Personal Injury Lawyers
What Does a Truck accident attorney do?
If you've been involved in a traffic accident with a commercial truck, hiring a truck accident lawyer from MVP Accident Attorneys can significantly increase your chances of recovering the compensation you deserve.
Our legal team has extensive experience handling truck accident claims and knows how to investigate this type of complex accident to identify all liable parties and hold them accountable for their negligence. At MVP Accident Attorneys, a Sachs Law Company, our lawyers will help by:
Evaluating Your Truck accident Claim
Our attorneys will conduct a thorough investigation, gathering evidence, including:
- Police reports
- Eyewitness statements
- Available video footage
- Photos of the accident scene, vehicle damage, and any injuries sustained
Establishing Duty of care
Our legal team will analyze the circumstances surrounding the collision to determine if the truck driver or the trucking company breached their duty of care, resulting in the accident. settlement.
Dealing with Insurance companies
Our truck accident lawyers will handle all communication and negotiations with the insurance claims adjusters and fight for a full and fair settlement that covers all accident-related damages.
Seek Fair Compensation
Our attorneys will conduct a thorough investigation, gathering evidence, including:
- Past and future medical expenses
- Property damage
- Lost wages
- Pain and suffering
- Loss of quality of life
And other damages.
Filing a Personal injury lawsuit
If a fair settlement cannot be reached during the negotiation process, we will prepare your case for trial. An attorney will file a personal injury lawsuit on your behalf and represent you in court, presenting your case before a judge and jury.
If you've been involved in an accident with a commercial vehicle, you must speak with an experienced truck accident lawyer at MVP Accident Attorneys as soon as possible.
How Does an Attorney Investigate a Commercial truck accident?
After your free consultation, an attorney on our legal team will begin by gathering evidence from the accident scene and all relevant documentation.
Gathering Evidence
Your attorney will gather evidence from the scene of the car crash.
Evidence can include:
- Photographs or videos capturing the wreckage, skid marks
- Photos of your injuries, vehicle damage, and other personal property damage
- At the accident scene, they will document the weather conditions, and road conditions, and note anything that may have contributed to the collision, such as an animal on the road, road debris, traffic congestion, etc.
- Obtain the police report
- Obtain witness contact information and statements
- Truck maintenance records
- Truck driver employment records
Event data recorder
The event data recorder can be used as a vital piece of evidence. An EDR is similar to an airplane's black box.
This device tracks and records data such as:
- Speed
- Braking
- Acceleration
- Steering inputs
Your attorney will work with experts to extract and interpret this information, which can provide insights into the actions and behaviors of the truck driver leading up to the collision.
Truck Maintenance Records
A truck’s maintenance records can help your attorney identify mechanical issues or mechanical failures that could have contributed to the accident.
Medical records
Your medical records will be collected and reviewed by our legal team and medical professionals. These records document the injuries you sustained and the subsequent medical treatments required now and in the future.
Hours of service Records
A truck driver's hours of service records track the truck driver's working hours and rest periods, as mandated by federal regulations implemented by the Federal Motor Carrier Safety Administration.
Hours of service records serve as a regulatory tool to prevent driver fatigue, a significant factor that often contributes to truck accidents. These records provide a detailed account of the trucker’s activities, including driving time, breaks, and off-duty periods.
How Does an Attorney Investigate a Commercial truck accident?
Semi-trailer truck
Big rigs, also known as 18-wheelers, pose significant risks due to their massive size. Undertrained employees, fatigued drivers, and truckers who drive recklessly to meet delivery deadlines can increase the chances of an 18-wheeler collision.
Delivery trucks
Delivery trucks operate in urban areas where passenger vehicles are abundant. Their frequent stops and starts and the constant need for curbside parking make them prone to accidents.
Tank trucks
Tank trucks transport hazardous materials, representing another major hazard on the roads.
Other types of commercial trucks that are commonly involved in motor vehicle collisions with passenger vehicles include:
- Box trucks
- Dump trucks
- Tow trucks
Determining Liability in a Truck accident Case
A lawyer from MVP Accident Attorneys will explore all avenues of compensation to ensure all liable parties are held accountable for your injuries and other damages.
In truck accident claims, the following parties may be held liable for the collision:
Truck Driver
The truck driver can be held liable if their negligence resulted in a traffic accident with a passenger vehicle. Examples of negligence can include distracted driving, speeding, fatigued driving, or driving under the influence.
Trucking Company
The company that owns or operates the commercial truck may also be held liable if they failed to properly maintain the truck, enforce safety regulations, or adequately train their drivers.
Truck manufacturer
If a defect in the truck's design contributed to the accident, the manufacturer can be held liable.
Truck Maintenance Company
If the person or entity responsible for maintaining the truck failed to properly maintain it, they can be held liable for damages.
Cargo Loading Company
If the cargo was not loaded or secured properly and this caused the crash, the cargo loading company may be held liable.
Help Dealing With Insurance companies Following a Commercial Truck accident
At MVP Accident Attorneys, we have extensive experience negotiating with insurance companies. A claims adjuster will contact you shortly after the accident to get your side of the story. They may act friendly and give you the impression that they’re on your side, but in reality, their goal is to pay you as little as possible, get you to admit blame, and do whatever it takes to deny your claim. They will ask you misleading questions that can confuse and overwhelm you. An insurance company is often quick to offer a low settlement, hoping fast cash will be enough to get you to go away. At MVP Accident Attorneys, we’re familiar with the tricks and tactics insurance adjusters will use to intimidate an accident victim and get them to admit fault. We will not allow an insurance company to pressure or intimidate you.
Our legal team will handle all communication with the insurance company and fight for a fair settlement that will cover all accident-related damages.
How Much is a Truck accident Case Worth?
Determining the exact worth of a commercial truck accident claim can be challenging due to a variety of factors. An attorney will check the semi-truck insurance policy to learn how much potential compensation is available. Commercial truck insurance coverage requirements are based on the type of truck, its purpose, the cargo being transported, the trucking company's size, and the coverage limits selected. Policies typically provide coverage for liability, physical damage, and cargo loss.
Liability coverage protects against damages caused by the insured truck to others, the average policy may have limits ranging from $750,000 to $5 million. The specific coverage amount depends on federal regulations, cargo type, and contractual requirements. Considering how much money is at stake if the truck driver, trucking company, or other parties are found negligent, an insurance company will do whatever it takes to minimize payout and deny your claim. Because of this, it's crucial that you speak with an experienced truck accident attorney at MVP Accident Attorneys as soon as possible.
Economic and Non-economic damages
If you sustain injuries in a commercial truck accident, you may be entitled to various types of economic and non-economic damages.
Economic damages refer to the tangible financial losses you experience as a result of the accident. These damages aim to compensate you for the expenses incurred.
Economic damages may include:
- Past and future medical bills
- Lost wages
- Property damage
- Loss of earning capacitys
Non-economic damages can include:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
What is a Truck accident Lawsuit?
A truck accident lawsuit is a legal action taken by an injured party against the parties responsible for a commercial truck accident, seeking compensation for their damages. If the insurance company refuses to negotiate a fair settlement, the legal team at MVP Accident Attorneys can file a personal injury lawsuit.
During the discovery process, a lawyer from MVP Accident Attorneys will exchange information and evidence with the defendants.
Throughout the litigation process, our legal team will continue to negotiate with the insurance company, advocating for a fair settlement that fully compensates you for all accident-related damages. Insurance companies tend to be more willing to negotiate once a lawsuit has been filed. In most cases, an insurance company will settle with you out of court.
Common Truck collision Injuries
When a passenger vehicle collides with an 18-wheeler, the occupants of the passenger vehicle can sustain life-changing injuries. Unfortunately, some of these accidents can result in multiple fatalities.
Common types of injuries that are often sustained in semi-truck accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Neck injuries
- Back injuries
- Loss of limb/crush injuries
- Bone fractures
- Chest injuries
- Abdominal injuries
- Burns
- Whiplash
- Soft tissue injuries
The severity and extent of injuries can vary greatly depending on the specific circumstances of the accident.
Why Do Most Semi-truck Accidents Happen?
Commercial truck accidents can occur due to various factors and circumstances.
Common causes of commercial truck accidents include:
Driver Fatigue
Truckers often face demanding schedules, tight deadlines, and long hours on the road. Fatigue can impact their judgment, reaction time, and overall driving ability, increasing the risk of accidents.
Distracted driving
Distracted driving can include activities such as texting, talking on the phone, eating, using GPS devices, or doing anything else that can take the driver's attention off the road.
Speeding
Speeding reduces a truck driver's ability to react to sudden changes in traffic or road conditions. This can increase the chances of collisions, making it difficult for the driver to control the semi.
Driving under the influence
Driving under the influence of alcohol or drugs can impair the trucker's reaction time and judgment, increasing the chances of a collision.
Improper Truck Maintenance
Failing to properly maintain the semi or trailer can lead to equipment failure and contribute to accidents.
Undertrained Drivers
Insufficient training can make truck drivers more prone to accidents.
Aggressive driving
Reckless behaviors such as tailgating, frequent lane changes, and failure to yield can create hazardous conditions and increase the likelihood of accidents.
Poorly Loaded Cargo
Poorly loaded or unsecured cargo can shift during transit. This can affect the truck's stability and balance, resulting in loss of control or a rollover accident.
What is the FMCSA?
The Federal Motor Carrier Safety Administration plays an important role in regulating the trucking industry in the United States. The goal of the FMCSA is to improve the safety of commercial truck operations on the nation's roadways.
The FMCSA is responsible for enforcing safety regulations and standards for commercial motor vehicles including trucks and buses, to reduce the risks of collisions.
To prevent commercial truck accidents, the FMCSA has implemented various rules and regulations, including:
- Hours of service rules
- Commercial driver's license program
- Drug and alcohol testing
- Vehicle maintenance standards
- Electronic logging device mandate
- Insurance requirements
These rules are meant to ensure that truckers operate safely and have the appropriate insurance coverage.
Contact Us Today to Schedule a Free Consultation
If you were involved in a commercial truck collision contact the leading truck accident law firm in California today to schedule a free, no-obligation consultation.
You can meet with an experienced lawyer to discuss your case, go over your legal rights and options and find out how we can help you recover the fair settlement you deserve.
FAQ'S
What kind of evidence is needed to establish liability in a truck accident case?
Can you explain how the process of filing a truck accident lawsuit works?
How is a commercial truck accident claim different from a regular car accident claim?
What are some common causes of truck accidents that can influence my case?
How is the severity of my injuries from the truck accident taken into account in my claim?
Can I seek compensation even if the truck accident was partially my fault?
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Truckload shipping
Trucking industry in the United States
Federal motor carrier safety administration
Insurance
Sleep-deprived driving
Drug test
Event data recorder
Commercial driver's license
Load securing
Oversize load
Hours of service
Commercial vehicle safety alliance
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Author
Brett Sachs
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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