Trucking Accident Questions

Are trucking accidents different than automobile accidents?

Yes. Commercial vehicles are required to carry different insurance policies and because semi-trucks are inherently more dangerous, both the property damage and injuries received are usually much greater. Semi-truck drivers are also better trained than the average motorist. They are expected to not only know more, but also to inspect their equipment on a regular basis.

Awards are usually higher when a commercial vehicle is part of the mix. There is documentation available that wouldn't be in a private automobile accident. A skilled attorney will know how to find and use information and records that commercial operations are required to keep.

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Who may be sued in a semi-truck accident case?

Because there are multiple entities who may be fully or partially responsible (duty of care) for the accident, your attorney will investigate many of the following:

• The driver
• Owner of the truck (the tractor)
• Owner of the trailer (the rear cargo area)
• The company responsible for maintaining the vehicle
• Manufacturer of any defective items – tires, tie downs, latching mechanisms
• The shipper – when they may have misloaded the trailer or if the cargo was not packaged correctly.
• Anyone responsible for road conditions

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Does a commercial vehicle only mean a semi-truck/18 wheeler?

No. Any vehicle used for business purposes can be a commercial vehicle. It depends on the "normal course of business" and your attorney will be able to differentiate. For example, a delivery van that is also used for personal business might or might not fall under the commercial vehicle rules.

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What information should I give the trucking company if they call me?

You should refer any inquiries to your lawyer. This is one of the purposes of obtaining representation. Your attorney will act as a buffer between you and any calls that could trip you up.

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Should I give permission to release my medical records?

No. Never. Let your attorney decide what is relevant and what should be released. If you sign a waiver they will be able to pull any and all records – even those unrelated to your accident.

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What if I wasn't wearing my seatbelt?

Like many other factors, this will have to be weighed against the other things that happened. Not wearing a seatbelt does not mean you cannot collect on a lawsuit.

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What if I was issued a ticket? Can I still sue?

Generally, yes. A traffic ticket is just a police officer's best guess about what happened. It is rare for an officer to actually witness the accident. You should not let a ticket stop you from getting a solid legal analysis of your case. Even if you were arrested for DUI or other infraction, you may still not have been entirely at fault.

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What happens if the driver says the trucking company was at fault and the trucking company says the driver was at fault?

Because there are multiple "targets" in a trucking injury accident, they sometimes try to pass the buck in the hope that they won't have to pay. This is a matter for your attorney to help you with. Each case is different, but it sometimes takes legal action to get past the barriers.

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What is my trucking accident claim worth?

This depends on the amount of injuries you received, both to your body and your property. These are lumped under the term "damages." Not all damages are immediately apparent and the damage to your car may be settled sooner than any bodily injury claim. The amount you collect will depend on other factors as well, such as pain and suffering or economic damages – such as loss of time at work.

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Can I collect for medical bills? Missed work?

Yes. Typically these are part of a settlement for any negligence claim. Part of constructing a powerful case will be documenting all of the expenses you incur from the accident.

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What should I do to protect my rights?

There are two immediate steps you should keep in mind. The first is to seek legal representation as soon as possible – this helps prevent missteps, lost information and protects you from many of the ploys an insurance company may try against you. The second is to not sign anything that gives away your rights. Your signature is a forceful tool that can be used against you. Any statement or agreement you sign has the possibility of harming your case.

Of course, when you have legal representation, your attorney will keep a close eye on your rights. There is nothing quite so satisfying when you can answer a phone call or demand with the phrase, "please speak to my attorney," and give them a name and phone number.

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I am not sure I want to sue, what can I do to keep my options open?

Your best bet is to document everything that happens. This includes any information about the accident itself and all your medical problems. The advantage of having an attorney onboard is that they can access and preserve records you may not be able to. With subpoena powers, a lawyer can compel a trucking company to release records that might otherwise be lost.

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If something falls off a truck and I hit it with my car, can I recover damages?

Yes, and this is unfortunately fairly common. The driver is responsible for making sure he is transporting his cargo in a safe manner. If possible, you should record any information about the truck that you can. Even if you didn't get a license plate, the truck might still be identified by the item that fell off, the time and location where it happened or other information.

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What does it cost to pursue a truck accident case?

These cases are handled on a contingency basis. That means you do not have upfront costs, the lawyer is only paid if you collect on your claim. The purpose of this is to allow everyday citizens to obtain legal services they would otherwise not be able to afford. Only by getting excellent results can an attorney successfully practice in this area.

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I was a passenger in an accident with a truck, can I make a claim?

Yes. If you were injured in the accident, you may have a claim. This will depend on the same factors as the driver of the car you were in. Who will have to pay is determined by what happened in the accident.

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