Truck Accident Frequently Asked Questions

When you have suffered an injury as a result of a truck accident, you need an attorney who will use all of their resources to thoroughly investigate the accident scene, determine what happened, and then put all of the information together in a compelling way in order to get you the highest compensation possible.

What is the most important thing that I should do after being involved in an accident with a truck?

There are a number of things that you can do to protect your rights, but the most important thing is that you take care of yourself. If you’re injured, see your doctor. Even if you don’t think you’ve been injured it’s still a good idea to get checked out anyway.

How do I protect my rights?

The truck company’s lawyers and insurance company will do anything they can to escape blame for the accident. Do not talk to them or sign any papers that they send to you. Do not accept any kind of payout from them. Gather names of any witnesses that have seen the accident. Keep a record of all of your expenses and medical treatments.

If I’ve been injured in an accident with a truck, who is responsible?

There are a number of different parties that may be held liable for a truck accident. The truck driver is often the person with the most responsibility in an accident with a passenger vehicle, but the owners of the truck, the owner of the freight, the truck driver’s employer and anybody responsible for the manufacture or maintenance of the truck can all be held liable for injuries, depending upon the facts of the case.

If I file a lawsuit about my truck accident, what kind of payment can I expect?

Every case is different, so it is impossible to provide a specific dollar figure, but when a lawsuit is filed for a truck accident plaintiffs can generally expect to be reimbursed for their medical expenses, time out of work, any potential earnings that may be lost as a result of your injuries, and an amount for pain and suffering.

In cases where the victim of the accident is killed rather than injured a wrongful death lawsuit is filed. In wrongful death cases damages include funeral expenses, loss of companionship and loss of income or economic contributions.

How much will it cost me to file a truck accident lawsuit?

When you choose an attorney to represent you in your truck accident lawsuit you will pay absolutely no consultation fee or any expenses for our services unless we win your case. We work on what is known as a contingency basis, and we get paid a portion of whatever we win for you. If we don’t win your case we don’t get paid.

Dealing with Insurance Companies

We know that after you’ve been in an accident with a truck, you have many questions and concerns. The costs of medical treatment can be very high, and it may be tempting to meet with the insurance representative from the trucking company.

This is especially when they are offering you what seems like a generous check, available to you immediately. The insurance company may ask you to sign a waiver in exchange for a check, or they may try to confuse your memory of exactly what happened in your accident.

It is common for the trucking company’s insurer to try to minimize blame on their client’s driver, or even to try to convince you that the accident was your fault. Don’t be fooled by their offer or their tactics. Though the insurance company may indicate that their concern is for your wellbeing, remember that it is their job to limit the amount of money that they have to pay you to the lowest amount possible.

They will follow a very specific set of procedures designed to try to relieve their client of liability or to reach a quick settlement that will relieve them and the trucking company of responsibility for any future medical expenses, lost wages or other damages that may arise down the road as a result of your injuries. Do not get caught in this trap.

Injuries from truck accidents can take years to resolve, and some do not become evident until weeks after the accident. Refer the insurance company to your attorney, and if you don’t have one yet tell them that you will have your attorney contact them once you have selected one.

Trucking Company Negligence

The number of trucking accidents taking place on America’s highways climb every year, and many result in significant injury and even death. There are many reasons why a truck accident may occur, and far too frequently the cause is determined to be trucking company negligence. The most frequently seen instances of negligence on the part of trucking companies include:

  • Drivers operating the vehicles without adequate training or experience
  • Trucks being overloaded or loaded improperly
  • Operating oversized trucks on narrow roads or roads where they are prohibited from traveling
  • Failure to see other vehicles as a result of a blind spot
  • Failure to obey traffic laws
  • Driving for too long without taking required rest breaks
  • Driving under the influence of drugs or alcohol
  • Driving while distracted

In addition to negligence on the part of the driver, who has a duty to exercise proper care while operating his vehicle, trucking companies can also be negligent in the condition of the vehicle that was involved in the accident.

If the truck is being operated in a way other than that which the manufacturer intended or was not properly maintained and that played a part in your accident, that is also considered negligence.