Truck accident litigation presents unique challenges. Collision cases may be complex, but identifying the at-fault driver generally allows victims to hold that individual liable by filing a claim with that party’s auto insurance company. This is rarely how truck accident cases work.
Instead, commercial truck accidents often involve complex legal and logistical hurdles that are frustrating and overwhelming for injured victims.
Some of these challenges include:
Truck Accident Victims Must Go Toe-to-Toe With Corporate Lawyers Instead of Insurance Adjusters
When two passenger cars collide, the victim may build a case against the at-fault driver and demand fair compensation from their insurance company. While this is not always a quick and easy path to fair compensation, it is much more difficult to get a fair payout in a truck accident case.
One of the most significant challenges in a collision caused by a truck driver is the need to go up against corporate lawyers. Trucking companies often have large legal teams on retainer, specializing in defending against accident claims. These highly skilled, well-funded, experienced corporate lawyers know how to minimize payouts for injured crash victims.
If you find yourself in this situation, you can expect the trucking company’s lawyer to:
- Use aggressive tactics to close the case
- Downplay the severity of the accident or your injuries
- Discredit your case
- Use complicated legal procedures
- Delay the case and any settlements
Victims usually lack the resources to face such formidable opposition and rarely have the legal experience to counter these strategies effectively.
Working with an attorney who handles these cases regularly is the solution. Truck accident attorneys represent clients with no upfront fees or costs and victims only need to pay if their attorney secures compensation for them in the case.
Trucking Companies and Other Liable Parties Often Control Crucial Evidence
Another significant challenge for victims in truck accident litigation is the control that the trucking company often has over crucial evidence in the case. Trucking industry regulations, such as hours of service laws, require careful oversight and monitoring of truck drivers and their actions. For this reason, commercial trucks often have onboard computers and other monitoring devices.
Some of the evidence a trucking company might control after a crash include:
- The truck’s “black box” and its data
- Driver logs
- Maintenance records
- GPS tracking information
- Dashcam video
- The trucker’s employment history and records
Depending on the circumstances, these records can be pivotal in proving liability. However, the trucking companies know this. They could delay, obstruct, or prevent access to this evidence. Without timely access, victims could lose out on compelling evidence that supports their negotiations or litigation.
In some cases, nefarious actions could lead to losing or tampering with evidence. This could make it difficult or impossible to hold the trucking company or its driver accountable.
One of the first steps a victim and their legal counsel should take following a truck accident is to send a spoliation letter. This letter demands that the potentially liable party preserve and share all possible evidence in the case. If they fail to do so, they could face consequences from the court.
The Trucking Company Is Often the Liable Party
The legal doctrine of respondeat superior often comes into play in truck accidents. This doctrine holds employers liable for the actions of their workers if those actions occur within the scope of their job description. When a truck driver is behind the wheel of their big rig, they are working within their job description.
Under this doctrine, the defendant in a truck accident is typically the trucking company, not just the individual driver. There are pros and cons to this.
Trucking companies usually carry larger liability insurance policies with higher limits than an individual driver would or could. This is important when a victim suffers catastrophic injuries such as a traumatic brain injury (TBI) or spinal cord injury and could need monitoring, care, and support for the rest of their lives.
However, it also means they must take on the trucking company and its team of corporate lawyers. You can count on them to aggressively defend the company’s financial interests and fight for a fair payout based on your injuries and other damages.
Trucking Industry Regulations Are Complex
Both state and federal governments regulate the trucking industry to help ensure the safety of truck drivers and those they share the roads with. Ensuring truck drivers and trucking companies abide by regulations is important.
When a driver or company violates a regulation, it could support the victim’s case against them following a crash. However, this is difficult to assess and document unless the victim is familiar with these regulations or has a knowledgeable truck accident lawyer on their side.
Some regulations to consider include:
- Route restrictions
- Driver qualifications and training requirements
- Hours of service
- Electronic logging devices (ELD)
- Weight restrictions
- Maintenance requirements
- Hazardous material (HAZMAT) licensing
A violation of any of these regulations that directly contributes to causing a collision and injuries could be considered negligence.
For example, the trucking company might be negligent if they failed to meet the required maintenance regulations and a truck part failed.
Alternatively, if the company ran a truck overweight to get more goods delivered on time, but it was unable to stop before hitting stopped traffic, they might be liable.
Trust Your Case to an Experienced Truck Accident Lawyer
Injured truck accident victims often struggle with the complexity and scale of these cases. The legal procedures require a knowledge of how to investigate, build, and present a case. At the same time, they require knowledge of both state and federal regulations that govern the trucking industry.
Victims must navigate through complicated claims processes, negotiate with experienced corporate lawyers, and manage extensive evidence. Additionally, the physical and emotional toll of recovering from serious accident injuries makes it even more difficult for victims to focus on a legal battle.
Without legal representation, victims often find it challenging or impossible to secure fair compensation. In fact, it can be difficult to know what a fair settlement would look like since these cases usually involve not only financial losses to date but also future care costs and intangible losses such as pain and suffering.
These cases may be more likely to go to litigation than some types of car accident cases, too. The trucking company, its lawyers, and the corporate insurance company often believe they can simply push a case forward until the victim runs out of money. For this reason, they may refuse to settle a case for a fair value. Litigation is time-consuming and expensive.
However, if a victim presents a strong, compelling case, they could recover a strong payout in a jury trial. Of course, having experienced, skillful, and resourceful lawyers managing the case is the best way to ensure this process is successful.
What Steps Should I Take After Truck Accident Injuries?
Truck accident litigation is uniquely challenging due to the involvement of corporate lawyers, the control trucking companies have over crucial evidence, the implications of respondeat superior, and the complex regulations for truck drivers.
Having experienced legal representation is crucial to navigating these challenges and ensuring that you receive the compensation you deserve. If you were hurt in a truck crash and your injuries are stable, it is time to think about how you will proceed with your insurance claim or lawsuit to recover maximum compensation.
Some steps you should take to protect your rights and seek a fair payout include:
Document Everything
It is important to document everything when it comes to building a truck accident case. Keep records of your medical treatments, police accident reports, and any communication with insurance companies. Keep a folder or box to organize your files and protect the paperwork.
If your injuries allow, take photos of the accident scene, your injuries, and any damage to vehicles.
Get contact information for any witnesses. As soon as you are able, record your memories of the collision. This can be in writing, on video, or in a voice file. It will help you remember the details later.
Contact a Truck Accident Lawyer
Consult with an experienced truck accident attorney as soon as possible. They can help protect your rights, handle all communication with the insurance company, and gather crucial evidence.
The sooner they are on your side, the better. Some evidence, such as video from traffic cameras or surveillance video of the crash, may only be available for a few weeks following a collision.
Preserve Evidence
Work with your lawyer to ensure that critical evidence like the truck’s black box data, driver logs, and maintenance records are preserved and obtained promptly. This is where the spoliation letter will come in. They will send a letter to the trucking company demanding they protect the evidence in their possession.
Avoid Speaking to Insurance Companies
When possible, you should avoid speaking to the trucking company’s insurance carrier or lawyer. Only provide basic information about when and where the crash occurred to your own insurance company. This will protect your right to a fair payout based on your injuries and damages.
Insurance adjusters may try to minimize your claim. Refer them to your lawyer to avoid saying anything that could harm your case. They could twist your words or take your statements out of context to hold them against you. Your attorney will manage all communication with these adjusters and lawyers to reduce this risk.
Follow Your Medical Treatment Plan
You must continue with all recommended medical treatments and follow-up appointments to aid your recovery and support your injury claim. Not only does this provide you with the care and support you need to recover more fully, but it shows the insurance company and liable party that your injuries were serious and required significant medical treatment.
Under some circumstances, you may need additional specialist care or have concerns about your treatment plan as prescribed. Your attorney may be able to help you get a second opinion or a referral to a specialist. Law firms often have strong networks of medical experts they work with who could provide the additional care or support you need.
Track Your Expenses
Your attorney will provide some support for tracking your expenses and losses, but you can make this process much easier by keeping detailed records of all expenses related to the accident. This includes medical bills, lost income and time away from work, and any out-of-pocket costs.
Keeping medical bills, check stubs, and receipts is a good way to manage this process. Do not overlook receipts for parking at the hospital or doctor’s office, needing to take a cab to an appointment before you are cleared to drive, or traveling to see a specialist in another city.
Other considerations include needing to renovate your home for accessibility. For example, you may need to pay to build a ramp, widen doorways, or make a bathroom wheelchair accessible.
The cost of replacement services might be recoverable, too. Consider how much you are paying someone else to take care of the things you used to do before the accident. Are you paying someone to mow the lawn or handle deep cleaning your house? Did you need to hire a nanny to care for the kids? These are all replacement services that might be recoverable.
Listen to Your Lawyer’s Guidance
Truck accident cases can take time. This is especially true when dealing with trucking companies and their legal teams who do not want to pay. You can trust your lawyer to handle the complexities of the case and advocate for your best interests.
Your lawyer and their team should provide case updates and answer your questions as they arise. You can focus on healing and rebuilding strength and well-being. Your attorney can take care of the rest, providing the information and guidance you need to know when to accept a settlement offer or litigate your case.
Talk to Our Truck Accident Team for Free Today
Shunnarah Truck Accident Lawyers provides free consultations for truck accident victims. Call us today at (205) 957-4995 to learn how our truck accident lawyers can help you.