A crash involving a large commercial truck is very different from a typical car accident; it’s far more complex. Injuries are typically more severe, and the process of making a claim is also more complicated than a regular traffic accident. There may be many parties with a stake in such an incident, as well as multiple levels of insurance coverage.
If you or someone else was injured in a truck accident, the process of recovering from the injuries and obtaining financial compensation can be difficult. This is why it is essential to speak with an experienced personal injury law firm.
Goldman Daszkal & Stallone, P.A., has helped many clients pursue compensation for their injuries. The lawyers at the firm specialize in representing clients who were injured in truck accidents.
What Makes Commercial Truck Accidents Different from Other Crashes
Commercial truck wrecks differ in several important ways from the usual automobile accidents that most people are used to seeing. A loaded semi-truck could weigh 80,000 pounds, and if such a huge vehicle were to collide with another at highway speed, the damage would often be severe: spinal injury, traumatic brain injury, bone fractures, internal organ injuries, or, very frequently, death.
According to the Federal Motor Carrier Safety Administration, 5,837 large trucks were involved in deadly collisions in 2022 alone. These numbers represent fatalities, but many more thousands sustain severe injuries, suffer from debilitating disabilities, and face substantial monetary losses because of the accident.
Apart from the physical injuries that come with truck accidents, it’s important to understand that these cases come with added complexity when dealing with commercial truck wreck cases, which need to be handled with care:
- There are often many defendants involved in a truck collision: driver, trucking company, cargo loader, mechanic, parts manufacturer, etc.
- Federal and state trucking laws impose a variety of regulations on hours of service, weight limitations, required skills of drivers, truck maintenance, and more.
- Insurance policies covering commercial trucks usually have high coverage amounts, thus providing quick intervention from the insurance company through its lawyers and adjusters.
- Time-sensitive evidence could easily vanish in a matter of days after the accident, including information from electronic logging devices, videos from dashcams, or black boxes.
- Higher settlement amounts mean greater incentives to fight the claim aggressively by the trucking company.
These are some of the elements that make it crucial for anyone to hire a commercial truck wreck lawyer for a case.
Step 1: Taking on the Case and Starting the Investigation Immediately
From the instant that a truck accident lawyer becomes involved in a case, the clock begins ticking. It should be noted that, especially in commercial vehicle collision cases, evidence goes missing rapidly, and the trucking company’s legal team has likely already started building its defense by the time the plaintiff decides to hire his/her own attorney. An efficient truck accident lawyer gets down to business.
During the first few days after hiring the lawyer, an experienced lawyer will typically:
- Serve a spoliation notice on the trucking company, requiring them to preserve all pertinent documents such as driver’s logs, electronic on-board recorder data, dash camera video, GPS logs, and maintenance records.
- Retrieve the police report, statements of witnesses, and photos of the scene of the incident.
- Hire an accident reconstruction specialist if necessary for documenting physical evidence.
- Obtain the truck driver’s qualification file containing CDL information, drug test results, and other employment documentation.
The insurance company that represents the trucking company will be investigating the incident as well, looking for any way possible to avoid liability. Quick action taken by a lawyer is essential for balancing the odds against the plaintiff.
Step 2: Identifying Every Liable Party in the Trucking Accident Claim
A truck accident attorney will look at the bigger picture than the individual who is driving the vehicle. In most cases, the driver of the vehicle is usually only a part of the whole puzzle, while the best chance of recovering compensation often comes from holding the trucking company accountable.
The following are parties whose negligence might be involved in a commercial truck accident:
- Truck driver, for reasons such as drowsy driving, distractions, impaired driving, speeding, or disregard of traffic rules.
- Trucking companies, due to reasons such as negligent hiring practices, insufficient training, unreasonable scheduling that puts too much pressure on the drivers to exceed their allowable hours of service, or encouraging unsafe behavior.
- Maintenance contractor, in case there was a failure within the machinery, and the truck had not been properly maintained.
- The cargo loading company, if the improper securing or overloading of cargo had led to an accident.
- Vehicle manufacturer, when a problem with the vehicle, such as brake failure or tires falling off, has resulted in an accident.
Determining who is liable for the accident is essential in terms of the final result that can be achieved through legal proceedings. Failing to go after those other parties than the driver might result in missing out on better compensation.
Step 3: Navigating Federal Trucking Regulations and Building the Negligence Case
Trucking falls under some of the most highly regulated industries in the country, with rules regarding when drivers are allowed to be on the road, truck maintenance and inspections, driver qualifications, and cargo loading and securing, among others. Any violation of these regulations can serve as evidence of negligence on the part of the trucking company.
With experience handling truck accidents, a lawyer can use these laws and regulations to his or her advantage. That means:
- Looking over the driver’s hours-of-service logs to see if they were driving beyond legal limits when the accident happened, which happens frequently in commercial truck crashes.
- Investigating the maintenance records of the truck to identify any mechanical problems that the trucking firm had not corrected.
- Cross-referencing the driver’s electronic logging device with their recorded logs to check for any discrepancies.
- Checking with the Federal Motor Carrier Safety Administration (FMCSA) for prior safety concerns, violations, audits, or out-of-service orders filed against the trucking firm.
- Establishing any regulatory violations on the trucking company’s part that played a role in causing the accident, and showing how those violations were directly responsible for the injuries sustained.
Knowing this aspect of regulatory law is one of the primary reasons why truck accidents are handled differently from typical auto accident cases.
Step 4: Calculating the Full Scope of Damages
Insurance companies for trucking firms are highly skilled at minimizing payouts. One of the key responsibilities of an attorney representing truck accident victims is making sure that all elements of the clients’ financial losses are accounted for.
The damages in a serious truck accident case include:
- All current and future medical expenses, including hospitalization, surgeries, treatments, and rehabilitations, as well as any need for long-term nursing care.
- Lost earnings and future earning potential, especially due to injuries resulting in the inability to perform regular duties.
- Pain and suffering, as well as compensation for the emotional stress experienced by the victim.
- Damage to the vehicle and personal property lost during the accident.
- When there is a case of willful misconduct or negligent operation, punitive damages might be awarded as well.
Usually, lawyers have to work with medical experts, economists, and vocational specialists to build up the full picture of financial losses.
Step 5: Negotiating with Insurance Companies and Taking Cases to Trial
Most truck accident claims are settled out of court. However, negotiating settlements can be challenging because commercial trucking companies have substantial insurance coverage, and the insurance companies employ seasoned claims adjusters and defense lawyers who are tasked with minimizing payments. If not handled by competent legal counsel, many victims accept much less compensation than what they deserve.
A lawyer skilled in handling truck accident claims conducts a detailed examination of liability to:
- Establish fault beyond doubt
- Identify the parties at fault
- Document injuries and losses suffered
- Prove readiness to litigate the case to its conclusion
In cases where the insurance company fails to make reasonable offers, the experienced lawyer takes the case to court. The success of such actions lies in having a strong background in trying such cases. The defense is less likely to take risks when he knows that the other party’s lawyer is ready for trial.
The vast majority of truck accident lawyers work on a contingency basis. In this way, victims do not pay any money up front. Instead, the lawyer is paid a percentage of the amount awarded.
How to Find the Right Truck Accident Attorney for Your Case
Not all personal injury lawyers have the qualifications and resources required for handling commercial truck accidents. They need to have specialized skills in dealing with trucking accidents, the capability to engage with expert witnesses immediately, and the financial capacity to fight a protracted legal battle against a well-financed opponent.
Look for a lawyer with specific experience in trucking cases, not just general personal injury. Ask the lawyer to disclose the number of commercial truck accident cases they’ve handled and how the outcome was.
The ability to act quickly. Your lawyer should have the resources to send preservation letters, hire experts, and start building your case within days. An understanding of the contingency fee structure that does not require you to pay any upfront fees. Ask your lawyer for details on their cut from your settlement and how they handle expenses.
Evidence that they have handled similar cases before. Check your lawyer’s performance record by looking for cases like yours, especially cases that went to trial. Clear and honest communication regarding the strengths and weaknesses of your case and the probable outcome.
It pays to contact a lawyer immediately. You have only a limited amount of time to file a claim, which means the faster you get in touch with a lawyer, the better.
Get the Support You Need After a Commercial Truck Accident
The consequences of truck accidents can be far-reaching and can affect your life in ways beyond just the physical injuries.
Working with an experienced legal team makes it easier for you to understand all aspects of your case while allowing you to concentrate on recovering.
The skilled lawyers at Goldman Daszkal & Stallone, P.A., will investigate the accident to determine who was at fault and seek damages for the victims.
Getting professional legal help after experiencing a commercial truck accident can make a significant difference in how you move forward.
