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| November 30, 2024

What Does a Truck Accident Lawyer Do?

A truck accident lawyer handles cases involving large commercial vehicles by determining liability, managing insurance negotiations, and securing compensation for medical bills, lost income, and related damages. Their work helps victims pursue the compensation they deserve.

Why Truck Accident Cases Are Complicated

Truck accident cases are rarely straightforward, as they can involve multiple factors. Liability frequently extends beyond the driver to out-of-state trucking companies and adds complications to the process. Federal and state regulations further shape outcomes and the more serious injuries common in truck accidents can lead to a drawn-out and complicated process.

The Work of a Truck Accident Lawyer

A truck accident lawyer handles every aspect of building a case, from identifying key differences between truck and car accidents to addressing regulatory requirements and liability issues. Success begins with a detailed understanding of the unique challenges truck cases present and the ability to advocate effectively on behalf of the client.

Why Expertise Matters in Truck Accident Cases

Truck accidents are fundamentally different from car accidents. Without the expertise and experience to address their unique challenges, the case is unlikely to succeed.

These differences include:

  • Severity: Most fully-loaded large trucks weigh at least 80,000 pounds and the extreme force in an accident often causes catastrophic injuries which are difficult to treat. Additionally, many truck accidents occur on highways in remote areas where the closest hospital is many miles away.
  • Applicable Regulations: Normally, only state laws apply to noncommercial vehicle collisions. But state and federal regulations usually apply to trucks and other commercial vehicles. Many truck accident lawyers participate in the rulemaking process at the state and federal level.
  • Multiple Parties: We hinted at the respondeat superior rule Employers are legally responsible for damages when their employees are negligent in the course and scope of employment. Washington’s version of this law is extremely broad.

Driver error, including impairment and aggressive driving, accounts for over 98 percent of collisions in Washington. Experienced truck accident lawyers analyze evidence like black box data, driver logs, and maintenance records to uncover the mistakes that led to the crash and hold the appropriate parties accountable.

How Truck Accident Lawyers Advocate for Victims

Advocating for truck accident victims involves clear communication, strategic negotiation, and thorough preparation. Good lawyers explain things in straightforward terms, help clients weigh the benefits of each approach, and negotiate aggressively with insurers. When cases proceed to court, preparation becomes key—ensuring evidence is organized, witnesses are ready, and arguments are strong. Beyond individual cases, some lawyers push for regulations that protect future accident victims.

Key Responsibilities of a Truck Accident Lawyer

Truck accident cases require swift and decisive action. From gathering evidence to identifying liable parties, a lawyer’s early efforts lay the groundwork for building a case that is strong enough to obtain maximum compensation.

Initial Case Evaluation

Police Accident Report

The police accident report often serves as the starting point for evaluating a truck accident case. This report typically includes initial evidence collected by emergency responders, such as crash patterns and witness statements. While helpful, this information is rarely complete.

The Importance of Additional Evidence

Beyond the accident report, other evidence, like black box data and maintenance records can provide critical insights that can reshape the understanding of liability. Driver statements are inherently subjective—memory is imperfect, and what drivers perceive may differ from objective evidence. Lawyers analyze all available information to build a clearer picture of the case.

Addressing Client Questions

At this stage, clients often have many questions, especially if they are unfamiliar with the legal process. It is essential for attorneys—not paralegals or support staff—to address these concerns directly, providing clear guidance and building trust early in the process.

Investigating the Accident

After the initial review, a truck accident lawyer examines other potential evidence in the case. This evidence often includes:

  • EDR: An Electronic Data Recorder is much like a commercial jet’s black box flight data recorder. EDRs usually measure and record information such as vehicle speed, engine RPM, steering angle, and brake application. So, a computer EDR is much like a crash witness who cannot be biased or inaccurate.
  • Maintenance Records: Owner-operators have a legal responsibility to keep their rigs in tip-top shape. Noncommercial drivers can usually put off problems, at least for a while. But the law holds commercial drivers to a higher standard.
  • Additional Witness Statements: Many truck accidents are freeway crashes. These crashes are notorious short on witness statements, at least initially. For various reasons, most people don’t stop at accident scenes to give official statements to police officers. Usually, however, someone saw something, and attorneys know how to locate these individuals.

Truck accident lawyers may also partner with an outside professional, like an accident reconstruction engineer, to paint a clear picture for the jury.

Identifying All Liable Parties

Usually, the truck driver and the trucking company are the primary responsible parties in a truck accident case.

In the small percentage of crashes caused by something other than driver error, manufacturers of trucks or defective parts may be liable. When this happens, manufacturers are held strictly liable for injuries caused by their products, regardless of negligence. Maintenance providers may also bear responsibility if improper repairs or inspections contributed to the accident.

Washington has very complex joint and several liability laws. Lawyers cannot file legal paperwork until they determine the probable responsible party. In other words, Washington State lawyers cannot shoot first and ask questions later.

Managing the Claims Process

TV commercials imply that an insurance company is “on your side” and it pays fair settlements for fair claims. But in the real world, the opposite is true.

Quick Settlement Offers

Insurance adjusters frequently offer settlements while victims are still in the hospital. These offers can be tempting, especially if health insurance has already covered initial medical bills. However, these early offers are rarely adequate and fail to account for the full scope of damages.

Hidden Costs and Reimbursement Demands

Health insurance companies often exclude injury-related costs, leaving victims responsible for expenses like ongoing treatment or specialized care. Additionally, once insurers identify the source of payments they’ve made, they typically demand reimbursement, further reducing the funds available to victims.

Why Maximum Compensation Matters

Without adequate compensation, victims may struggle to cover medical bills, lost income, and other accident-related expenses. Calculating fair compensation in truck accident cases is challenging, as it must address both tangible and intangible losses.

For example, the lost value of a family car may extend beyond its financial worth, reflecting the emotional connection to the vehicle. Victims deserve compensation that accounts for these less quantifiable damages. The goal in a negligence case is to restore the victim to the position they would have been in if the accident had not occurred.

Protecting Victims from Bad Faith Practices

Some insurance companies go beyond inadequate offers and engage in bad faith practices to exploit vulnerable victims. A skilled truck accident lawyer works to counter these tactics, ensuring clients are not taken advantage of during the claims process.

Filing Legal Documents

Filing legal documents formalizes the claims process and signals to the insurance company that the victim is serious about pursuing compensation. This step ensures all legal requirements are met and provides the foundation for either negotiating a settlement or proceeding to court if necessary. A well-prepared claim strengthens the victim’s position for getting adequate compensation—beyond a low-ball offer the insurance company may make—and prevents delays that could weaken the case.

Litigation and Trial Preparation

Over 90 percent of truck accident cases settle out of court. However, whether the case settles or goes to trial, the preparation process is much the same. Lawyers organize evidence, prepare witnesses for depositions, and guide clients through each stage of the legal process.

Navigating state, local, and unwritten procedural rules is another important aspect of preparation. Experienced truck accident lawyers use their knowledge of these rules to strengthen the case, whether in pretrial hearings or at trial.

The trial process can be unpredictable, but lawyers help clients stay focused, explaining that early setbacks don’t mean the case is lost, and small victories don’t guarantee the final outcome.

Why Hiring a Truck Accident Lawyer Matters

The average attorney-negotiated settlement is over three times higher than the average non-attorney-negotiated settlement.

Settlements are higher because truck accident lawyers gather critical evidence, identify all liable parties, and use their legal expertise to pursue the maximum compensation victims are entitled to under state and federal law.

Additionally, usually less than twenty-four hours after a truck wreck, the insurance company assembles a team of lawyers, many of whom charge more than $2,000 per hour, to fight the claim. Only a truck accident lawyer is able to level the playing field by counterbalancing these teams of lawyers.

Common Questions About Truck Accident Lawyers

When Should You Hire a Truck Accident Lawyer?

Most accident victims should hire lawyers immediately after a crash. In addition to advocating for victims, attorneys refer victims to doctors who, in many cases, charge nothing upfront for their professional services. Additionally, a lawyer runs interference with insurance adjusters, so victims can simply focus on getting better.

How Are Truck Accident Lawyers Paid?

Most lawyers work on a contingent fee basis. Instead of charging money upfront, we take a percentage of a verdict or settlement as payment in full.

What Types of Evidence Are Most Important in a Truck Accident Case?

Black box data, truck maintenance records, surveillance video (if available), police reports, witness statements, and expert reports are usually the most vital bits of evidence in a truck accident claim.

How Long Does It Take to Resolve a Truck Accident Claim?

Some cases may resolve in a few months, while cases going to court can take a year or more.

How to Choose the Right Truck Accident Lawyer

Choosing the right lawyer may be one of the most important decisions a victim makes. This choice begins with asking the right questions during an initial consultation. These questions include:

  • How many similar truck accident cases have you handled?
  • Have you taken on his insurance company before?
  • What is your track record of settlements and verdicts?

The best truck accident lawyer has a track record of success, transparently and proactively communicates with clients, and provides personalized support. Most importantly, the best truck accident lawyer is well-versed in all the issues in the case.

Your Partner in Justice After a Truck Accident

No one can turn back the clock and change what happened. But a truck accident lawyer does the next best thing—helping victims rebuild their lives. At The Freeman Law Firm, Inc., we provide compassionate guidance and relentless advocacy to ensure you receive the compensation you deserve. Contact us today at (253) 383-4500 or online for a free consultation, and let us help you take the first step toward justice and recovery.


Disclaimer: The information on this website is for general informational purposes only and is not legal advice. Viewing or using this site does not create an attorney-client relationship with Freeman Law Firm, Inc. Case results depend on specific facts and cannot be guaranteed. For legal guidance for your individual situation, contact our office for a consultation.

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