A truck accident lawyer is a subset of personal injury lawyers focused in truck accident events. They speak for people who, in a truck accident, have suffered injuries from another’s carelessness.
Should you be thinking about consulting a lawyer, it’s crucial to know exactly what a truck accident attorney does.
Truck Accident Lawyers Focus on Tort Law
Lawyers for truck accidents operate under tort law. In the framework of truck accidents, Justia defines a tort as a “private or civil wrong or injury” that might be corrected by damages reimbursement.
In a truck accident, if someone is careless and results in injuries, the injured party may be entitled to payback from the negligent party. Tort law mostly serves to “make whole again” the damaged party.
Truck accident lawyers therefore assist injury sufferers in getting recompense for their losses.
Lawyers representing victims in truck accidents assist with damages including:
- Future as well as current medical expenses
- Earned lost wages
- Loss of earning capability; vehicle damage
- emotional discomfort
- Physical agony and pain
- Death by error
Apart from vehicle, bicycle, bus, dog bite, animal attack, premises liability (slip and fall) accidents, medical malpractice and wrongful death, personal injury lawyers can handle various kinds of cases.
Truck accident lawyers, then, are personal injury lawyers who concentrate especially on truck accident cases.
Specifically what does a truck accident lawyer do?
Everything a truck accident lawyer does for their clients involves a lot of work. Though any injury accident might be tough, truck accidents are particularly legally difficult.
The truck collision can be caused by several people, hence different insurance firms should be contacted to make claims.
From beginning to completion, truck accident lawyers will handle cases occasionally ending in a trial. Working on a case, a truck collision will specifically cause these few problems.
Examining Truck Accident Cases
Examining the specifics of a potential client’s case, a truck accident attorney will decide whether or not it is strong and legitimate.
Most truck accident attorneys operate on contingency, thus they will want to ensure a case has a strong possibility of winning before proceeding.
“Contingency” refers to the situation whereby the attorney receives payment only should they get the client a settlement or award. Their salary depends on their winning amount and whether or not they win at all.
Getting Data to Support Every Argument
A truck accident attorney will start looking whenever they choose to accept a client’s case. This can include:
Visiting the Scene of the Truck Accident
- Review images from the accident scene (or arrange a photographer to get images)
- Getting quotes and corresponding with witnesses
- Reviewing video footage on cameras
- Assessing automotive damage
- Reviewing the medical records and expenses of the client
- Starting with the client’s overall damages and other accident specifics, the attorney will begin assembling a case.
Sending Demand Letters
Following a truck accident investigation, the attorney could send a demand letter to the insurance company of the at-fault party.
The demand letter will list the details of the collision and seek a particular sum of money for the victim’s losses.
Dealing with the Insurance Companies: Negotiations
One of the most worthwhile aspects of hiring a truck accident attorney is usually negotiations. Often times, the insurance firms of the at-fault parties try to get in touch with the truck accident victim shortly following the collision, which can be dangerous.
Usually offering a lowball settlement (if they give anything at all), insurance companies are adept at determining methods to pay less on a truck accident claim.
When interacting with the insurance company, most injury victims will not know how to advocate or defend their legal rights. But seasoned truck accident attorneys constantly negotiate and interact with insurance companies.
Examining the specifics of the insurance policy, precisely calculating all of the victim’s losses, and managing all correspondence with the insurance companies, a truck accident attorney will represent.
They will try to arrange a settlement covering the victim’s losses and that is fairly equitable.
Drafting Complaints
Usually, a truck accident attorney can get the insurance company to agree on a reasonable compensation most of the times. The lawsuit closes there, and the victim of injury gets paid.
The truck accident attorney may, however, file a complaint to the at-fault party should the insurance company not negotiate.
Among the first papers turned in a truck accident case is the complaint. Usually after the complaint is received, the at-fault party has thirty days to respond.
Starting Investigating
A truck accident lawyer will start working on a case as though it were headed for trial after the lawsuit has been filed.
Many truck accident cases still settle somewhere before they even go to court, but a seasoned attorney will know to be ready for everything.
A truck accident lawyer will compile evidence, study pertinent case law, and start developing legal theories connected to an accident in order to get ready for the lawsuit’s discovery phase.
They might also compose pleadings, interview and depose witnesses, and get ready for searches.
Serving Representation at Trial
Should a truck accident case get all the way through to trial, a truck accident attorney will represent their client before courts.
An experienced truck accident attorney will be conversant with every stage of the trial procedure.
Additional Skills Required of a Truck Accident Attorney
Many times, a truck accident attorney works with tight deadlines, extensive research, and consistent client correspondence. To see success in their cases, they also have to be rather good in speaking, negotiating, and managing their time.
Good truck accident lawyers enjoy what they do even if their work can be taxing as it lets them assist victims of truck accidents acquire the money they need and deserve.
Consult a Georgia Truck Accident Lawyer Right Now for Free
Seeing what a truck accident attorney performs now can pique your curiosity in consulting one to assist with your case.
Our truck accident lawyers at John Foy & Associates are ready to provide you a FREE case analysis and consultation. We have been helping injured victims to get their just compensation for almost twenty years.
Causes of Truck Accidents
In 2019, 5,005 people were killed in crashes involving large trucks. Around 71% (3,544) of the people killed in these truck collisions were occupants of other vehicles.
During the same year, an estimated 159,000 people were injured in accidents involving large trucks.
The Federal Motor Carrier Safety Administration (FMCSA) issued a report after analyzing hundreds of factors that led to truck wrecks.
According to the FMCSA, brake problems and traffic flow interruptions were the leading causes of large truck accidents.
Other Causes of Truck Wrecks include:
- Driver fatigue
- Distracted driving, particularly texting while driving
- Alcohol and drugs
- Roadway problems
- Reckless driving
- Inexperience
- Improper cargo loading
- Speeding
- Poor training and maintenance
- Aggressive driving
After an accident, a good truck accident lawyer can help you identify what led to your crash. An attorney can gather and analyze evidence, including the truck’s black box data and phone call records,
To identify the cause of the accident while you and your family focus on recovery and healing.
What to Do After a Truck Accident ?
Here are the steps to follow if you are involved in a collision:
- Call the police
- Seek immediate medical attention
- Gather information from all parties involved, including their names, addresses, and license numbers
- Take pictures and videos of the scene
- Write down the contact information of any eyewitnesses
- Do not take responsibility for the crash
- Hire a truck wreck lawyer
Of course, you can always call us for guidance through this process after you have called the police and received medical attention.
What to Do in the Days Following a Truck Accident?
The actions you take in the days and weeks following an accident can significantly affect your claim. Here’s what you should do or what we will help you do when you call us:
- Get a police report of your crash
- Get your vehicle appraised
- Keep track of all your medical treatments and doctor visits
- Track all your out-of-pocket expenses
- Keep track of all your missed work days
- Keep a journal of how you feel or your experiences, like if you are having trouble sleeping or if you are having panic attacks after the incident
- Do not post about the incident on social media
- Do not talk to the other drivers’ insurance companies
- Do not accept an offer without talking to a truck accident lawyer
How Are Truck Accidents Different from Car Accidents?
Commercial truck wrecks differ from car wrecks in various ways. First, not only does a truck weigh roughly 20 times as much as a passenger car but also federal and state governments require trucks to follow stricter rules.
For example, according to hours of service regulations and property-carrying truck drivers may drive for a maximum of 11 hours after 10 consecutive hours of rest.
This safety rule is meant to prevent tired drivers from operating these potentially deadly trucks on open roads.
Here are other ways these two types of accidents differ:
- Injuries are usually more severe in truck accidents
- Insurance policies are larger for the commercial trucking industry
- Multiple parties may be liable, including the truck driver, the cargo loading company, the truck owner, parts manufacturers, and the maintenance crew
- There is a likelihood of higher damages
How Can a Truck Accident Lawyer Help?
Every truck accident case is different. This is why you need an experienced semi-truck accident lawyer to build a compelling case to present to the insurance carrier or a jury in court. You can expect a reputable truck accident law firm to:
- Investigate and collect evidence, including police reports, black box data, expert testimony, eyewitness statements, and photographic evidence from the scene.
- Compile your medical records and expenses to prove your losses.
- Hire medical experts to determine what your healthcare needs will be in the future.
- Identify all liable parties in your truck wreck case.
- Send demand letters to the at-fault party’s insurance companies.
- Negotiate with insurance companies on your behalf.
- File a lawsuit for you but continue efforts to negotiate a settlement.
- Take the case to trial if need be.
At Nix Patterson, our attorneys can handle all of this for you, and we will advance all the costs on your behalf. We will regularly update you regarding your case as we handle all paperwork.
How Much Compensation Can I Get After a Truck Wreck?
Though full compensation is never guaranteed, truck accidents are often more severe than passenger car accidents, resulting in higher damages.
If you or your loved one has been hurt in a trucking wreck caused by another party’s negligence, you may be entitled to economic and non-economic damages that include:
- Past and future medical bills for medication, hospitalization, therapy, surgery, etc.
- Lost wages and lost earning capacity
- Mental anguish
- Loss of quality of life
- Pain and suffering
- Loss of consortium
- Disfigurement and permanent scarring
- Wrongful death benefits
In extreme circumstances, you may be eligible for punitive damages. These damages are meant to punish the defendant if the court deems their conduct intentional or grossly negligent.
Contact an Experienced Truck Accident Attorney for Legal Representation
If you or someone you care about has sustained injuries or died in a truck crash, you may be eligible for compensation. You don’t have to face the financial, emotional, and physical burden of an accident alone.
An attorney with a wealth of experience in personal injury cases can investigate your truck accident case, build a strategy for you, and handle settlement talks or a trial on your behalf.
That’s where Nix Patterson comes in. Our legal team is ready to protect your rights and interests. Contact us today to discuss your truck accident case. The initial consultation is free. And we only get paid if we win.
US Truck Accident Statistics
Large truck accidents are becoming more common; over the past ten years, the number of fatal accidents involving big trucks has over 50% increase. Sadly, the bulk of the victims of these deaths are drivers of tiny cars.
Over 100,000 big trucks annually are engaged in accidents that cause injuries; even non-fatal accidents can result in life-changing injuries.
Federal Trucking Laws Aimed at Reducing Accidents
The Federal Motor Carrier Safety Administration, or FMCSA, has developed several rules meant to reduce the hazards involved with transporting goods by big truck so that every other motorist is safer.
Trucking Rules: Hours of Work
Driver tiredness is one of the main safety risks in trucking; this is especially true in cases when trucking firms force drivers to produce better and faster times.
The FMCSA has set weekly limits as well as restrictions on how many consecutive hours a driver may spend on the road to fight this.
One of the most direct approaches to lower significant truck accidents and raise driver knowledge and attention is this limit to the hours of service.
Rules for Trucking: Weight restrictions
Trucks have an economic incentive to carry as much as they can; thus much weight can overload their brakes and cause extremely difficult control.
Heavier trucks create a disproportionate amount of wear and tear on the public highways of the country and often participate in more and more deadly accidents.
One example of these rules in work are weigh stations on the highways, which demand trucks to pass inspections and prove they are running within safe weight restrictions.
Trucking Laws: Drug testing and other pre-employment screening
Additionally required by FMCSA rules are pre-employment screenings for truck drivers. On long trips, some truck drivers turn to narcotics to keep awake; some studies have indicated that almost a fifth of truck accidents involve drug usage.
For this reason, before employment, rules mandate that professional truck drivers pass drug tests.
Examining truckers’ safety records and criminal history—sometimes using an official FMCSA metric called a Compliance, Safety, and Accountability or CSA score—also helps to keep truck drivers responsible for the big and dangerous vehicles they are assigned.
