Sharing the road with large commercial vehicles can make many drivers feel uneasy, and for good reason. In 2023, more than 5,000 large trucks were involved in fatal crashes. These trucks are heavy and extremely large, often making crashes involving them much more severe.
Types of Trucking Accidents
Big rigs can weigh up to 8,000 lbs, meaning even minor incidents can cause a great deal of damage. Common types of big rig accidents include, among others:
- Rear-end collisions
- Jackknife or rollover accidents
- Underride or override accidents
- Squeeze play and wide turn accidents
- Lost load or shifting cargo accidents
- Sideswipe accidents
For a comprehensive overview of a few of these, see our related guide:
If you’ve been injured in an accident involving a large truck and believe it was due to someone else’s error or negligence, you could be entitled to significant financial compensation for your injuries and other losses.
What To Do First
The absolute best way to figure out exactly what you could recover is to work with an experienced big rig accident lawyer. Don’t delay. Your attorney will need to move fast to make sure evidence isn’t deleted, as trucking companies can quickly repair vehicles or delete important data. Finding the right attorney is essential, as their actions will play a significant role in how your case plays out.
The Importance of Working with an Accident Lawyer After a Truck Accident
Truck accidents can leave you dealing with severe injuries and significant financial losses. You’ll also be faced with confusing insurance policies and complex trucking regulations that are difficult to understand. Having an experienced lawyer on your side ensures you are fully protected and treated fairly during the process. Specifically, here’s what an experienced big rig accident lawyer can do for you and your case:
1. They Understand and Investigate Accident Scenes
Truck accident cases demand more detailed investigation than regular car crashes. Each collision involves not only the drivers, but also potential issues with vehicle maintenance, shipping companies, hazardous materials, poor road conditions, or faulty truck parts.
A qualified attorney will thoroughly examine every factor to piece together exactly how and why the crash happened. This usually involves:
- Crash Reconstruction Evidence: Truck crash attorneys often work with accident reconstruction specialists who analyze vehicle damage, debris, skid marks, and crash data to build a timeline and determine the cause of the accident.
- Electronic Logging Device (ELD): Data lawyers know how to obtain and interpret data from truck ELDs, which record hours driven, speed, and location, which can help prove a trucker violated federal trucking laws/regulations or was distracted.
- Maintenance and Inspection Records: Proving that a truck hasn’t been properly maintained can expose negligence by the trucking company or mechanic. Records of repairs or missed inspections can become essential evidence.
- Driver Qualification Files: A good truck accident lawyer will request the truck driver’s qualification files, which includes information about their training, licensing, and complaint history to see if rules were broken even before your accident took place.
2. They Help You Determine Who to Sue
Many people who have been injured in a big rig accident aren’t sure who to sue, the truck driver or the company. The fact is, sometimes one or both may be responsible. The truck driver can be legally liable for negligent driving, or violating hours of service rules or other requirements. The company can be responsible for their employees’ violations, lack of proper maintenance or ignoring safety requirements. There can even be third parties responsible, like truck parts manufacturers or freight loaders. The right attorney will determine who should be held responsible. Learn more about this topic in our guide, “Who do I Sue in a Big Rig Accident? The Truck Driver or the Company?”
3. They Protect You Against Difficult Trucking Companies and Their Insurance
When you’re involved in a truck accident, the first thing that usually happens is an insurance claim will be filed. While this might sound simple, the insurance adjusters and attorneys who work for these large trucking companies can be very difficult.
Attempting to negotiate without skilled legal help can place you at a clear disadvantage. Some of the tactics an insurance company uses include:
- Delaying and Denying Claims: Insurance companies may use stall tactics, request documentation that isn’t actually relevant or needed, or refuse truck accident claims outright hoping that you give up out of frustration.
- Shifting Blame: Another classic move is blaming the accident entirely or partly on you and taking things you’ve said out of context.
- Making Quick and Unreasonably Low Settlement Offers: You may be offered an amount that covers much less than your true expenses are going to be, hoping you’ll settle before you realize this and speak with a lawyer.
How Lawyers Fight Back Against These Tactics
A truck accident lawyer knows how to secure evidence quickly, send preservation letters to prevent “accidental” loss or destruction of relevant data, counter wrongful blame, and negotiate for what you’re truly entitled to. They also have access to experts to refute the insurer’s narrative.
4. They Have a Thorough Knowledge of Trucking Laws
Truckers and trucking companies are held to rigorous federal and state rules. An attorney specializing in trucking accidents will have an understanding of these rules and be able to identify instances in which they’re violated, which can serve as evidence of negligence. Lawyers tend to review the following:
- Hours-of-Service (HOS): Lawyers will carefully review driver logbooks, ELDs, and trip details to determine if someone exceeded maximum driving times or failed to take the required rest breaks.
- Driver Drug and Alcohol Testing Mandates: Attorneys assess compliance with post-accident substance testing, which is incredibly important if you think the driver was under the influence during the accident.
- Driver Qualification and Training Requirements: Your lawyer will obtain and review company files for evidence that drivers lacked proper training, current licensing, or have a history of compliance errors.
There are many other trucking-specific laws that your attorney will review to determine negligence and liability.
5. They Have Access to a Network of Expert Witnesses
Expert testimony can make or break a truck accident case. Skilled lawyers maintain professional relationships with experts who can testify on your behalf to prove who was at fault for the accident and what compensation you are entitled to. These generally include:
- Accident Reconstruction Experts: They create visualizations, analyze crash evidence scientifically, and testify clearly before a jury to explain how the big rig accident occurred and who was at fault.
- Medical Experts: These experts can explain what injuries you’re facing and why they’re so severe. This will play a significant role in the compensation you’re entitled to for medical expenses and future treatment.
- Life Care Planners and Economists: These professionals can determine actual, long-term financial losses for the most accurate damage calculations in negotiations or court proceedings. If you can’t prove what your losses are, you won’t be able to obtain the right amount of damages.
Ultimately, by putting a skilled truck accident lawyer in your corner, you level the field against large insurance and trucking companies that are trying to limit what they owe you.
How to Choose the Right Lawyer After a Truck Accident: 5 Steps to Take
Hiring the right attorney after a truck accident is one of the most important decisions you’ll make for your recovery and future. It’s well worth taking the extra time up front to ensure you find someone who will help you get what you truly deserve. Below are some of the most important steps you can take in this process:
1. Research Law Firms with Specific Trucking Experience
Don’t just pick any personal injury lawyer to handle your case. Make sure you’re looking for firms that specifically handle large truck accident claims. These crashes have different rules, regulations, insurers, and evidence compared to ordinary collisions. A lawyer with a proven focus on trucking will understand aspects that other lawyers may not even be aware of.
Look at any case results they’ve published related to these types of accidents so you can see some of their outcomes.
2. Check the Firm’s Reputation and Credibility
Before scheduling meetings, review the firm’s Google reviews and Avvo ratings. If you see repeated complaints about lack of follow-up, generic service, or bad outcomes, take those as red flags.
Alongside ratings, verify a lawyer’s good standing on the state bar website to ensure they aren’t facing any disciplinary issues. You want someone with a good reputation and a proven track record of genuinely caring about clients.
3. Schedule a Free Consultation
Top truck accident and catastrophic injury attorneys almost always provide an initial consultation free of charge. Take advantage of this by meeting experienced firms with no commitment. While this takes a little time, it’s incredibly important and shouldn’t cost you anything financially. Have notes for the meeting with details about your case and what you’re looking for in a lawyer or firm.
4. Ask Smart Questions During the Consultation
One of the best things you can do during these free consultations is to ask the right questions and know what to look for in the answers. Here are some important ones you should consider asking:
How many big rig accident cases have you handled?
Don’t be afraid to expect numbers, examples, and stories here. You don’t need to know exactly how many cases they’ve handled, but you need a good idea. Look for someone who’s regularly dealt with these big rig accidents, and not just from reading about them, but from litigating many cases, ideally a mix of settlements and actual trials. Firms with years of real trucking accident experience truly understand every extra hurdle and how to build a successful case.
Who will actually handle my case on a day-to-day basis?
Often, during a free consultation, you will meet with someone who will not actually be your lawyer. This means you could really like the lawyer you spoke with, but end up working with someone else you don’t like as much. Make sure to ask who will be handling your case and with whom you will be in contact on a day-to-day basis.
Have you taken trucking cases to trial?
Working with a lawyer who has trial experience puts pressure on insurance companies and defense lawyers because they’ll know you’re serious and won’t settle for less than what you deserve. Ask about the cases they’ve taken to trial, how they’ve handled them, and what the outcomes were.
Who will I communicate with and how often will I get updates?
It’s essential to have realistic expectations and understand how frequently you can expect to hear from your lawyer or someone else at the firm. Will you be receiving updates directly from our attorney, or will they come from a paralegal or someone else on staff? Will they be emailing, texting, calling, or requesting that you go into the office to speak with them?
There’s no right or wrong answer here, necessarily. You just want to have realistic expectations and make sure you’re comfortable with the firm’s process.
How do fees and expenses work under your contingency agreement?
You want to make sure you understand how they will be charging you. Trucking accident lawyers generally work on a contingency fee basis, which means you don’t pay them anything up front. You only pay them if they recover compensation on your behalf. However, some firms might charge you for expert witnesses and filing fees even if you aren’t successful.
This is something you absolutely need to know before you sign an agreement with anyone. The last thing you want is to think you owe nothing and then get a large bill from the law firm that you have to pay, even if you haven’t been compensated.
Trust Your Instincts
Once you’ve completed your consultations, take a breath and reflect on the meetings. Did the lawyer make you feel heard, from the reception call to the formal meeting? Does the team feel accessible, caring, and confident? How you felt after the meeting can be just as important as any awards the firm has won.
At the end of the day, it’s essential to trust your instincts and go with a Trucking Accident Law Firm that makes you feel comfortable.
Red Flags to Watch Out for When Choosing a Truck Accident Lawyer
Picking the right truck accident lawyer is about finding the right match and knowing what you’re looking for, but it’s just as important to know what to avoid. Here are some red flags you should be wary of if you encounter them during your search:
Settlement Mills
Some firms spend big on non-stop advertising, promising quick resolutions and “maximum results.” Behind the scenes, these are sometimes settlement mills, which are chaotic operations where your case is handled mainly by paralegals or assistants who pressure clients into taking settlements so that the case can be handled quickly and they can take on as many clients as possible.
While you could walk away with some financial compensation here, you’ll never get what you’re truly entitled to, and you will almost certainly not be treated the way you want to be treated.
Lack of Trucking Focus
Trucking law is filled with technical rules and evidence unique to big rigs, such as ELD (“black box”) data, specialized federal driver regulations, and nuances in catastrophic injury insurance. A lawyer who mostly fights minor car crashes often can’t see the whole picture.
If the firm isn’t publishing trucking-specific verdicts, doesn’t know FMCSA regulations during the consult, or avoids questions about freight and log rules, that inexperience could end up costing you a lot of money.
Poor Communication
If a firm ignores you, seems scattered, or takes days to call back at the start of your case, that should be a major red flag. Big rig accidents involve time-sensitive information and complicated claims. Delayed calls may cost you important rights or make a real difference in evidence gathering. Honest and straightforward communication is critical from your first meeting through to the final payout.
Guarantee of Results
A lawyer who guarantees a specific dollar result, quick timeline, or “win” is not being forthright. It’s okay for an attorney to tell you they think you have a strong negligence case and a good chance of winning, but no one, no matter how experienced they are, can guarantee this. The right lawyer can explain how they plan to build your case and why they think it’s going to be successful, but there’s no way they can promise you a specific result.
If something doesn’t feel quite right when you meet with or speak with a firm, keep looking. Our team of experienced trucking accident lawyers will treat you with respect while building a strong case.
What to Expect After You Hire a Truck Accident Lawyer
After choosing a law firm, it’s helpful to know what to expect going forward. The process can be overwhelming, but your lawyer will be by your side every step of the way.
Evidence Preservation
Your lawyer will take immediate steps to ensure all evidence is preserved and obtained in a timely manner. This means making sure black box data doesn’t get “lost,” and video footage of the accident, if it exists, isn’t erased or overwritten.
Comprehensive Investigation
In addition to securing time-sensitive evidence, they will also begin to investigate your case thoroughly. This generally includes interviewing witnesses, securing accident reports and crash site photos, and compiling any evidence that can help prove you weren’t responsible for the accident and are entitled to compensation.
Aggressive Negotiation
If you’re filing an insurance truck accident claim, your lawyer will aggressively negotiate with the other side to try to get you everything you’re entitled to. However, your lawyer will also make sure they’re ready to file your case as a lawsuit if you’re not given a fair settlement offer.
Trial
Most truck accident cases are settled out of court, but in some situations, they will end up in a trial. If this is the case, your lawyer will prepare everything, from expert witness testimony to prepping you to give your own testimony about what happened. They’ll be by your side every step of the way and present a strong case to the judge and jury to give you the best chance of recovering what you’re entitled to.
At each stage of the process, you should feel comfortable reaching out and asking for updates from your lawyer. Ultimately, it’s your decision whether to accept a settlement offer or proceed to trial.
Common Mistakes to Avoid When Hiring a Truck Accident Lawyer
Hiring the wrong attorney can derail your case and cost you thousands in lost compensation. Knowing what to avoid upfront is just as important as knowing what to look for.
Waiting Too Long to Call a Lawyer
One of the costliest mistakes is delaying the search for a qualified truck accident attorney. Trucking companies and their insurers often move fast, deploying their own experts to secure evidence, take statements, and sometimes repair vehicles or delete digital log data in a matter of days. Valuable facts can disappear, crucial documentation can get “lost,” and witnesses’ memories can fade quickly.
Additionally, there are statutory deadlines that can prevent you from filing a lawsuit if you wait too long. The earlier you call a lawyer, the better chance you have to fully protect yourself and your legal rights.
Settling for the First Lawyer You Meet
It can be tempting to hire the first attorney willing to take your call, especially when you’re stressed or in pain. However, comparing a few qualified lawyers can often reveal major differences in communication style, experience, and success rates.
Choosing Based on Lowest Fees Instead of Quality
Looking for a bargain might save you money upfront, but truck accident cases are complicated and require experience, which can come with a higher price tag. While just about every trucking accident lawyer is going to work on a contingency fee basis, meaning they take a percentage of the compensation you win. The actual percentage may be different from firm to firm. Don’t assume that the firm that takes the lowest fee is the best choice.
Assuming Bigger Firms Always Mean Better Results
Many people assume that the biggest, most heavily advertised firms guarantee success, but bigger doesn’t always mean better. In large offices, you may become just another file, with little direct attention from experienced attorneys.
You’re much more likely to get passed off to paralegals or newer attorneys who don’t have enough experience. Sometimes, medium or smaller-sized boutique firms can offer more personal attention and the care and compassion your case really needs.
Choosing a truck accident lawyer can feel like an overwhelming process, but it’s important to do your research and take the right steps to select the right one for your case.
How Can Sepulveda Sanchez Accident Lawyers Help?
The law firm you choose to handle your truck accident case can make a dramatic difference in the results you see and in how supported you feel along the way. At Sepulveda Sanchez Accident Lawyers, we apply our in-depth knowledge and relentless dedication to every single case.
Decades of Experience
Our team has spent years battling insurance companies and major defendants in and out of the courtroom. Our reputation as tough, trial-tested attorneys means opponents take our clients seriously from day one.
Trial-Ready Preparation for Every Client
We treat each truck accident case with the intensity and focus as if it’s going to trial. By building strong arguments early and never settling for less than our clients deserve, we force the defense and their insurers to offer appropriate compensation or prepare for a fight in court.
Representation in Both English and Spanish
Our team is fluent in both English and Spanish, ensuring clear communication and truly inclusive guidance for clients from all backgrounds. We want every client to feel informed and comfortable discussing every detail of their situation.
Tens of Millions of Dollars Recovered for Our Clients
Our case archive speaks for itself. We have secured tens of millions of dollars in verdicts and settlements, reflecting our commitment to achieving life-changing results for the people we serve.
We believe your case deserves a team that sees you as an individual, not just a file number or a dollar sign. We understand how devastating truck crash injuries can be and we go above and beyond to help you get your life back, no matter how challenging or complex your case is.
When you’re ready, schedule your free consultation with a big rig accident lawyer. There are no upfront costs — we work on a contingency basis, so you pay nothing unless we win your case. Call (213) 426-1051 or complete our online contact form to get started.