A truck accident can change your life in a matter of seconds. A collision involving an 18-wheeler, semi-truck, tractor-trailer, or other commercial vehicle can cause serious injuries, expensive medical treatment, lost income, and long-term financial problems.
If you or someone you love has been injured in a truck accident, one of the most important decisions you may face is whether to speak with a truck accident lawyer.
Truck accident cases can be more complicated than ordinary car accident claims because several parties may potentially be involved. Depending on the circumstances, responsibility may involve the truck driver, trucking company, vehicle owner, maintenance company, cargo loader, manufacturer, or an insurance company.
Understanding what to do after a crash can help you protect important evidence and make better decisions about your potential claim.
What Is a Truck Accident Lawyer?
A truck accident lawyer is a personal injury attorney who handles cases involving commercial trucks and other large vehicles.
These attorneys may investigate the crash, identify potentially responsible parties, gather evidence, communicate with insurance companies, calculate damages, negotiate settlements, and, when necessary, represent an injured person in court.
Commercial trucking cases can involve federal and state regulations in addition to ordinary traffic laws. The Federal Motor Carrier Safety Administration (FMCSA), for example, maintains safety-related information about motor carriers, including crash and inspection records.
Because of this additional layer of regulation and documentation, a truck accident claim may require a more detailed investigation than a typical vehicle collision.
Why Truck Accident Claims Can Be Complicated
A typical two-car accident may involve two drivers and their insurance companies. A commercial truck crash can involve a much larger chain of responsibility.
Potentially relevant parties may include:
- The truck driver
- The trucking company
- The owner of the tractor or trailer
- A leasing company
- A cargo loading company
- A vehicle or parts manufacturer
- A maintenance provider
- Another driver
- An insurance company
For example, imagine a truck loses control because its brakes were not properly maintained. The driver may not be the only person whose actions need to be investigated.
Similarly, if cargo was improperly loaded and shifted during transportation, investigators may need to examine who loaded the cargo and whether proper procedures were followed.
That is why determining liability should not always be based solely on who was behind the steering wheel.
What Should You Do Immediately After a Truck Accident?
Your health should come first after a crash. If emergency medical care is necessary, seek it immediately.
Once you are in a safe position, several steps can help preserve information about the accident.
1. Get Medical Attention
Some injuries may not become obvious immediately after a collision. Adrenaline and shock can temporarily hide symptoms.
A medical evaluation can help identify injuries and create documentation of your treatment.
Do not ignore symptoms simply because you initially feel okay.
2. Report the Accident
Contact the appropriate law enforcement agency and make sure the accident is properly reported.
A police accident report can become an important piece of evidence when the circumstances of the crash are later investigated.
3. Take Photographs and Videos
If your condition and surroundings make it safe to do so, photograph:
- Vehicle damage
- The truck and trailer
- Road conditions
- Traffic signs
- Skid marks
- Debris
- Visible injuries
- Weather conditions
- The surrounding area
Videos can also preserve details that may disappear after the vehicles are removed.
4. Collect Witness Information
If people witnessed the collision, obtain their names and contact information when possible.
Independent witnesses may provide useful information about what happened before the impact.
5. Avoid Making Statements About Fault
After a serious accident, emotions can be high. Avoid making unnecessary statements about who caused the crash.
Even a casual statement can sometimes be misunderstood when the accident is later investigated.
6. Preserve Important Documents
Keep copies of:
- Medical bills
- Medical records
- Prescription expenses
- Repair estimates
- Insurance correspondence
- Lost-income documentation
- Police reports
- Photographs
- Videos
- Contact information for witnesses
A lawyer can use these materials when evaluating the potential value and strength of a claim.
What Evidence Can a Truck Accident Attorney Investigate?
Evidence is one of the most important parts of a commercial truck accident case.
A thorough investigation may examine evidence such as:
Driver Records
Depending on the circumstances, investigators may look at the driver’s qualifications, driving history, inspection history, and other relevant records.
FMCSA’s Pre-Employment Screening Program can contain a commercial driver’s most recent five years of crash data and three years of roadside inspection data.
Truck Inspection Records
The condition of the truck may be critical to determining what happened.
Investigators may examine maintenance records, inspection documentation, repair history, and mechanical problems.
Electronic Records
Commercial vehicles may generate electronic information that can help establish what happened before a crash.
Depending on the vehicle and circumstances, relevant information may include speed, braking activity, hours-of-service information, or other operational data.
Company Records
A trucking company may have records relating to:
- Driver hiring
- Training
- Vehicle maintenance
- Safety procedures
- Accident history
- Inspections
- Cargo loading
- Dispatch information
FMCSA guidance also requires certain motor carriers to maintain an accident register for qualifying crashes for three years.
Photographs and Video
Dashcam footage, traffic cameras, surveillance footage, photographs, and smartphone videos can sometimes provide powerful evidence.
FMCSA’s crash-preventability program specifically recognizes photographs, videos, police accident reports, and court documents as potentially useful supporting documentation in qualifying reviews.
Who Can Be Held Responsible for a Truck Accident?
Liability depends on the facts of each case.
Truck Driver
A driver may potentially be responsible if the evidence shows negligent behavior such as distracted driving, speeding, unsafe maneuvers, or other violations.
Trucking Company
A trucking company may potentially share responsibility depending on the driver’s employment relationship, company policies, supervision, maintenance practices, or other circumstances.
Maintenance Company
If improper maintenance contributed to a mechanical failure, a maintenance provider may need to be investigated.
Cargo Loader
Improperly loaded or secured cargo can create dangerous conditions. If cargo shifts or falls from a commercial vehicle, the loading process may become an important part of the investigation.
Vehicle or Parts Manufacturer
In some cases, a defective component may contribute to a crash.
A qualified attorney can review the available evidence to determine which parties may have legal responsibility.
How Much Is a Truck Accident Claim Worth?
There is no universal settlement amount for truck accident cases.
The potential value of a claim depends on factors such as:
- Severity of injuries
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Long-term disability
- Evidence of liability
- Available insurance coverage
- Applicable state law
A minor injury claim and a permanent-disability claim can have dramatically different financial consequences.
For that reason, it is risky to rely on online settlement calculators as an exact prediction of what an individual case is worth.
What Damages May Be Available?
Depending on applicable law and the circumstances of the case, an injured person may potentially seek compensation for different categories of losses.
Medical Expenses
This may include emergency treatment, hospital bills, surgery, medication, rehabilitation, physical therapy, and future medical care.
Lost Income
If an injury prevents you from working, lost wages may become part of the claim.
Reduced Earning Capacity
A serious injury may affect your ability to perform the same job or earn the same income in the future.
Property Damage
Damage to a vehicle and other qualifying personal property may also be considered.
Pain and Suffering
Some personal injury laws allow compensation for physical pain and emotional suffering.
The exact categories and rules vary by jurisdiction.
Why Insurance Companies May Investigate Quickly
After a major truck accident, insurance companies may begin investigating the collision quickly.
Commercial trucking policies can involve significant amounts of insurance coverage, which can make these claims financially important to the parties involved.
An insurer may request statements, records, photographs, and other information while determining how it will handle a claim.
This does not automatically mean the insurance company is acting improperly. However, an injured person should understand that the insurer’s financial interests may not be identical to the injured person’s interests.
Before accepting a settlement, it can be helpful to understand the full extent of your injuries, future expenses, available coverage, and legal rights.
Should You Accept the Insurance Company’s First Settlement Offer?
Not necessarily.
An early settlement offer may be based on information available to the insurer at that time. If medical treatment is ongoing, the full impact of an injury may not yet be known.
Before accepting a settlement, consider whether you understand:
- Your current medical expenses
- Potential future treatment
- Lost income
- Future earning limitations
- The extent of your injuries
- Available insurance coverage
- Applicable deadlines
- Whether the settlement would resolve your entire claim
Once a settlement agreement is signed, it may significantly limit your ability to pursue additional compensation.
For a serious truck accident, discussing the offer with a qualified personal injury attorney before signing anything can help you understand your options.
When Should You Contact a Truck Accident Attorney?
You do not necessarily need an attorney for every minor traffic accident.
However, legal advice may be especially valuable when:
- You suffered serious injuries
- A death occurred
- The truck driver may have violated safety rules
- Multiple vehicles were involved
- The trucking company disputes responsibility
- An insurance company denies your claim
- Your injuries may affect your ability to work
- The accident involved a commercial carrier
- There is significant property damage
- The cause of the accident is unclear
The sooner an attorney becomes involved, the sooner they can advise you about preserving evidence and communicating with other parties.
What Questions Should You Ask a Truck Accident Lawyer?
Before hiring an attorney, consider asking:
Have you handled commercial truck accident cases before?
Truck accident litigation can involve issues that are different from ordinary automobile accidents.
Who will actually handle my case?
Ask whether the attorney personally handles the case or whether other lawyers and staff will be responsible for most communication.
How do your legal fees work?
Many personal injury lawyers use contingency-fee arrangements, but the exact agreement varies. Ask about attorney fees, case expenses, and what happens if the case is unsuccessful.
What evidence will you investigate?
A strong investigation may involve accident reports, photographs, vehicle records, driver information, company records, medical documentation, and other evidence.
What are the major risks in my case?
A good attorney should be willing to explain weaknesses as well as strengths.
How to Find the Right Truck Accident Lawyer
Do not choose an attorney based solely on advertising.
Look for an attorney or law firm with experience handling cases similar to yours.
You can compare:
- Experience with commercial truck accidents
- Litigation experience
- Client communication
- Reputation
- Fee structure
- Case strategy
- Understanding of trucking regulations
You should also verify that the lawyer is licensed to practice in the state where your legal matter will be handled.
What Makes Truck Accident Cases Different From Car Accident Cases?
The biggest difference is often the number of potential parties, records, and regulations involved.
A commercial truck may be operated by a driver working for a carrier, owned by another company, maintained by a third party, and insured under a commercial policy.
There can also be extensive safety and operational records.
FMCSA maintains safety information through systems such as SAFER, DataQs, and the Safety Measurement System. Publicly available company information can include crash data, inspections, and safety-related information.
This additional information can become important when determining how an accident happened and who may be responsible.
Common Mistakes to Avoid After a Truck Accident
Posting About the Accident Online
Avoid posting detailed statements or photographs about your accident or injuries on social media.
Ignoring Medical Treatment
If a doctor recommends follow-up treatment, do not simply ignore it without discussing your situation with your healthcare provider.
Destroying Evidence
Keep photographs, documents, damaged personal property, and other potentially relevant evidence.
Speaking Too Much With Insurance Adjusters
You can cooperate with legitimate claims processes while still being careful about statements concerning fault, injuries, and the value of your claim.
Waiting Too Long
Every state has its own rules regarding deadlines for personal injury lawsuits and related claims. Waiting too long can jeopardize legal rights.
Frequently Asked Questions
How much does a truck accident lawyer cost?
Many personal injury attorneys work under contingency-fee arrangements, meaning the attorney’s fee is generally tied to the recovery obtained. The exact terms vary by lawyer and jurisdiction, so ask for the fee agreement in writing before hiring an attorney.
Can I sue a trucking company after an accident?
Possibly. Whether a trucking company can be held responsible depends on the facts, the driver’s relationship with the company, applicable law, and evidence establishing liability.
What if the truck driver was at fault?
Driver fault can be an important part of a claim, but the investigation should determine whether other parties may also share responsibility.
How long does a truck accident case take?
There is no standard timeline. Some claims settle relatively quickly, while serious cases involving disputed liability, extensive injuries, multiple parties, or litigation can take much longer.
What if the trucking company’s insurance company contacts me?
Be careful about making statements concerning fault or the full extent of your injuries. You may want to speak with a truck accident attorney before making important decisions about your claim.
Can I still recover compensation if I was partly responsible?
Possibly. Rules concerning comparative or contributory fault vary by state, so the effect of your own percentage of responsibility depends on the law applicable to your case.
Final Thoughts
A serious truck accident is more than a damaged vehicle. It can affect your health, career, family, and financial future.
Because commercial truck accidents can involve multiple parties, extensive records, insurance issues, and federal or state regulations, identifying the responsible party may require a careful investigation.
If you have suffered serious injuries in a truck accident, consider documenting the accident, following appropriate medical advice, preserving evidence, and learning about your legal options before accepting a settlement.
A truck accident lawyer or commercial truck accident attorney can review the circumstances of your crash and explain what legal options may be available in your state.
The most important thing is not to assume that the first explanation of an accident tells the whole story. A careful investigation can reveal evidence that may otherwise be overlooked.