Frequently Asked Truck Accident Questions

Trucking cases are  different from car accidents based on higher incidence of severity and number of potential negligent parties. A truck accident lawyer investigates the crash, figures out who’s liable (driver, trucking company, maintenance shop, cargo loader), gets the truck’s black box data and driver logs before they’re erased, brings in accident reconstruction experts, and deals with the trucking company’s insurance team. These cases involve federal regulations that require specialized knowledge.

Significantly higher than car accident claims, because the injuries tend to be far more severe. Serious truck accident cases often settle in the six- and seven-figure range. What drives the number: how bad the injuries are, total medical costs, lost earning capacity, the degree of negligence on the trucking company’s part, and the insurance policies in play.

Call 911. Get medical attention even if you feel all right. If you can, photograph the scene, the truck’s license plate, DOT number, and damage to all vehicles. Get witness contact information. Do not give a recorded statement to the trucking company’s insurance adjuster. Call a truck accident attorney as soon as possible. Trucking companies move fast to protect their interests, and you should, too.

Liability often extends well beyond the driver. The trucking company, vehicle owner, cargo loading company, truck or parts manufacturer, and maintenance providers can all share responsibility. Trucking companies can be held vicariously liable for their drivers’ negligence. Federal Motor Carrier Safety Regulations impose specific duties on carriers covering driver qualifications, hours of service, maintenance, and cargo loading.

In a truck accident, there are multiple potentially liable parties, rather than just two drivers. A web of federal and state regulations governs the industry. Larger insurance policies come into play. Truck accidents can involve more severe, often catastrophic injuries. And trucking companies fight back hard and fast: many dispatch rapid response teams to accident scenes within hours to start building their defense. That’s why having your own attorney from the start matters so much.

Electronic logging device (ELD) data, the event data recorder (black box), driver qualification files, drug and alcohol test results, hours of service logs, maintenance and inspection records, cargo manifests, and dispatch communications. The trucking company controls most of this evidence, and some of it can be overwritten or destroyed in a matter of days. An attorney can send a spoliation letter to force the company to preserve everything.

Two years from the date of the accident for injury claims, and two years from the date of death for wrongful death claims. But given how quickly trucking evidence can disappear, including ELD data, driver logs, and maintenance records, waiting even a few weeks can cost you. Talk to a lawyer as soon as you’re able.

Commercial trucks fall under the Federal Motor Carrier Safety Regulations, which cover hours of service limits, drug and alcohol testing, vehicle maintenance and inspection standards, driver licensing and qualification requirements, and cargo securement rules. When a trucking company or driver violates these regulations and someone gets hurt, those violations serve as strong evidence of negligence.

Fully loaded commercial trucks weigh up to 80,000 pounds. The physics of that size difference produce devastating injuries: traumatic brain injuries, spinal cord damage and paralysis, multiple fractures, internal organ damage, severe burns, crush injuries, and death. Survivors often face years of rehabilitation and, in many cases, permanent disability.