The Role of a Lawyer in Truck Accident Claims

Standing next to one of those giant 18-wheelers on the side of the road is quite frightening, right?

You are not alone.

Truck accidents are among the most catastrophic types of vehicle collisions on our roads. In fact, in the United States, there have been 5,078 fatalities in 2023 alone due to large truck crashes.

But here’s the deal …

In the event that you are involved in a truck accident, you deal with an entirely different ball game than any other standard car accident. The legal procedures and insurance claims following a truck accident can be exceedingly complex. The last thing you should be worried about while you recover is figuring out the legalities of your case.

That is exactly where truck accident lawyer services come in.

Table of Contents

• Why Truck Accident Cases Are Different
• What Does A Truck Accident Lawyer Do?
• The Investigation Process
• When To Hire A Lawyer

Why Truck Accident Cases Are Different

Truck accident claims are not your run-of-the-mill “fender bender” case.

Here’s why: Commercial trucking is regulated by the federal government. They have numerous parties involved and often carry insurance policies in the millions of dollars. In addition, you will likely be going up against a corporate business with tons of resources at their disposal.

Simply put…

The average car accident may only involve two drivers and two insurance companies. But a truck accident claim can involve the truck driver, the trucking company, the truck owner, the cargo company, and more insurance carriers.

It is a legal nightmare that will take an experienced attorney who is intimately familiar with the details of these cases. A New York City truck accident lawyer knows the complexities and can navigate the federal Motor Carrier Safety Administration regulations that govern the trucking industry.

The average cost for fatal truck crashes is estimated to be $5.79 million on average. Injury cases are a close second. The sheer dollar amount on the line here makes it essential that you have proper legal representation.

What Does A Truck Accident Lawyer Do?

Wondering exactly what a truck accident lawyer does in all of this?

Trust me, it is much more than filing legal paperwork. Truck accident lawyer services provide an advocate, investigator, negotiator, and strategist to work with you throughout your entire claim.

Here’s what they do:

• Investigating the scene of the accident and gathering evidence
• Reviewing electronic logging device (ELD) data and driver logs
• Analyzing maintenance records and inspection reports
• Identifying all liable parties
• Calculating your full damages including future costs
• Negotiating with insurance companies
• Representing you in court

The investigation part alone is an enormous task. Unlike your standard car accident, a truck accident case involves “black box” data, electronic logging device (ELD) data, hours-of-service logs, GPS tracking information, etc. Your lawyer knows how to obtain these records while they are still available.

Don’t forget about the medical component either…

A good truck accident lawyer will work with medical experts to document and calculate your injuries, future medical needs, and related costs. This is crucial because truck accident injuries are often far more severe and catastrophic compared to other vehicle accidents. We are talking spinal cord injuries, traumatic brain injuries, and life-altering disabilities.

The Investigation Process

Curious to know what the secret sauce is in these types of cases?

Investigation is key.

Evidence disappears. Witnesses forget. Trucking companies are required to keep certain records only for a short period. If you do not act quickly, evidence can vanish.

That is why a truck accident lawyer will take immediate action. They will send preservation letters out to all parties involved immediately after your crash. These letters demand the trucking company, driver, and any other party preserve all evidence.

This includes:

• Electronic control module (ECM) data
• Driver logs and time records
• Drug and alcohol test results
• Maintenance and inspection records
• Driver training files
• Company safety policies

Your lawyer will also investigate the scene of the accident itself. This can involve photographing skid marks, road conditions, property damage, etc. If possible, your lawyer will interview witnesses before their memory fades.

Your lawyer may even hire an accident reconstruction expert to determine exactly what happened. These experts use physics and engineering to create a detailed recreation of the crash, which becomes powerful evidence.

Dealing With Insurance Companies

Fun fact, most people do not know this, but…

Insurance companies are not on your side. Not even a little bit. Even when they seem friendly or nice at first, their job is to pay you as little as possible on your claim.

Trucking companies carry hefty insurance policies for a reason. Sometimes these policies have coverage limits of $1 million or more. But accessing this money is another thing altogether.

Insurance adjusters use every tactic under the book:

• Calling you early on to get you to say something they can use against you later
• Offering lowball settlements before you know the full extent of your injuries
• Claiming you were partially at fault
• Dragging out the process, hoping you get desperate
• Contesting your medical treatments

Without a lawyer on your side, you have little chance of fighting back. You don’t know the real value of your case. You could unknowingly sign your rights away.

Truck accident lawyers speak the insurance companies’ language. They understand the tactics used and how to counter them. They know how to value a claim properly, including medical bills, lost wages, and future expenses.

Better yet …

Insurance companies take cases more seriously when lawyers are involved. They know they cannot use their usual tricks anymore.

When To Hire A Lawyer

Wondering when to actually hire a truck accident lawyer?

The answer is simple: As soon as humanly possible after your accident.

Do not wait until you start feeling better or the insurance company makes an offer. By then, it may be too late to preserve important evidence.

Look at the numbers – in one single year, there have been 86,842 injuries from truck crashes in the United States. These are not simple scrapes and bruises. These are severe, complex cases that take months, if not years, to completely treat.

You should definitely have a lawyer if:

• You suffered serious injuries requiring hospitalization
• The accident caused permanent disability
• There are disputed facts about who was at fault
• Multiple vehicles were involved
• The trucking company is blaming you for the accident
• The insurance company has denied your claim
• Your medical expenses exceed $10,000

The good news is that most truck accident lawyers work on contingency fees. This means you do not pay anything unless they win your case. They take a percentage of your settlement or court award, typically 33-40%. But they only get paid if they succeed in securing you compensation.

This is a fee arrangement that means everyone with a legitimate case can afford to have access to top legal representation. You are not risking your hard-earned savings to fight for what you deserve.

Wrapping It Up

Truck accident lawyer services are not simply helpful, but often absolutely necessary to recover the compensation you deserve. Truck accident cases involve complex federal regulations and statutes, multiple liable parties, and aggressive insurance companies.

Attempting to “go it alone” leaves you at an enormous disadvantage. You are in the middle of recovering from potentially serious, life-altering injuries and surgeries. You are trying to learn all of the complicated legal procedures and negotiate with experienced insurance adjusters. This is simply not a situation that the average person should put themselves in.

A truck accident lawyer levels the playing field. They investigate your case and find all available sources of compensation. They will negotiate aggressively on your behalf and take your case to trial if necessary. An experienced truck accident lawyer knows the true value of your case and will not let an insurance company lowball you.

The trucking industry is highly regulated by the federal government for a reason – these large vehicles cause horrific injuries and damage when accidents occur. Your truck accident lawyer knows and understands these regulations like the back of their hand.

If you have been involved in a truck accident, don’t wait any longer. Evidence disappears. Deadlines pass. The longer you wait, the less likely you are to recover the compensation to which you are entitled.

Protect yourself and your family. Contact the truck accident lawyer services you need to fight for the justice you deserve.