$100 Million awarded Since 1994 6,000 Satisfied Clients
You're in the right
place. We can help.
free consultation

How We Handle Your Truck Accident Claim

Truck Accident LawyerA truck accident changes everything. With help, you can start picking up the pieces and rebuilding your life.

After a devastating collision with a large commercial vehicle, you need to hire the best truck accident lawyer you can—but how do you choose the right attorney for you? The truck accident attorneys at Console & Associates P.C. have decades of experience and a history of success handling legal matters like yours. Through our meticulous case preparation and our commitment to fighting for all an injured victim deserves, our truck wreck lawyers have secured more than $100 million in compensation for our clients.

Experienced Trucks Accident Attorneys

The commercial truck accident lawyers at Console & Associates P.C. handle all aspects of personal injury claims, from the first investigations of the crash to the settlement or court case, so our clients can focus on recovery and rehabilitation. We make every client we represent our No Fee Promise, so getting the compensation you deserve never has to become a financial burden.

If you’re ready to get truck accident legal help, your free consultation is just a phone call away. Contact us today for a free consultation at (866) 778-5500.

What Constitutes a Commercial Truck Accident?

Commercial truck companies often have insurance policies with higher limits to cover accidents, which are often involve more serious injuries.
Although truck accidents come in different forms, they have one thing in common: the devastation they can cause.

Generally, truck accidents refer to collisions that involve any kind of large commercial truck rather than the average passenger pickup truck. The Federal Motor Carrier Safety Administration (FMCSA) classifies medium-duty trucks as 10,001 pounds to 26,000 pounds and heavy-duty trucks as 26,001 pounds and above.

A semi-truck accident can occur in many different ways, each terrifying and able to cause severe harm. Some of the types of collisions that our truck accident lawyers handle on a regular basis include:

  • Underride accidents
  • Override accidents
  • Head-on collisions
  • Broadside collisions
  • Rear-end collisions
  • Jackknife accidents
  • Rollover accidents
  • Lost load accidents

Commercial truck accidents are different from accidents involving strictly privately-owned passenger cars, not only because of the increased forces of impact but also because of differences in truck accident insurance matters. In some states, collisions with commercial vehicles, including large trucks, waive limitations on lawsuits that might otherwise apply to a situation. While an attorney will need to get to know the specifics of your case to advise on your unique situation, this could mean that there are fewer limitations on your right to pursue compensation.

Another difference between typical car accidents and collisions involving commercial vehicles like large trucks is the amount of insurance coverage available. Commercial vehicles are typically insured by policies with much higher coverage limits than the average private policyholder.

Commercial truck accidents can be devastating. But you don’t need to go it alone. We can help.

What Are the Leading Causes of Truck Accidents?

A look at commercial truck accident statistics shows that different types of truck accidents result from different causes, although negligence is often the underlying cause of the numerous types of truck wrecks. A semi-truck accident lawyer can investigate the causes of truck accidents, which aren’t always apparent in the aftermath of a crash.

The major reasons commercial truck accidents happen include:

  • Mechanical and maintenance problems with the truck itself, which most often include brake problems but may also encompass issues involving the vehicle’s tires, lights, steering system, and engine
  • Speeding, which may occur due to the pressure truck drivers face to meet unrealistic deadlines or to driver fatigue or highway hypnosis
  • Alcohol, illegal drugs, or prescription or over-the-counter medications that impair a truck driver’s ability to operate the large vehicle safely
  • Driver fatigue, which can occur when the truck driver is on the road for long hours, especially if the trucking company insists on violating the FMCSA’s Hours of Service regulations
  • Roadway problems or inclement weather, which become a problem particularly when a truck is not adequately maintained or when the driver fails to adjust their speed, the distance they keep between vehicles, and other aspects of their driving for the road conditions

In the immediate aftermath of a crash, you may not know what really caused the collision—and that’s okay. Our truck accident attorneys will put our investigative skills and, if needed, the services of expert witnesses to work uncovering the truth about your truck accident.

Who Are the Responsible Parties in Truck Accidents?

In a truck accident lawsuit or claim, you would seek compensation from a negligent party that was responsible for the accident. Negligence is the term that describes a breach of duty by some party that had a duty of care, such as a truck driver violating traffic safety laws and in turn endangering others with whom the driver shares the roadway.

Defendant is the legal term for the person being sued in a lawsuit, and plaintiff is the term for the person who is suing. The defendant in a truck accident claim could include any party that can be established to have had a duty of care to the plaintiff and to have acted negligently in a way that constituted a breach of duty.

Who Are the Potential Defendants in a Truck Accident Case?

Potential defendants in a truck accident claim might include:

  • The truck driver
  • The trucking company that employs the truck driver as a full employee
  • A company that hired the truck driver as an independent contractor
  • The owner of the truck or the trailer it was hauling
  • Shipping companies or dock workers involved in the loading of the truck
  • Third-party vendors and contractors
  • Leasing agents
  • Brokers
  • The manufacturer and distributor of a defective truck, trailer, or truck and trailer parts
  • Engineers and designers who led to the manufacture of defective parts or vehicles
  • Any mechanic or company or individual responsible for maintaining the vehicle, if negligent maintenance or repair work contributed to the accident
  • Any government agencies or entities that contributed to dangerous road conditions or allowed these conditions to exist
  • Other drivers who played a role in causing the accident (potentially including the driver you were with, if you were a passenger)

This lengthy list of possible defendants still isn’t exhaustive. In different situations, other parties may be identified as defendants. You may be able to argue that any party is a defendant if you can prove that their negligence contributed to your truck accident.

The Role of Insurance Companies in Truck Accident Claims

Typically, the party that pays legal damages in a personal injury claim isn’t one of the negligent parties themselves but instead an insurance company with whom that party has a policy. As such, one or more insurance companies will probably bear financial responsibility for your accident.

What Factors Demonstrate Liability in Truck Accidents?

Any party determined to have legal liability for an accident is responsible for paying the legal damages that result from the crash. While establishing that the negligent party owed the injured victim a duty of care is part of demonstrating liability, the more complicated part of building a successful truck accident lawsuit is proving the breach of duty of care that led to the wreck.

Generally, a truck wreck lawyer will need evidence to demonstrate liability for a truck accident. Truck accident attorneys look at evidence like the following to indicate liability:

  • Black boxes, electronic recording devices used on large trucks that keep track of data such as driving time, speed, distance traveled, the mechanical status of the vehicle, positions of the steering wheel and tires at the time of impact, usage of cruise control and brakes, airbag deployment, seat belt usage, and even erratic driving maneuvers.
  • Satellite tracking data, like GPS tracking data, can reveal the speed the truck was traveling at the time of and leading up to the accident, as well as when the driver hit the brakes, how sharp the driver took turns, and whether construction, congestion, or other conditions may have existed on the roadway that contributed to the collision.
  • Driver’s logs, written records that commercial truck drivers are required to keep in order to monitor their driving hours, number of miles driven, off-duty hours, and daily vehicle inspections to check compliance with the FMCSA’s Hours of Service and other regulations.
  • Records of driver communications with the trucking company, particularly if they demonstrate that the truck driver consulted with management before calling the authorities or that either the truck driver or the trucking company intended to lie or otherwise cover up the truth about the collision.
  • Vehicle inspection reports that can prove whether the truck driver or trucking company upheld their responsibility to routinely inspect the condition of the vehicle and to perform regular maintenance and needed repairs promptly.
  • Emergency service reports, such as police reports of the accident, that express what happened, what the cause of the crash was believed to be shortly following the collision, and whether the truck driver or any other party was cited for violating traffic safety laws.

Attorneys with the skills to retrieve data stored in a black box device can use this information to demonstrate a truck driver’s negligence, a trucking company’s violation of Hours of Service regulations, or the dysfunction of truck parts or mechanical systems that indicate defective parts or maintenance. Similarly, if a truck driver’s log is missing, filled with inaccuracies, or proven to be falsified, it can substantiate arguments that the driver and trucking company were negligent in violating the Hours of Service regulations.

Each of these types of evidence, sometimes along with accident reconstruction reports created by expert witnesses, can serve to prove liability in a truck accident.

How to Prove Liability for a Truck Accident

The only way to hold a defendant accountable for their role in a truck accident is to prove liability, which is based on negligence. For a party to be negligent, they must have had a duty of care to you, breached that duty, and caused you to sustain damages.

  • In a truck accident, the duty of care is generally to not act in a way that would contribute to a dangerous collision. For the truck driver, the duty may primarily emphasize following traffic safety laws, while for a trucking company, that duty may encompass using safe employment screening practices to hire only licensed and experienced drivers.
  • Different acts of negligence can constitute a breach of duty. A breach of duty on the part of the driver might include speeding, tailgating, or otherwise breaking traffic safety laws. A trucking company might breach its duty of care by hiring inexperienced drivers or encouraging drivers to violate speed limits and Hours of Service.
  • Damages encompass the different types of harms and losses that arise from a personal injury. When you pursue truck accident compensation, you’re seeking money to cover both economic and non-economic damages. A truck accident settlement is money you receive to cover your damages through out-of-court negotiations, while the compensation you would receive if your case went to trial would be called a jury award.

Establishing a duty of care in a truck accident may be relatively straightforward, but the other two elements of a claim require more legal knowledge. Your attorney would likely draw on evidence such as the truck’s black box recording device, the truck driver’s log, and vehicle inspection reports to prove that the defendant breached the duty of care they owed you.

To calculate and document your damages, your attorney would compile all of your medical bills, documentation of lost wages, and other evidence of financial losses pertaining to the wreck.

What If I’m Partially at Fault for the Truck Accident?

In many instances, the defendant will try to argue that you are at fault for the accident. Although this may be true in some cases, it may also be that the defendant is trying to unfairly pin the blame on you to get out of paying the claim, or at least exaggerating the role you played in causing the crash.

Different states have different rules in place regarding a victim’s share of negligence. Some states reduce a plaintiff’s compensation by the proportion by which they were at fault. Others prohibit victims from filing a lawsuit at all if they were even 1% to blame. If the defendant is blaming you for the crash, even partially, it’s more important than ever to prove that they were the negligent party.

When you have experienced truck accident lawyers on your side, they will draw upon the evidence obtained through an investigation to minimize any alleged liability on your part. A skilled auto accident attorney will also use this evidence to demonstrate the full severity and impact of the other party’s negligence.

When Should You Hire an Attorney After a Truck Accident?

Generally, you should hire a truck accident attorney in any situation in which the collision left you with injuries that are significant enough to affect your life. You will likely need truck accident legal help if you have an injury that leaves you partially or fully disabled or had to undertake a long and difficult recovery from a catastrophic injury. However, you should also consider hiring a lawyer if your non-life-threatening injury causes you pain or interferes with your work or hobbies.

Hiring a truck accident attorney is a time-sensitive matter. Evidence like black box data and vehicle inspection reports can disappear. It’s much harder to gather witness testimony when the witnesses have moved, changed phone numbers, or simply forgotten the details of what they saw .The longer you wait to consult an attorney who can launch a thorough investigation into the cause of the crash, the more difficult it becomes to prove negligence.

You pay nothing unless we win for you.

Why Choose Console & Associates for Legal Representation?

Console & Associates Team Contact page imageLegal representation is crucial to getting the money you deserve after a truck accident. In fact, a 2014 study by the Insurance Research Council found that attorneys get their clients 3.5 times more money, on average, than unrepresented claimants get for themselves. Having truck accident lawyers on your side also makes the legal process much simpler, saving you a great deal of time and frustration.

Console & Associates P.C. has an extensive history of obtaining truck accident settlements and verdicts, as well as compensation for other types of auto accidents and personal injury matters. Actual settlement amounts for our truck accident cases include $750,000 in semi-truck accident compensation for an off-duty truck driver struck by another tractor-trailer and a $515,000 settlement for a client who was rear-ended by a commercial truck.

We achieve these results by leaving no stone unturned in our accident investigations, diligently documenting and calculating all of a client’s damages so that their settlement fully covers their losses, and building every client’s case as if it’s going to trial from day one. Because defendants see that we aren’t afraid to take a case to court if necessary, we have been able to get many clients the money they deserve through out-of-court settlements, sparing them the hassle of going to court.

Schedule a Free Consultation

No Fee Promise You Don't Pay Unless We Win Console & Associates PCWhen you trust your claim to a truck accident lawyer, you simplify the legal process for yourself. While you work toward getting better, Console & Associates P.C. handles every aspect of your claim, from the very first interactions with the defendant or their insurance company to the resolution of your case. Throughout the claims process, your semi-truck accident lawyers will advocate for you, keep you informed of your rights and your claim’s progress, guide and represent you in all legal proceedings related to the civil claim, and be a constant resource to consult whenever you have questions.

Injured claimants often expect it to be more difficult to get truck accident legal help than it really is. The commercial truck accidents lawyers at Console & Associates offer every potential client a free, no-obligation consultation and provide no-win, no-fee legal representation, so hiring an attorney for a truck accident claim is always affordable.

For your free consultation, just call (866) 778-5500. today or fill out our secure contact form.

FAQs

What Can a Truck Accident Lawyer Do for You?

A truck accident lawyer represents injured victims in civil claims for compensation against truck drivers, trucking companies, and other negligent parties. A commercial truck accident attorney can handle the hassle of a claim and fight to get you maximum compensation.

Is It Worth Getting a Truck Accident Attorney Near Me for a Minor Accident?

If an accident involves property damage only or involves such minor injuries that the victim didn’t require much medical treatment or suffer any real financial damages or other impact to their life, then no, you don’t need a lawyer.

However, just because your injury wasn’t life-threatening doesn’t mean its effects on your life were truly minor. Before you dismiss your accident as being minor, ask yourself if you are still suffering effects from the collision, and consider speaking to a truck accident lawyer if so.

What Do Lawyers Look for in a Truck Accident Claim?

Truck accident lawyers only consider cases to be viable when they contain all of the elements required to successfully attain a personal injury settlement. Two factors they are looking at include whether the claimant suffered legally recognizable damages that are significant enough to make pursuing a claim worthwhile and whether evidence of the defendant’s negligence can be obtained.

If the victim doesn’t have substantial damages or the investigation shows that the injured person was at fault, the claim for compensation is unlikely to be successful.

Auto Accident References and Resources

Free Case Evaluation Easy. Quick. Confidential. *Field Required