Lawsuits following a trucking accident can be complicated. They involve many specific steps, overlapping injury claims, circumstantial evidence, and the reports of different parties including those of both drivers, police, paramedics, and more.
A trucking accident attorney that knows the ropes of the law can help you back up your case with the information you need. Finding a truck crash lawyer that you trust is essential to forming a successful defense if you are in an accident. Continue reading to learn more about how to choose the right commercial vehicle accident attorney as well as what you should do if you are in a trucking accident.
Table of Contents
- How Can a Trucking Accident Attorney Help?
- How to Find a Truck Accident Lawyer Near Me?
- What to Look for in a Good Truck Accident Lawyer?
- What to Do After a Truck Accident?
- What are the Leading Causes of Truck Accidents?
- How are Truck Accidents Different than Car Accidents?
- Common Injuries in Trucking Accidents
- Determining Liability in a Truck Accident
- How is Negligence Established in Truck Accidents?
- How is Compensation Determined after a Truck Accident?
- Average Settlement for Semi Truck Accidents
- Summary
How Can a Trucking Accident Attorney Help?
A trucking accident attorney can wield their experience and skills to help you get the settlement you deserve. Even the reputation of an attorney can impact the outcome of your case since a judge may be more likely to believe the claims of a more reputable lawyer.
Experience
Since trucking accident law is a specialty, an attorney’s experience can be instrumental in assembling the testimonies of diverse professionals to form a compelling case. These could include:
- Traffic engineers
- Accident experts
- Medical experts
- Financial experts
Skills
Commercial truck accident attorneys use their skills in negotiation to get their clients the settlements they deserve. Since the trucking company or insurance adjuster will try to do the opposite, a skilled lawyer is a valuable asset to you.
How to Find a Truck Accident Lawyer Near Me?
Finding a truck accident lawyer is not as difficult as it used to be. The internet is a valuable resource. Just type “truck crash lawyer,” “tractor trailer accident lawyer,” or “big rig accident attorneys” and see what comes up. Refine the results by looking closely at the firm’s reviews to find people with situations similar to yours who had positive experiences.
In addition, your friends and family may know of someone who can help from their own experiences. State legal boards also have lawyer directories posted online that can help you find an attorney near you by searching your state and the accident specialty.
What to Look for in a Good Truck Accident Lawyer?
As mentioned, the most important factors for choosing a good truck accident lawyer are their experience and skills. There are a few things you can do to find out whether a lawyer has them.
The most obvious is to check the reviews of people who have posted about their experiences with the firm. This will likely narrow down your choices right away. You can also use the lawyer’s history to your advantage. Search for their past cases to see how they performed to find someone who seems experienced in situations similar to yours.
We mentioned the importance of finding a lawyer experienced in making contact with relevant professionals in truck accident cases. A lawyer’s reputation is a significant aspect of your choice because it directly impacts the resources that they will have to use in your defense. The firm’s financial resources could also be considered.
While bigger firms are not always better, financial resources can make a difference in your lawyer’s ability to form an effective case.
What to Do After a Truck Accident?
The first thing to do after a truck accident is to call 911 so the police can report the accident. Make sure you get a copy of the police report, which will be a significant document in the file your attorney will start assembling for you.
Next, you need to gather evidence. Police reports include statements from witnesses and drivers, a visual diagram, and the reporting officer’s opinion about the conditions of the crash. However, you need to gather your own information. Important evidence includes:
- Photos or videos of the damage on both the vehicles, the road, relevant property damage, both license plates, and anything else impacted by the crash
- The other driver’s contact information, including their name, driver’s license ID, address, and phone number, as well as their insurance information and the name of the trucking company
- The contact information of witnesses, who may give a statement to the police and whose testimony could impact the case
- Evidence of any costs you accrue resulting from the accident, including medical tests and treatments, medications, work slips for time off due to injuries, and doctor’s notes
Finally, you need to make sure you follow the advice of police and medical authorities, including accepting medical care at the scene of the accident. Refusing medical care, failing to see an accredited emergency doctor, or being uncooperative with police can all hurt your ability to make a successful injury claim later.
What are the Leading Causes of Truck Accidents?
Trucks and other commercial vehicles are susceptible to deadly accidents due to the driver’s potential inexperience with operating the vehicle, low visibility, and the confusion of others on the road.
The car driver can cause an accident by not being aware of the truck driver’s needs in such a big vehicle, but many causes could be the fault of either driver. These include:
- Driving while distracted or fatigued
- Driving unsafely in the current weather conditions
- Driving drunk or under the influence of drugs
- Driving recklessly
In addition to these causes, others could be caused by the truck company’s negligence in maintaining the vehicles or their drivers (see below).
How are Truck Accidents Different than Car Accidents?
The presence of the truck company is one of the biggest differences between truck accidents and car accidents. This adds a third party to the case that could be liable for the accident or receive compensation for damages, depending on the situation.
Truck accidents can also be caused by the experience level of the drivers. For example, a truck could crash into a driver who follows a truck too closely, changes lanes too quickly, or passes them in their blind spot on the right.
In addition to being heavier than cars, trucks often carry dangerous cargo that can change the conditions of the accident.
Common Injuries in Trucking Accidents
Since trucks are larger and heavier than average cars, the injuries involved are often much more severe. Common injuries include:
- Back and neck injuries like dislocated discs
- Broken bones anywhere on the body
- Head injuries such as concussions, whiplash, or neurological issues
- Internal injuries such as bleeding and organ damage, rib cage damage, and spinal cord injuries
- Lacerations from the wreck, which can cut and scar
- Burn injuries, sometimes resulting from the truck’s hazardous or flammable cargo
- Seatbelt injuries such as whiplash or bruising
- Psychological trauma, including the wrongful death of a loved one
Remember that all injuries should be reported to an emergency care doctor so the insurance company is aware of them. Otherwise, they may try to claim later that your injuries were not sustained in the accident.
Determining Liability in a Truck Accident
In most car crashes, the fault of the accident depends on the situation. In a truck accident, driver liability is a more complex issue. Car drivers may not realize that normal actions such as changing lanes can cause an accident if a truck driver cannot see them.
Additionally, the trucking company may be liable for the crash even if it was not the truck driver’s fault. They could cause the crash indirectly in several ways, including:
- Failure to maintain their trucks
- Failure to train drivers in how to safely operate their vehicle
- Failure to schedule breaks for their drivers
Determining liability in an uncertain case is another reason an accident attorney can help you after a truck accident.
How is Negligence Established in Truck Accidents?
Establishing negligence in a trucking accident requires figuring out who is at fault for the conditions of the accident, which is not always straightforward.
For example, the accident may have been caused by the truck swerving or stopping, but the trucking company could have been negligent in maintaining the vehicle. Even if the driver fell asleep at the wheel, the company may have had them driving for too long without a scheduled break.
Driver distraction due to using a device, driving recklessly, or failing to observe the rules of the road can also be factors that establish negligence in a truck accident.
How is Compensation Determined after a Truck Accident?
Calculating compensation after a truck accident depends on the damages sustained. The first factor is the bodily injuries and the medical costs of treating them. Many victims of accidents will have lifelong medical needs resulting from their injuries, which should be taken into account by the adjusters.
Damage to the vehicles is another aspect of compensation. Insurance companies, the truck company, and even the manufacturer may be responsible for damages.
Lost wages also factor into compensation since many victims of truck accidents cannot go back to work right away. Some lose their positions permanently, which factors into their settlements.
Due to the many types of potential damages, accident victims need to gather the necessary evidence to successfully make their case, including records of all medical treatments, proof of lost wages, and receipts for any payment of damages.
Average Settlement for Semi Truck Accidents
Every truck accident is different. The settlement you receive varies widely based on the damages sustained and the negligence established.
While some cases can result in million-dollar settlements, the average settlement for truck accidents is around $15,000-$25,000. The average does not impact your case, however, which is determined only by the accident, the case built by your attorney, and the decision of the court.
Since trucks are so much larger than cars, the accidents they cause are often more destructive, making them more expensive to settle than a normal car crash. The involvement of the trucking company also influences the average settlement amount since their negligence, if proven, could result in even more damages.
Summary
The actions you take immediately following a truck accident can seriously impact your case. Trucking accident attorneys are readily available to help you avoid actions that could negatively impact your settlement, in addition to negotiating your case using their skills and experience.
Following an accident, make sure to follow the advice of legal and medical authorities, gather evidence, and take care of yourself and your passengers. Truck accidents are always serious, even when they do not appear to cause major damage.
A skilled attorney can use their experience and reputation to help you take the right steps following an accident. They can help you build a case using all the relevant reports from professionals in multiple industries as well as establish negligence and calculate your settlement.
Search your area for a reputable truck accident attorney to begin building your case so you can get the settlement you deserve.
Rocky Horton
Author
Rocky Horton is a health and safety expert from Chapel Hill, NC. He is the founder of AccidentAdvisor and has been featured in Forbes, Bloomberg, and other publications. Learn more.