Why You Should Hire a Truck Accident Lawyer?
Accidents involving large trucks—whether referred to as big rigs, tractor-trailers, or semi-trucks—are among the most devastating on the road. The sheer size and weight of these vehicles often result in catastrophic damage, severe injuries, and, in the worst cases, fatalities. While most truck drivers adhere to safety regulations, a small percentage prioritize speed over safety, putting the public at risk.
If you or a loved one has been involved in a truck accident, hiring an experienced lawyer for truck accidents is critical to ensuring your rights are protected, evidence is preserved, and you receive the compensation you deserve.
Understanding Truck Accidents and Their Impact
The Severity of Truck Accidents
Due to their immense size, trucks can cause significant damage in accidents. In Kansas and Missouri, where major highways see heavy truck traffic, truck accidents are a regular concern. Victims often face life-altering consequences, including:
Severe injuries requiring extensive medical treatment.
Permanent disabilities or long-term rehabilitation.
Emotional trauma and mental health challenges.
Financial strain due to lost wages and mounting medical bills.
What Causes Most Truck Accidents?
Truck accidents result from various factors, including:
Driver Error:
Distracted driving (e.g., texting, eating, or adjusting controls).
Fatigue is often due to violations of hours-of-service regulations.
Speeding or aggressive driving.
Impaired driving (alcohol, drugs, or prescription medications).
Mechanical Failures:
Brake issues, tire blowouts, or engine malfunctions are often caused by poor maintenance.
Improper Loading:
Overloaded or poorly secured cargo can lead to rollovers or jackknifes.
Environmental Factors:
Adverse weather conditions such as rain, snow, or fog can exacerbate risks.
Inadequate Training:
Inexperienced drivers may struggle with handling, braking, or maneuvering.
Why Truck Accident Cases Are Different from Car Accidents
Complex Regulations
Truck drivers and companies are subject to stringent federal regulations, including those outlined by the Federal Motor Carrier Safety Administration (FMCSA). These cover:
Hours-of-service limits to prevent fatigue.
Maintenance and inspection requirements.
Cargo securement standards.
An experienced lawyer for truck accidents understands how to navigate these regulations and identify violations that may contribute to liability.
Involvement of Multiple Parties
Truck accidents often involve more than just the driver. Other potentially liable parties include:
The trucking company (for negligent hiring, supervision, or maintenance).
Cargo loaders (for improper loading practices).
Vehicle manufacturers (for defective parts).
Third-party contractors or maintenance providers.
An experienced lawyer can investigate and identify all responsible parties to maximize your compensation.
Higher Stakes and Larger Insurance Policies
Commercial trucks typically carry insurance policies with much higher limits than passenger vehicles. While this means more coverage for damages, it also means the trucking company’s insurers will fight harder to minimize payouts. Having a skilled lawyer ensures you are not pressured into accepting a low settlement.
How a Lawyer for Truck Accidents Can Help
1. Preserve Evidence
Evidence is crucial in truck accident claims. This includes:
Driver logs and electronic logging device (ELD) data to verify hours-of-service compliance.
Truck maintenance and inspection records.
The truck’s black box (Event Data Recorder) to analyze speed, braking, and mechanical function.
Cargo loading documents.
A lawyer can issue preservation of evidence letters to ensure critical records are not destroyed or altered.
2. Investigate Thoroughly
Your lawyer will conduct an independent investigation by:
Visiting the accident scene to analyze road conditions and physical evidence.
Interviewing witnesses to gather unbiased accounts.
Hiring accident reconstruction experts to determine how and why the crash occurred.
3. Determine Liability
Truck accident cases often involve multiple defendants. Your lawyer will identify all liable parties, including:
The truck driver (for negligent driving).
The trucking company (for regulatory violations or poor maintenance).
Equipment manufacturers (for mechanical failures).
4. Calculate Damages
An experienced lawyer will account for both economic and non-economic damages, such as:
Medical expenses (current and future).
Lost wages and diminished earning capacity.
Pain and suffering.
Emotional distress.
Loss of consortium (for loved ones of deceased victims).
5. Negotiate Aggressively
Insurance companies for trucking companies are often well-funded and aggressive. They may attempt to:
Shift blame to the victim.
Downplay the severity of injuries.
Pressure victims into low settlements.
Your lawyer will negotiate on your behalf to ensure you receive a fair settlement. If necessary, they will be prepared to take your case to trial.
Frequently Asked Questions About Truck Accident Claims
1. Is the Trucking Company Responsible if Their Driver Causes an Accident?
In most cases, yes. Under the principle of vicarious liability, employers are responsible for their employees’ actions if they occur within the scope of employment. Trucking companies may also be directly liable for:
Negligent hiring, training, or supervision of drivers.
Failure to maintain vehicles properly.
2. How Long Do I Have to File a Truck Accident Claim?
The statute of limitations varies by state:
Kansas: 2 years from the date of the accident.
Missouri: 5 years for personal injury claims, 3 years for wrongful death claims.
It’s critical to consult a lawyer promptly to preserve evidence and avoid missing deadlines.
3. How Are Truck Accident Claims Different from Regular Car Accidents?
Truck accident claims involve:
Higher insurance policy limits.
Federal regulations that may establish liability.
More complex investigations requiring expert analysis.
4. Can I Sue if a Loved One Died in a Truck Accident?
Yes. Families can file a wrongful death claim to seek compensation for medical expenses, funeral costs, lost financial support, and emotional suffering.
5. What Should I Do After a Truck Accident?
Seek medical attention immediately.
Report the accident to law enforcement.
Document the scene (photos, videos, and witness information).
Avoid speaking to insurance adjusters without a lawyer present.
Contact an experienced lawyer for truck accidents.
Why You Need a Lawyer for Truck Accidents
Truck accident claims are complex and involve high stakes. From navigating federal regulations to fighting powerful insurance companies, having an experienced lawyer for truck accidents on your side is essential. They will ensure evidence is preserved, liability is established, and you receive the compensation you deserve.
At Roth Davies, LLC, our trial attorneys specialize in truck accident litigation and have decades of experience standing up to trucking companies. Contact us today for a free consultation to discuss your case and protect your rights.