacturers and any companies that contribute to the design and build of the truck, and the driver of the vehicle involved. 

Can I still recover compensation if I was partially at fault for the accident?

Yes, depending on the state in which you live, you can still recover compensation if you were partially at fault for the accident. Most states have comparative negligence laws, meaning that drivers found at fault can still seek compensation. However, if you live in a contributory negligence state, including Alabama, Virginia, Maryland, North Carolina, and Washington, D.C., and you are found at fault for a truck accident, you will may be disqualified from seeking compensation.

Should I accept a settlement offer for a truck accident?

Before you accept a settlement offer for a truck accident, consult with a lawyer who specializes in truck accidents. They can help you understand if more compensation for damages should be negotiated.