Truck Accident Lawsuits

A truck accident lawsuit is a personal injury claim that seeks compensation for injuries or death caused by a commercial truck crash. An injured person may seek payment for medical care, lost income, damaged property, pain and suffering, and other losses. If the crash was fatal, family members may be able to pursue a wrongful death claim.

These cases can be more complicated than ordinary car accident claims because several businesses may have contributed to placing the truck and its cargo on the road. The truck driver, motor carrier, maintenance provider, cargo company or parts manufacturers may share responsibility. Federal safety rules may also apply, although the lawsuit itself is generally governed by state law.

If you or a loved one were involved in a truck accident, Consumer Notice can connect you with experienced truck accident lawyers for a free case review.

Liability in a truck accident depends on what caused the crash and the relationship between the people and companies involved. A claimant generally must show that a party had a duty to act with reasonable care, breached that duty and caused compensable harm.

A lawyer may review contracts, dispatch records, payroll documents and insurance filings to identify the proper defendants. They can also research whether there were traffic safety violations. Once the defendants are identified, a lawyer can properly file your truck accident lawsuit.

You may still qualify for compensation if you were partly responsible for the crash, but the result depends on state law. Under a comparative negligence or fault system, the court assigns each party a percentage of responsibility and may reduce the injured person’s recovery by that percentage. Some states bar recovery when the injured person reaches a specified share of fault. A few states follow contributory negligence rules that can prevent recovery for even a small share of responsibility.

For example, if damages total $500,000 and the injured person is found 20% at fault, a pure comparative fault calculation would reduce the recovery to $400,000. Because the rules differ by state, an attorney can explain how local law applies to a specific crash.

Investigations of the accident site are a key part of building your case, and a competent attorney will perform a thorough accident investigation. It’s important to contact a lawyer as soon as you can to help preserve critical evidence.

Many trucks contain event data recorders, known as “black boxes,” that may provide evidence of actions the truck driver did or didn’t take in the moments before the crash. This can help forensic investigators determine how the accident occurred.

To reconstruct the accident, investigators can also examine a variety of other evidence, including the directions and lengths of skid marks, points and angles of impact, and the weight and dimensions of each vehicle. They may even conduct crash tests to try to recreate the accident.

You may have grounds for a truck accident claim if you were injured or lost a loved one because a truck driver or another party acted negligently. A lawyer can investigate the crash, identify the responsible parties and determine which state’s law and filing deadline apply.

Deadlines vary by state and by the type of defendant. For example, claims involving a government-owned vehicle may have shorter notice requirements and deadlines. Missing a statute of limitations can end a claim, so it is important to speak to a lawyer about your case-specific deadline as soon as possible.

A formal lawsuit usually begins with a complaint filed in the appropriate court. The defendants then respond, the parties exchange evidence during discovery and settlement discussions may continue. If the parties cannot agree, the case may proceed to trial.

Truck accident verdicts can be substantial when a crash causes death, permanent disability or other catastrophic harm. Accident cases often settle before they reach trial.

If you receive a verdict, it’s not guaranteed that you will receive the full verdict amount. Trial awards may be reduced, appealed or reversed, and prior verdicts may not predict the outcome of another case, since each one is unique.

Because many settlements are confidential and publicly reported results tend to emphasize unusually large cases, it’s hard to pinpoint a national average. A settlement could cover limited medical bills or be up to seven figures or more. Settlement amounts typically depend on the injuries, available insurance and strength of the evidence.

Because commercial coverage policy limits can be higher than an ordinary auto policy, settlement amounts may be higher for a truck accident than a traditional car accident, especially with catastrophic injuries. However, required limits vary by the carrier’s operations, cargo and vehicle.

The Federal Motor Carrier Safety Administration (FMCSA) explains that insurance requirements depend on the entity, operating authority, cargo and vehicle type. Policy limits may cap what an insurer pays, although additional defendants or coverage may be available in some cases.