A truck accident can turn your life upside down in a matter of seconds, leaving you confused, in severe pain, with mounting medical bills, and unsure of how to get justice. One of the most common concerns victims have is, “What does a truck accident lawyer do?” The answer is simple: a truck lawyer helps protect your rights, investigates the cause of the accident, and works to secure fair compensation so you are not left to handle the legal process alone.
They also help with communicating with insurance companies, negotiating fair settlements that cover your medical expenses, lost wages, or any other pain you had to go through, and then filing a lawsuit when necessary to ensure that maximum compensation is obtained.
Burg & Brock has over 30 years of combined experience assisting injured victims seeking justice and securing favorable settlements. Our seasoned truck accident attorneys are dedicated to guiding you through the entire process with ease, ensuring your rights are protected and your compensation is secured. Contact us today to get started on your case.
This article is a comprehensive overview of what a truck accident lawyer does, the steps involved in securing fair compensation, and common challenges truck accident lawyers face.
A truck accident lawyer is a legal professional who specializes in helping victims of commercial truck accidents, be it tractor-trailers, semi-trucks, or delivery trucks, seek justice. These attorneys usually focus on personal injury law and have a deep understanding of both federal and state laws that govern the trucking industry.
Unlike other types of accidents, truck accidents often involve complex legal issues due to the multiple parties involved, including truck drivers, trucking companies, shippers, manufacturers, and insurers. Truck accidents are very critical and can lead to severe injuries, disabilities, or even death.
According to the National Highway Traffic Safety Administration (NHTSA), there were over 5,472 people killed from large truck crashes in the US. This is why a truck accident attorney is essential to help protect the victim's rights and pursue compensation for medical bills, lost income, pain and suffering, and other related losses.
One of the primary responsibilities of a truck accident lawyer is to carry out investigations into the accident to gather evidence that will be used to build a strong legal claim. This process often involves reviewing police reports, examining the accident scene, collecting witness statements, obtaining surveillance or dash cam footage, and examining the driver's log, black box data, and maintenance records.
Another major responsibility of the attorney is to communicate and negotiate with the insurance companies on the client's behalf. This prevents insurers from using delay tactics or offering settlements that are significantly lower than the damage incurred.
Truck accident lawyers also help to calculate the appropriate compensation that should be awarded to the victim. They do this by reviewing the extent of the damage, the medical bills, employment history, and the long-term impact of the injuries, and in cases of death, they also take into account the pain and suffering the accident has inflicted on the families of the bereaved.
Dealing with a truck accident case can be a devastating experience, especially when coping with injury-related pain along with navigating a complex legal case. Below, we've tried to simplify the legal process by providing a step-by-step framework of how an experienced truck accident lawyer can help injured victims recover fair compensation after a serious truck crash.
This is the first stage where the accident lawyer meets with truck accident victims to understand the details of the accident involving commercial vehicles. During this first consultation, the lawyers review the truck accident, how it happened, the people involved, the injuries sustained, the properties damaged, the vehicles damaged, the medical care costs, and whether the case qualifies as a strong accident claim.
The lawyer also explains the legal options available to the victim under personal injury law and determines whether filing an insurance claim or personal injury lawsuit is appropriate. Once they are hired, the law firm takes over communication with the insurance companies and starts working to reduce the client's financial risk and obtain fair compensation for them.
After accepting the case, the truck accident attorney starts a detailed investigation of the accident scene. As mentioned earlier, this stage involves reviewing police reports, collecting photos and videos, speaking with witnesses, and examining the extent of damage from the truck collisions.
The legal team also works to collect evidence such as medical records, truck driver logs, black box data, and trucking company maintenance records. This step is essential in identifying the liable parties who are legally responsible and proving negligence.
Determining liability is one of the most important parts of a truck accident case. Unlike typical car accident cases or auto accident claims, truck accidents often involve multiple responsible parties, in fact, research shows that 62% of fatal large truck crashes involve two vehicles which makes it more complex.
An experienced attorney examines to see who exactly is responsible for the car crash, whether the truck driver, the truck driver’s employer, the trucking company, a truck manufacturer, or maintenance providers. The lawyer reviews federal regulations and safety regulations within the trucking industry to determine fault and identify all responsible parties.
At this stage, the lawyer calculates the value of the injury claim by including the medical expenses, lost wages, future treatment costs, and other financial recovery needs. Truck accident victims often suffer catastrophic injuries that affect their ability to work or live normally.
The lawyer considers this, along with non-economic damages such as pain, emotional distress, and reduced quality of life, when calculating the compensation amount.
Once strong evidence has been gathered, the truck accident lawyer negotiates with the insurance companies on behalf of the client. Most of the time, trucking companies try to reduce the compensation amount; however, an experienced truck lawyer uses expert witnesses, documentation, and a strong legal strategy to advocate for a fair settlement. They aim to secure fair compensation without forcing the victim into unnecessary stress.
In cases where negotiation fails, the lawyer may choose to file a truck accident lawsuit on behalf of the victim. This step involves discovery, examining witnesses, and other necessary evidence in court. After both parties have had a chance to present their claims, the jury then decides on the compensation that would be awarded to the truck accident victim. Having strong legal representation is important to ensuring that a fair settlement is secured.
To better understand the legal process involved, let's look at an example of a truck accident case. Imagine a semi-truck travelling on the highway when, due to distracted driving, the truck driver suddenly loses control of the steering and slams into a passenger vehicle from behind. Due to the impact of the collision, the passenger driver suffered serious injuries that required emergency medical care.
To seek justice and begin a legal claim, the injured driver hires a truck accident lawyer for help. The truck accident attorney starts by investigating the accident scene, interrogating eye witnesses, questioning the truck driver, speaking with the trucking company, examining the police reports, medical records, and the damage done to both vehicles.
Through the evidence gathered, it is discovered that driver fatigue is the main cause of the accident and that the truck driver has a history of violating the federal trucking regulations.
Further evidence also reveals negligence by the trucking company and possible vehicle defects. During the negotiation process, the insurance company refuses to offer a fair compensation value that covers the victim’s expenses, medical bills, and lost wages.
Due to this, the accident lawyer has no choice but to file a lawsuit. After both sides had presented their critical evidence and arguments to back up the claim, the court found the liable parties guilty and ruled a settlement amount of $1.8 million to the victim.
One major advantage of hiring a truck accident lawyer is their ability to negotiate effectively. These lawyers have adequate experience in handling complex truck accident claims and understand the various state and federal laws involved. They also understand how insurance adjusters evaluate and challenge cases; this helps them know how to counter their tactics with strong evidence whenever they try to minimize payouts or shift blame.
Additionally, their knowledge of the various trucking regulations and industry rules allows them to spot violations when they occur and use them to support the claim. As a result, they are better positioned to negotiate settlements, it is no wonder that car accident victims with attorneys receive settlements that are about 3.5x higher than those who represent themselves.
Another major benefit is their access to valuable resources and professional networks that can strengthen the case. Truck accident lawyers usually work with accident reconstruction experts whose job is to analyze crash scenes, vehicle damage, and data to explain how the accident occurred and why it occurred.
They also collaborate with medical professionals who examine the severity of injuries inflicted on the victim, review medical records, and provide expert opinion on future treatment costs or permanent limitations. This helps to build a bulletproof case, which can increase the chances of securing fair and full compensation.
One of the biggest challenges many truck accident lawyers face is the complexity of the truck accident cases themselves. Accidents involving commercial trucks often result in severe and catastrophic injury, further complicating the entire process. Additionally, trucking companies and their insurance providers usually have large legal teams who aim to limit their liability and reduce payout.
This means that truck accident lawyers must prepare thoroughly to counter their defense strategies while meeting strict legal deadlines and procedural requirements. Another major challenge is the complex liability issues that come with a truck accident case. Multiple parties are involved in a truck accident, making it difficult to determine who is liable.
Determining who is legally responsible requires detailed investigation and careful analysis. Another significant obstacle is navigating the complexity of federal and state regulations that govern the trucking industry. Truck accident lawyers must have a thorough understanding of the Federal Motor Carrier Safety Administration (FMCSA) regulations, which cover areas such as driver hours of service, vehicle maintenance, cargo loading, and driver qualifications.
When a truck driver violates these rules, it can help to prove negligence, which automatically strengthens a case; however, identifying and applying them correctly requires deep knowledge of these rules.
In addition to federal rules, truck accident lawyers also deal with state-specific trucking laws that vary significantly and affect liability, filing deadlines, and damage limits. For instance, legal requirements for a truck accident in California may differ significantly from those in other states, so in essence, local experience is also very critical.
One of the most common causes of truck accidents is driver error. Because truck drivers always work long hours, driver fatigue can set in which slows down a driver's sensitivity and impairs judgement thereby increasing the risk of a serious crash. In an FMCSA study, fatigue was listed as a contributing factor in about 13% of truck crashes, showing the role driver fatigue plays in many truck collisions.
Distracted driving, such as using a phone, reading a paper, or even eating while driving is another major cause of accidents. When the driver of a large commercial vehicle loses focus for even a second, the size and weight of the truck could turn a minor mistake into a severe collision with passenger vehicles.
Another frequent cause is violating safety rules and federal trucking regulations. When truck drivers are being pressured by the truck companies to meet tight delivery schedules, it could result in drivers exceeding the legal driving hour, skipping rest breaks, or ignoring the necessary inspections.
Poor vehicle maintenance also plays a role in the number of truck accidents. This is because worn brakes, tire blowouts, or steering failures can lead to loss of control, which could result in serious truck crashes. In some cases, accidents are caused by vehicle defects or faulty parts, which could be the fault of the manufacturers or the maintenance service providers.
Aside from this, other factors could also lead to truck accidents, such as road and environment conditions. For instance, bad weather, poorly maintained roads, and heavy traffic can increase the chances of a collision.
One of the most important things to do when working with a truck accident lawyer is to stay organized and engaged throughout the legal process. A truck accident case can be complex, and providing the needed details on time and proper communication can help the process move faster and more smoothly.
Start by gathering all documents related to the truck accident and your injuries. They could include your medical records, treatment plan, medical bills, and other related documents so your lawyer can better understand the severity of your injuries and your future treatment needs. It's also important to save any insurance information, claim numbers, and messages or letters you've received from insurance companies, as this could play a role in further strengthening your case.
Good communication is very important. Keep detailed notes about your recovery, medical appointments, missed work, or any conversation you have with the insurance adjusters. Also, let them know if there are any changes such as new symptoms or additional treatment. Always endeavour to ask questions if you're confused, so your lawyer can guide you.
Once you hire a lawyer, schedule your first consultation with them as soon as possible to go over the details of your case. Also, take time to read through the agreement before you sign so you'll know what to expect. After that, be sure to respond promptly to requests, attend appointments when needed, and follow your lawyer's advice.
Being a victim of a truck accident can be a devastating and sometimes life-changing experience. Because of how complex these cases can be and the multiple parties often involved, it is usually more difficult to navigate the legal process on your own.
Truck accidents frequently involve severe injuries, large trucks, trucking companies, and aggressive insurance providers, all of which can make pursuing compensation overwhelming for an injured person. Consulting an experienced truck accident lawyer can help you simplify the entire legal process and secure compensation that reflects what you've had to suffer.
At Burg & Brock, we specialize in helping truck accident victims secure fair compensation while protecting their rights in the process. Our team guides you through every step of your case, ensuring that you understand what's going on at every stage and are never left in the dark. We take the legal burden off your shoulders so you can focus exclusively on healing. Book a free case evaluation today to get started.
Here are typical answers to the question “What does a truck accident lawyer do?”, as well as other related questions.
A truck accident lawyer can step in and investigate the accident, gather strong evidence to back up your case, negotiate with insurance companies, and help calculate the right settlement amount that covers your medical expenses, lost wages, and other costs incurred on account of the accident. And if a fair settlement cannot be reached through negotiations, they help you file a truck accident lawsuit and guide you through the legal process to ensure a favourable outcome.
The compensation amount depends on your case. A truck accident lawyer works to ensure you receive compensation for medical bills, future medical care, lost wages, reduced earning ability, and property damage. In many trucking cases, financial compensation can also include pain and suffering, emotional distress, and loss of enjoyment of life. The lawyer aims to ensure that all necessary costs are covered so you're not left paying out of your pocket later.
Most truck accident lawyers work on a contingency basis, which means you don't pay any legal fees upfront. Instead, the lawyer is paid based on the percentage of the settlement amount earlier agreed-upon, although this is only if the case is successful. So, if there is no recovery, you usually do not owe any attorney fees. It is important to have a proper understanding of the attorney's fee structure, if there are any additional costs involved, and how they will be handled to avoid surprises.
One common mistake is waiting for a long time before hiring a truck accident lawyer as this can lead to missed deadlines or lost evidence. Another one is choosing a general lawyer to handle these personal injury cases. A truck accident case is usually more complex than regular motor vehicle accidents, so it's important to choose a lawyer well-versed in handling these cases to fight for you. Some people also make the mistake of speaking directly with insurance companies before getting legal advice, which can harm their claim. To avoid this, get an experienced truck lawyer on time and allow them to handle all the communication.
Cameron Brock is a recognized personal injury lawyer in Los Angeles with extensive experience and success representing individuals and families in catastrophic personal injury and wrongful death cases.
Cameron’s proven track record of helping those who have been harmed by wrongful conduct, violations of safety rules, and defective products has focused on claims involving automotive product defect, tire product defect, commercial truck accidents, trash truck accidents, airplane and helicopter crashes, train disaster, government liability for dangerous condition of public property, and general negligence.
Read more about Cameron BrockWe turn your pain into payouts. No stress, no upfront fees—just real results when you need them most.
