A truck accident lawyer is a lawyer who investigates the collision, preserves evidence, identifies potentially responsible parties, calculates losses, negotiates with insurers and files a lawsuit when needed. This guide covers 7 main ways a lawyer can help.
A truck accident claim may involve a commercial driver, trucking company, vehicle owner, maintenance contractor, cargo loader, manufacturer and several insurance policies. That makes these claims more involved than many ordinary car accident claims.
What Can a Truck Accident Lawyer Do for You?
| Lawyer's role | Why it matters |
|---|---|
| Investigate the crash | Important evidence may be lost, overwritten or repaired |
| Identify liable parties | The driver may not be the only responsible party |
| Review trucking records | Logs, dispatch records, maintenance files and inspection reports may reveal violations |
| Prove fault and causation | Evidence must connect the driver's or company's conduct to the collision |
| Calculate damages | A serious crash can create long-term medical and financial losses |
| Handle insurers | A lawyer can manage communications and respond to low settlement offers |
| File and pursue a lawsuit | Litigation may be necessary when liability or damages are disputed |
1. A Lawyer Can Preserve Important Evidence
Truck accident evidence can disappear quickly. A truck accident lawyer may send preservation notices to the trucking company, vehicle owner and other parties, notifying them that relevant records must be retained.
Potential evidence includes:
- Electronic logging device records
- Dashcam, traffic-camera and surveillance video
- Vehicle event data recorder information
- Driver phone and dispatch records
- Inspection and maintenance records
- Driver qualification and training files
- Cargo loading and securement records
- Drug and alcohol testing records
- Photographs, vehicle damage and accident-scene evidence
- Witness statements and police reports
An electronic logging device, or ELD, synchronizes with a commercial vehicle's engine. It records information such as driving time, location, engine hours, vehicle miles and driver or carrier identification.
An ELD is not necessarily a complete crash recorder. The Federal Motor Carrier Safety Administration states that ELDs are not required to capture speed, braking or steering data.
A truck accident lawyer can also examine whether the trucking company maintained the vehicle properly. Federal regulations require motor carriers to systematically inspect, repair and maintain vehicles under their control and keep inspection, repair and maintenance records.
2. A Lawyer Can Identify Every Potentially Responsible Party
A truck accident lawyer does not assume that the driver is the only person or company responsible for a crash.
Depending on the facts and applicable law, a claim may involve:
- The trucking company
- A vehicle owner or leasing company
- A shipping company or freight broker
- A cargo loader
- A maintenance or repair contractor
- A truck or component manufacturer
- Another negligent driver
- A government entity responsible for roadway conditions
The lawyer may review employment records, contracts, maintenance responsibilities, cargo records and insurance coverage before deciding whom to pursue.
The Federal Motor Carrier Safety Administration's SAFER system can help identify a carrier by company name, USDOT number or Motor Carrier number. SAFER records may include carrier identification, inspection information, crash data and safety information.
3. A Lawyer Can Investigate Trucking-Rule Violations
Commercial trucking companies and drivers must follow rules involving driver qualifications, hours of service, vehicle maintenance, inspections and cargo safety.
A truck accident lawyer may compare the truck driver's records with:
- The delivery schedule
- Dispatch instructions
- GPS and telematics data
- Fuel and toll records
- Rest breaks
- Prior inspection results
- Maintenance history
- Company safety policies
- The driver's qualification and disciplinary records
This review may show that a company pressured a driver to continue driving while fatigued, failed to repair a known defect or hired a driver who did not meet applicable qualification requirements.
A regulatory violation does not automatically prove every element of a personal injury claim. The lawyer must still connect the violation to the collision and the resulting injuries or losses.
4. A Lawyer Can Prove How the Crash Happened
Truck crashes often involve disputed facts. The trucking company or its insurer may argue that:
- The truck driver was not at fault
- The passenger vehicle caused the crash
- The injuries were pre-existing
- The truck had no mechanical defect
- The driver's actions were unavoidable
- The injured person failed to mitigate damages
A truck accident lawyer may work with accident reconstruction specialists, engineers, medical professionals and vocational experts.
The evidence may show:
- The truck's speed and braking
- The vehicle's position before impact
- Whether the driver had enough time to stop
- Whether a tire, brake or steering defect contributed
- Whether cargo shifted or fell
- Whether fatigue or distraction affected the driver
- Whether the impact caused the claimed injuries
5. A Lawyer Can Deal With Trucking Insurers
Commercial trucking insurers often begin investigating soon after a crash. Their representatives may contact you, request a recorded statement or offer a settlement before the full extent of your injuries is known.
A truck accident lawyer can:
- Communicate with the insurer
- Review liability and medical records
- Respond to settlement demands
- Challenge allegations of comparative fault
- Account for medical liens and insurance reimbursement claims
- Evaluate future medical care and lost earning capacity
- Advise whether an offer is reasonable
- Prepare the case for litigation if negotiations fail
Do not sign a settlement release until you understand which claims you are giving up. A release may prevent you from seeking additional compensation for future treatment or complications.
6. A Lawyer Can Calculate the Full Value of Your Losses
A settlement should account for more than current medical bills.
Depending on state law and the evidence, recoverable damages may include:
- Emergency treatment and hospitalization
- Surgery, rehabilitation and prescription medication
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Permanent disability
- Scarring or disfigurement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Home modifications or personal assistance
- Wrongful-death damages for eligible family members
A truck accident lawyer can organize medical records and bills, obtain opinions about future treatment and document how the injury affects work and daily activities.
7. A Lawyer Can File a Lawsuit and Manage Litigation
If the insurer refuses to make a fair offer, a truck accident lawyer can file a civil lawsuit and manage the case through litigation.
That may involve:
- Filing the complaint
- Serving the defendants
- Requesting trucking and insurance records
- Taking depositions
- Questioning the driver, company representatives and witnesses
- Hiring expert witnesses
- Responding to motions
- Participating in mediation
- Preparing for trial
Filing a lawsuit does not mean the case will necessarily go to trial. Many cases resolve through negotiation or mediation. Preparing the evidence properly can put you in a stronger position during settlement discussions.
When Should You Hire a Truck Accident Lawyer?
You should strongly consider speaking with a truck accident lawyer when the crash caused:
- Serious or permanent injuries
- A death
- Hospitalization or surgery
- Significant property damage
- Disputed fault
- Multiple vehicles
- A commercial vehicle or tractor-trailer
- A potential mechanical failure
- A settlement offer from a trucking company or insurer
- Lost income or a reduced ability to work
A lawyer may be less necessary for a minor property-damage claim where fault is clear and no injury is involved. A consultation can still help you understand your options.
What Should You Do After a Truck Crash?
If you are physically able to do so:
- Seek medical attention and follow the treatment plan.
- Report the collision to law enforcement.
- Photograph the vehicles, road, signs, injuries and visible cargo.
- Record the truck's company name, USDOT number, license plate and trailer number.
- Collect witness names and contact information.
- Keep medical bills, wage records and receipts.
- Notify your own insurer, but avoid speculating about fault.
- Do not post crash details or injury updates on social media.
- Do not sign a release or accept a final settlement before legal review.
- Contact a lawyer promptly because filing deadlines vary by state and may be shorter for claims involving government entities.
How Much Does a Truck Accident Lawyer Cost?
Many personal injury lawyers use contingency fees. Under a contingency arrangement, the lawyer receives a percentage of the recovery instead of charging an hourly fee.
The written fee agreement should explain the percentage, litigation expenses and responsibility for costs if the case is unsuccessful. The American Bar Association explains that contingency agreements should disclose how the fee is calculated and which expenses are deducted from the recovery.
Ask these questions before hiring a lawyer:
- What percentage applies if the case settles before filing?
- Does the percentage increase if the case goes to trial?
- Who pays expert, filing and investigation costs?
- Are expenses deducted before or after the legal fee?
- Will the lawyer personally handle the case?
- Has the firm handled commercial truck accident claims before?
Bottom Line
Get legal advice before signing a release or allowing important evidence to go unpreserved. A lawyer can explain how the facts, filing deadlines and fee agreement affect your options.
This article provides general information, not legal advice for a specific collision.