A truck accident claim is often more complicated than a car accident claim. If you were injured in a collision with a tractor-trailer, commercial truck, delivery vehicle, or another large commercial vehicle, speak with a truck accident lawyer before accepting an insurance settlement or giving a recorded statement.
For many covered commercial drivers, electronic logging device records must be retained for six months. Acting early can help protect those records and other evidence.
Truck Accident Lawyer at a Glance
| Question | Answer |
|---|---|
| When should you contact a lawyer? | As soon as possible after receiving medical care, particularly if you suffered serious injuries, lost income, or the truck driver or company disputes fault. |
| What does a truck accident lawyer investigate? | Driver conduct, hours-of-service records, electronic logging device data, maintenance, cargo loading, company policies, vehicle inspections, and insurance coverage. |
| How much does a lawyer cost? | Many personal injury lawyers use contingency fees. The percentage, case expenses, and payment terms should be explained in a written agreement. |
| Can you still have a claim if you were partly at fault? | Possibly. The effect of shared fault depends on the law of the state where the crash occurred. |
| How long do you have to file? | The deadline varies by state, claim type, and defendant. Do not assume you have several years to act. |
When Should You Hire a Truck Accident Lawyer?
You should contact a truck accident lawyer promptly if the collision caused:
- A serious or permanent injury
- A fatality
- Hospitalization or surgery
- Major property damage
- Lost wages or reduced earning capacity
- A disputed police report or liability determination
- Contact from the trucking company, its insurer, or a claims adjuster
- A possible commercial driver violation
- A crash involving hazardous materials
- A hit-and-run or an unidentified trucking company
Legal representation can also matter when the trucking company has investigators or attorneys at the crash scene. Evidence may include vehicle data, driver logs, dash-camera footage, surveillance video, maintenance records, witness statements, and cargo documents.
Why Are Truck Accident Claims More Complicated Than Car Accident Claims?
Truck accident claims can involve the driver, trucking company, vehicle owner, leasing company, maintenance contractor, cargo loader, shipper, broker, equipment manufacturer, or another party.
A truck accident lawyer examines how these parties interacted and whether their conduct contributed to the collision.
Commercial trucking investigations may also involve federal safety records. The Federal Motor Carrier Safety Administration requires electronic logging devices for many commercial drivers who must maintain records of duty status. Motor carriers generally must retain those records for six months.
Because those records may be overwritten or lost, a lawyer can send preservation letters to the trucking company and other parties. The letters request that relevant records remain available while the claim is investigated.
What Evidence Does a Truck Accident Lawyer Collect?
A truck accident lawyer may seek:
- Police crash reports and photographs
- Accident reconstruction evidence
- Truck and trailer inspection records
- Electronic logging device and hours-of-service data
- Dash-camera and onboard computer data
- Driver qualification and training records
- Drug and alcohol testing records, where legally available
- Cellphone and dispatch records
- Maintenance and repair histories
- Cargo weight, loading, and securement records
- Black-box or event data recorder information
- GPS and telematics data
- Company safety policies
- Prior inspection and crash information
- Medical records and medical bills
- Wage, tax, and employment records
- Expert opinions about the crash and future damages
The FMCSA's SAFER system provides public carrier information, including a company's identification, inspection history, crash information, and safety rating when available. A lawyer can use that information as one part of the investigation.
Who May Be Liable for a Truck Accident?
Several parties may be liable for a truck accident, depending on the evidence and the law that applies to the claim.
The Truck Driver
A driver may be liable for speeding, distraction, impairment, unsafe lane changes, fatigue, following too closely, or failing to respond appropriately to traffic conditions.
The Trucking Company
A motor carrier may face liability for negligent hiring, inadequate training, unsafe scheduling, poor supervision, or allowing a driver or vehicle to operate despite known safety problems.
A Maintenance Company
A defective brake, tire, steering system, lighting system, or coupling component may point to negligent inspection, repair, or maintenance.
A Cargo Loader or Shipper
Improperly loaded or unsecured cargo can shift, fall from the vehicle, affect handling, or contribute to a rollover.
A Truck or Parts Manufacturer
A design or manufacturing defect may create a product liability claim in addition to negligence claims.
A lawyer must evaluate the evidence before deciding which parties should be included in an insurance claim or lawsuit.
What Should You Do After a Truck Accident?
After a truck accident, focus first on medical care, documentation, and protecting evidence.
- Call 911 and get medical care. Some serious injuries become more apparent hours or days after a collision.
- Report the crash. Request the report number and obtain a copy when it becomes available.
- Photograph the scene and vehicles if your medical condition permits.
- Collect witness information. Record the trucking company's name, USDOT number, license plate, and trailer information.
- Notify your own insurer promptly as required by your policy.
- Avoid discussing fault on social media.
- Do not give a recorded statement to the trucking company's insurer before receiving legal advice.
- Do not sign a release or accept a settlement check until you understand the settlement's full value and consequences.
- Keep medical, wage, repair, and travel records.
- Contact a truck accident lawyer quickly so relevant evidence can be preserved.
Do not try to investigate the trucking company by contacting its employees or demanding records. A lawyer can make formal preservation requests and seek evidence through the legal process when necessary.
How Much Does a Truck Accident Lawyer Cost?
Truck accident lawyers commonly handle injury cases through contingency-fee agreements. Under this arrangement, the lawyer receives a percentage of a settlement or judgment instead of charging an hourly fee. The percentage, litigation expenses, and responsibility for costs should appear in a written agreement.
Before hiring a lawyer, ask:
- What percentage applies if the case settles before a lawsuit?
- Does the percentage increase if the case goes to trial or appeal?
- Are expenses deducted before or after the lawyer's fee is calculated?
- Who pays expert witnesses, filing fees, records fees, and accident reconstruction costs?
- Will you owe expenses if the case does not recover money?
- What happens if you change lawyers?
- Will medical liens or insurance reimbursements reduce your final payment?
A contingency arrangement does not mean every expense is free. The written fee agreement should explain the financial terms.
How Long Do You Have to File a Truck Accident Claim?
The filing deadline depends on the state, the type of claim, the identity of the defendant, and whether a government entity is involved. A statute of limitations can bar a claim after the applicable period expires, and the period varies by jurisdiction and claim type.
Special notice deadlines may apply to claims involving a city, county, state agency, public vehicle, or government employee. Evidence can also disappear before a lawsuit is filed, so waiting until the deadline approaches can weaken a case even when the claim is still timely.
How to Choose a Truck Accident Lawyer
Look for a lawyer who can explain the investigation and litigation process in specific terms. Relevant experience may include:
- Commercial truck and tractor-trailer collisions
- Federal motor carrier safety rules
- Accident reconstruction and trucking experts
- Claims involving multiple liable parties
- Serious injury or wrongful death cases
- Disputes with trucking companies and their insurers
- Clear written contingency-fee agreements
- Case risks and possible defenses
- The financial resources needed to pursue a commercial trucking claim
Focus on whether the lawyer has the experience and resources to preserve trucking evidence, prove liability, and value long-term injuries.
What Should You Bring to the Initial Consultation?
Bring or provide:
- The crash report or report number
- Photographs and videos
- Insurance information
- Medical records and bills
- A list of healthcare providers
- Employer and wage information
- Names and contact information for witnesses
- Insurance letters, settlement offers, or recorded-statement requests
- The trucking company's name and vehicle information
- A written timeline of what happened
If you do not have all of these documents, contact a lawyer anyway. Do not delay a consultation because paperwork is incomplete.
Bottom Line
A truck accident lawyer can help when a crash involves serious injury, disputed fault, lost income, commercial insurance, or evidence held by a trucking company. Early legal advice can protect the claim while the facts, medical effects, and available evidence are still being evaluated.
This article provides general information for the United States and is not legal advice. Truck accident deadlines and liability rules vary by state. A lawyer licensed in the relevant jurisdiction can evaluate the facts of a specific case.