Parker Waichman LLP

Truck accident attorneys are often asked a range of questions by clients seeking legal advice and representation after being involved in a truck accident. Here are some of the most commonly asked questions that individuals may pose to truck accident attorneys:

How can I find a qualified truck accident attorney?

Consider taking these steps to find a qualified truck accident attorney:

  • Ask for referrals from friends, family, or other attorneys.
  • Research online reviews and ratings of attorneys in your area.
  • Contact your local bar association for recommendations.
  • Schedule consultations with potential attorneys to discuss your case.

What should I do at the scene of a truck accident to protect my legal rights?

At the scene of a truck accident, prioritize medical help and safety first. Then, gather information such as the truck driver’s contact details, license plate number, and insurance information. Take photos of the accident scene, damage to all vehicles, and any visible injuries. Avoid admitting fault and limit discussion with others involved.

What information should I gather after a truck accident?

After a truck accident, gather:

  • Driver information (name, license, contact details)
  • Trucking company details
  • Witness contact information
  • Accident scene photos
  • Police report
  • Medical records
  • Insurance policies (your own and the trucking company)

How soon after the accident should I contact a truck accident attorney?

It’s best to contact an attorney as soon as possible after a truck accident. Prompt legal advice can help protect your rights, preserve evidence, and ensure a strong case is built from the start.

Can I sue both the truck driver and the trucking company?

Yes, in many cases, you can sue both the truck driver and the trucking company. Liability may be shared between the truck driver and the trucking company, depending on the circumstances of the accident. It is also possible if relevant to sue the manufacturor.

How does liability work in truck accident cases?

Liability in truck accident cases is determined by examining factors such as driver negligence, truck maintenance, adherence to regulations, and other potential parties involved. Liability may be shared among multiple parties, including the driver, trucking company, and others.

What evidence is crucial in proving fault in a truck accident?

Crucial evidence includes accident scene photos, witness statements, the truck’s maintenance records, driver logs, electronic data from the truck’s black box (if available), police or highway patrol reports, and any relevant surveillance footage.

How long does it typically take to resolve a truck accident case?

The popular belief that all lawsuits will drag on and on is not always true. This question, however, is difficult to answer because a variety of things can affect how long it takes for your case to resolve. A few of these factors include determining liability (who is at fault), severity of injuries resulting in substantial damages, continued medical treatment making it difficult to assess your case’s value, insurance company delay tactics and a crowded court system. All of these factors may play a part in how long your lawsuit may take.

Should I speak to the trucking company’s insurance adjuster without an attorney?

It’s generally not recommended to speak to the trucking company’s insurance adjuster without first consulting with an attorney. Insurance adjusters often aim to minimize payouts, and having an attorney can help ensure your rights and interests are protected during any discussions or negotiations. You should consult with an attorney before any discussions with the opposing insurance company. The opposing insurance company’s interest is in direct conflict with your own. This means that any discussions with them, no matter how friendly the claims representative seems to be, have the potential to harm your claim. Talking to the other driver’s insurance company is rarely to your advantage, and could be very damaging to your claim.

What if I was partially at fault for the accident?

If you were partially at fault for the accident, it may impact your ability to recover damages. However, the extent to which you can seek compensation depends on your local laws. In some cases, you may still be eligible for compensation, but it could be reduced based on your degree of fault. Consulting with an attorney can help clarify your specific situation.

Can I seek compensation for both economic and non-economic damages?

Yes, in many truck accident cases, you can seek compensation for both economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). An attorney can help you assess the full extent of your damages and pursue appropriate fair compensation.

What if the truck driver was driving while under the influence of drugs or alcohol?

If the truck driver was driving under the influence of drugs or alcohol and caused the accident, it can significantly impact the case. Driving under the influence is a serious violation of the law, and it can strengthen your claim for compensation. In such cases, you should contact an attorney immediately to help you build a strong case and seek appropriate damages.

Are consultations free at Truck Accidents Law Firm?

Yes, consultations are free. Do not worry about the cost of your legal consultation. It is also completely confidential.

Will my truck accident case settle or go to trial?

Every case is unique. Some settle before a lawsuit is filed while others go to trial. A case can also settle at any time during any stage of a lawsuit. Most cases settle before trial for a variety of reasons. We evaluate your case and advise you on what we think is best for you.

How do my medical bills get paid?

If you were involved in a truck accident, the primary coverage for your medical bills is likely to be no fault or PIP (personal injury protection). A successful personal injury lawsuit can provide additional funds. 

Is there a time limit to bring a lawsuit after a truck accident?

All states have placed limits on the amount of time you have to file a lawsuit in the state’s civil court system after you have suffered some type of harm. This kind of law is called a statute of limitations, and there are different deadlines depending on what type of case you want to file and what state you are filing in. This is important because if you fail to file your lawsuit before the statute of limitations expires, you may be prevented from doing so.

Do I need to pay attorney fees up front?

Personal injury lawyers generally charge a “contingency fee” to take an injury case. A contingency fee means that the firm will not get paid any attorney’s fees unless you recover money in your case.

How is the amount of compensation for the truck accident attorney decided?

The lawyer or law firm will get paid a percentage of money received from any insurance settlement or jury verdict. The percentage that a lawyer can receive in a contingency fee agreement varies from state to state. The percentage typically ranges from 25 to 40 percent, and 33.33 percent (or one-third) is common. For example, if you have a 33.33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive $30,000. Any disbursements charged to your case are also reimbursed to your attorney upon the successful conclusion of your case

If you have been in a truck accident, contact the truck accident attorneys at Truck Accident Law Firm right away. Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636).