Why Should You Hire a Truck Accident Lawyer?
If you or someone you love has just been injured in a car accident that wasn’t your fault, you might not think it matters much whether the other driver was operating a personal vehicle on their own time or an 18-wheeler on an interstate run.
But from a legal perspective, it matters a great deal.
Truck accidents are not like passenger vehicle accidents. These cases tend to be much more complex, time-consuming, and expensive to investigate and take to court.
Unfortunately, trucking companies and insurance companies know this, and fight claims aggressively. They will use their resources to try to settle your case as cheaply as possible, regardless of how badly you’ve been hurt.
In this blog post, we will take a closer look at what makes truck accident cases (and other crashes involving commercial vehicles) so different from ordinary car crashes, and why you should strongly consider hiring an attorney with extensive truck accident experience.
What Makes Truck Accident Cases Different?
Complex Laws and Regulations Apply
Truck drivers and the companies that employ them are subject to a wide variety of strict federal and state rules and regulations. This includes how many hours a truck driver can work without a break or how many hours they can work within a set number of days. There are also rules about how often trucks need to be serviced and inspected, how much cargo they can haul, and much more.
However, trucking companies have been known to cut corners to save money or complete more deliveries. They may hire (or refuse to fire) unqualified or dangerous drivers, pressure their drivers into staying on the road longer than allowed, or allow unsafe and poorly maintained vehicles to stay in service.
To show that the trucker or trucking company was at fault—or even grossly negligent—your truck accident lawyer will need to have a deep understanding of federal and state trucking laws.
Evidence Can Be Hidden or Destroyed After a Short Time
Trucking companies are supposed to maintain detailed records about drive hours, maintenance, and more. This is the evidence that could prove that a driver was working too long, not taking rest breaks, or driving a vehicle that should have been out of service.
However, companies are only legally required to keep records for a limited time and can later destroy them. If you wait too long to file a personal injury claim, this crucial evidence (along with other sources of evidence like photos of the crash site, eyewitness statements, dash camera footage, damaged equipment, and cell phone records) could be lost forever.
An experienced truck accident lawyer will know what to look for and how to protect the evidence from destruction.
More Insurance Coverage Is Usually Available
In most ordinary car accidents that involve passenger vehicles, the amount of money you can recover from the at-fault driver is determined by how much liability insurance coverage they purchased. This amount can be shockingly low: In both Kentucky and Indiana, the legal minimum amount of injury coverage for a personal vehicle is just $25,000 per person and $50,000 per accident.
However, commercial vehicle operators are required to carry significantly larger insurance coverage. For example, an 18-wheeler that operates across state lines must have at least $750,000 in injury coverage if it’s hauling non-hazardous materials, and up to $5 million in injury coverage if hauling certain hazardous materials.
The good news here for injury victims is that, with more insurance coverage available, you have a better chance of getting a larger and fairer settlement. But insurance companies don’t like losing a lot of money and will fight these claims aggressively.
Multiple Parties May Be Responsible
Most (although certainly not all) car accidents are caused by one driver or the other. Truck accident cases, however, are more likely to have multiple parties that share legal responsibility. This could include:
- The truck driver individually (for example, by running a red light or making a lane change without checking for other traffic)
- The trucking company (for example, through negligent hiring practices or pressuring drivers to break the rules)
- The truck owner (if they failed to ensure the vehicle was safe to operate)
- A cargo loader (by packing the truck in a way that made it unstable)
- A maintenance company (by performing shoddy or insufficient work)
- A truck equipment manufacturer (if the crash was caused by a defective part that failed unexpectedly)
Why does this all matter? It comes down to liability and insurance coverage. If, for example, you can prove that an equipment manufacturer or maintenance technician shares responsibility, you can file a claim against them. This increases the pool of available insurance coverage to help pay your claim.
An experienced truck accident attorney will rigorously investigate the crash to identify all responsible parties and keep the insurer from unfairly pinning the blame on you.
RELATED POST: Who Is Liable in a Truck Accident in Kentucky? – Truman Law
Injuries Are Often More Serious
Because of the size, weight, and momentum of heavy trucks, even low-speed crashes can easily cause life-changing, catastrophic injuries. Some of the serious injuries that may occur in a truck accident include:
- Broken bones
- Scarring and other disfigurement
The more serious your injuries are, the higher the stakes will be during settlement negotiations. You could be out of work for months or years. You might need periodic medical treatment for the rest of your life.
When you have large medical bills and a lot of uncertainty about what the future holds, it’s extremely important to get accurate estimates of your future costs and to fight for the full compensation you deserve. Settling for too little could lead to future financial hardship.
Experienced truck accident lawyers will work with medical specialists, life care planners, and other professionals to get the best possible picture of your future needs and aggressively negotiate on your behalf.
Dealing With the Insurance Company
After being involved in a truck accident, most people are in a vulnerable state of mind. They just went through a traumatic experience and are now facing health, work, and financial uncertainties.
Unfortunately, insurance companies will do their best to take advantage of this—and do so quickly. They may seem sympathetic and caring, but they have one goal, which is to pay as little in compensation as possible.
In doing so, they may ask for a signed statement or medical records in an attempt to use your own words and actions against you. They may offer you a lowball settlement in hopes they can quickly close the claim while paying less than you deserve.
A truck accident attorney can even the playing field. We understand insurance company tactics and know how to fight back, ensuring your rights are protected and that you can pursue the compensation you deserve for your damages.
Can Any Personal Injury Lawyer Handle My Truck Accident Case?
Any personal injury attorney who is licensed in the state where your crash took place (or in federal court, if your case is tried there) can legally handle your case.
However, not all personal injury attorneys have the experience, resources, or desire to handle truck accident cases successfully. An attorney that only handles routine car crashes, isn’t as knowledgeable about interstate trucking laws, and avoids taking complex cases to trial might not be the right choice if you want the best possible settlement for your claim.
An experienced truck accident lawyer understands the complexities of the law, what evidence must be collected, and what tactics will be needed to hold truck and insurance companies accountable.
Think of it this way: if you need knee surgery, would you rather hire a surgeon who has performed the specific procedure successfully many times, or a surgeon who has never done so before?
When Should I Contact a Truck Accident Lawyer?
The best time to call an attorney after a truck accident is always as soon as possible. The clock starts ticking on your claim immediately, and any delay can cost valuable evidence. A truck accident lawyer can discuss your legal options after the crash, investigate the accident on your behalf, and pursue compensation for your losses.
What to Look for in a Truck Accident Lawyer
Here are some things you should look for, or ask your attorney about during your free consultation:
- Experience and track record. How many trucking cases have they handled? What were the results? A history of successful settlements and verdicts is a good sign.
- Resources. It takes a lot of time, resources, and knowledge of applicable regulations and procedures to handle a truck accident claim successfully. Your legal team may need to read thousands of pages of documents or consult with dozens of expert witnesses. You want to know that your attorney is up to the task.
- Trial experience. Not all cases go to trial. In fact, most settle. But you want to be sure that your lawyer is willing and able to take your case to court if that’s what’s necessary to get fair compensation. Trial attorneys also tend to have more leverage in settlement negotiations, since the insurance company won’t want to risk a big loss at trial.
- Personal comfort. Truck accident cases can take a long time to resolve. They can be frustrating, stressful, and even scary. Don’t underestimate the importance of choosing an attorney that you feel comfortable working with and talking to. The best attorneys care about their clients on a personal level. They help them with medical concerns, are easy to talk to, and make themselves available to answer questions and explain legal concepts in understandable ways.
Count on the Colonel
At the Karl Truman Law Office, we are committed to helping injured truck accident victims achieve the compensation they need and the peace of mind they deserve.
We encourage you to get in touch today for a free consultation with one of our truck accident attorneys. You can call us at (812) 220-3484. Our lawyers serve clients in truck accident claims in Louisville and throughout Kentucky, as well as Indiana.