Semi-Truck Accident Lawyers

What Compensation Can I Receive in a Truck Accident Lawsuit?

When a commercial truck collides with your vehicle, the devastation can be immense. Your vehicle is likely totaled beyond repair. Your body may have sustained injuries that never fully heal, like head, back, and neck injuries that jeopardize your spinal cord and mobility. You may have lost a loved one, and their unique companionship and support can never be replaced.

After a truck accident, there are tangible benefits that can be gained by filing a lawsuit, including:

• Payment for medical bills, from the initial emergency response to ongoing care like physical therapy or pharmaceutical prescriptions
• Reimbursement of lost wages used sick and vacation days, lost employment, lost earning capacity (especially in burn, brain, or spine injury cases), and lost job-related benefits like retirement contributions and health insurance
• Compensation for pain and suffering, which entails both the physical pain caused by injuries, the emotional pain caused by untimely deaths, and the psychological anguish of resulting conditions like post-traumatic stress disorder (PTSD)

Truck accident statistics can be disturbing. It is overwhelmingly the non-truck drivers and passengers who lose their lives in these crashes. If you have lost someone due to a truck accident, you may be entitled to file a wrongful death claim with Fried Goldberg as your champion in the courtroom.

What Should You Do After a Truck Accident?

You should understand that the steps you take after a truck accident not only ensure your safety but also help protect your legal rights. Although the situation immediately following an accident can be stressful, you should take the following steps to the best of your ability:

• Seek medical attention immediately: If you are injured on the scene and unable to take care of yourself, wait for first responders to arrive and be sure any injuries or medical conditions are given the attention they need.

Even if you don’t feel injured, you should seek medical attention at a hospital afterward, as some injuries like traumatic brain injury (TBI) might not manifest until later. Failure to seek medical attention could actually affect your ability to collect damages in the long run. 

• Contact local authorities immediately: After a truck collision, you should call 911 right away to contact the authorities. That way, a police report can be filed, statements can be recorded, and the police can begin the preliminary steps of their investigation. When a lawsuit is filed, the police report can provide valuable information about the accident.
• Reach out to a lawyer: You will want to get in touch with a truck accident lawyer as soon as you are able to. An attorney can help you deal with insurance agents, and can act as your go-between so you’re not corresponding directly with the other side.

The sooner you reach out to an attorney, the sooner they can help you with any legal requirements or forms.

• Gather important evidence: If you are able to, collect any relevant and important evidence from the scene while you’re still there. This can include photos of any damage, skid marks, and notes of details like the time of the incident and road conditions. If you’re injured and unable to, don’t worry — it’s the job of an attorney to fully gather and prepare evidence for trial.
• Don’t discuss fault or liability: Make sure not to admit to any fault when speaking with the other party or with an insurance representative. You may need to exchange contact information, but remember that any statements you make regarding fault or liability could be held against you in upcoming legal proceedings.

A truck accident can be a traumatic experience and recovery from injuries can last days or even weeks following the original incident. When you’ve sustained a personal injury as a result of a trucking accident, you will want to contact a semi-truck accident attorney as soon as possible to discuss your legal options.

An attorney can gather the evidence necessary to put together a truck accident lawsuit on your behalf. Insurance companies will often want to settle a claim as quickly as possible, which often does not allow for the full coverage of costs for the injuries sustained.

Our team of truck accident lawyers will gather all the necessary information, such as accident reports, driver’s logs, truck maintenance records, and accident-related costs, to build a strong case on your behalf.

We will fight for the maximum amount of compensation owed to you.

What Are the Causes of Truck Accidents?

There are multiple factors that can contribute to a trucking accident. A motor vehicle accident that involves a commercial truck is much different than when the accident involves two passenger cars. The size and weight of a commercial truck have a huge impact on the amount of property damage and the seriousness of injuries that can arise out of this specific type of accident.

Truck drivers are obligated to abide by specific federal safety regulations when they are on the road. When these are not followed, accidents happen. Occurrences of trucking accidents often occur due to:

• Driving when fatigued
• Reckless driving (especially during adverse weather conditions)
• Defective equipment
• Improperly secured loads or loads that exceed a truck’s maximum capacity
• Unsafe passing

Fatigued driving remains one of the top reasons that commercial trucks are involved in auto accidents. There are strict regulations in place to ensure that truck drivers are receiving adequate amounts of restful sleep between the long hours traveling on the road. Failure to properly log these breaks or rest times is against federal safety regulations and puts everyone in danger on the road.

What Are the Unique Dangers of Commercial Trucks?

There are also separate dangers possible when operating a commercial truck versus a regular motor vehicle. For example, it takes longer for a truck to be able to fully slow down or brake than a car. This means that cutting in front of a truck or weaving in and out of traffic can easily lead to an accident on the road.

A commercial truck should maintain a proper distance between vehicles to prevent this from happening.

It is up to each truck company to properly train its drivers and keep updated records of vehicle maintenance, changes in safety guidelines, and any other information that is relevant to providing safety on the road. When an accident occurs, both the driver and his or her truck company can be held liable for damages.

In addition to handling cases that involve commercial trucks on the road, we also handle cases that involve RVs and tractor trailers. These types of cases are unique in nature and can be prevented when implementing the right safety measures. These types of cases are often due to vehicle rollovers, faulty equipment, or driver negligence.

How Are Truck Accidents Different from Car Accidents?

Accidents involving a large commercial truck are different from those between two passenger vehicles in many distinct ways. These differences are why it’s important to hire attorneys who specifically handle truck accidents, not just standard car accidents.

Some of the main differences between truck accidents and car accidents include:

• Size differences: Commercial semi-trucks are massive, and can weigh 80,000 pounds or more, which is around twenty times the weight of an average car. This means that damage to the car and injury to the car driver will usually be much greater than for the truck.
• Severity of injuries: Injuries will typically be much more severe in a truck crash than a standard automobile collision. For instance, whiplash can happen in either situation, but in a truck accident, a whiplash accident can be extremely debilitating and can lead to more permanent, life-long damage.
• Property damage: As mentioned, the overall size and weight of a big rig truck are several times more than that of a typical car. This means that any surrounding objects are going to be more damaged and affected. For instance, a semi-truck can often barrel through a median and cause damage to multiple cars in the opposite traffic lanes.
• Increased chance of fatalities: Commercial truck accidents are much more likely to cause a fatality than a crash between two small cars. The Federal Motor Carrier Safety Administration (FMCSA) reports anywhere from 4,000 to 5,000 truck accident fatalities each year. These cases can involve additional legal elements that need the guidance of an experienced truck accident attorney.
• Higher medical bills: Semi-truck accident victims typically spend a longer time in the hospital. They may be unable to work for extended periods of time, and many may require additional treatment and therapy. At Fried Goldberg, we work hard to ensure our clients receive the compensation they deserve to cover such losses.
• Commercial insurance: Trucking companies may work closely with commercial insurance adjusters whose job it is to ensure a minimal payout. For instance, they may offer a seemingly attractive payout, while in reality your case is worth much more. Having a trusted semi-truck accident lawyer on your side can help ensure your legal rights are protected.
• Complexity of the accidents: Trucking accidents can often be more complex due to the nature of the trucks. For instance, their trailers often behave in specific ways, and jackknife accidents are common. Semi-trucks may also carry dangerous cargo or chemicals that can spill.

In the past, trucking accidents were often litigated in much the same way as ordinary passenger vehicle accidents. However, thanks to the groundbreaking work of Joe Fried and other Fried Goldberg attorneys, trucking accident litigation now takes into consideration the special nuances involved in such incidents.

Who Can Be Held Liable for a Truck Accident?

Various parties may be held liable for truck accident injuries. These are discussed below.

Truck Drivers: In most instances, the truck driver may be held directly responsible or liable for an accident they caused. This is often the case when they have broken the rules of the road, such as if they were speeding, running red lights, failing to signal, driving while drunk, or other violations.

Depending on the details of the case, there may be more than just the drivers who are held responsible for being at fault. Although truck drivers are directly accountable for the accidents they cause, liability might also apply to the company the driver works for, the company the shipment is being delivered to, or the company that loaded the truck.

Trucking Companies: Truck companies must ensure that their vehicles are in good working condition and have been properly inspected and maintained. It is also the responsibility of a driver and the trucking company to ensure that log books are being properly updated and protocols are being followed.

Owner-Operators: Owner-operators are people who own their own commercial vehicle and operate under independent contracts. Although they may work for or partner with larger companies, they can be held personally responsible if they fail to take all safety precautions required for truck operations.

Drivers of Large Personal Vehicles: Drivers of RVs or personal tractor trailers must also establish the proper type of experience to operate such large vehicles. They, too, must abide by the rules of the road, but also have additional factors to consider when driving due to the size of their vehicle.

Co-Drivers: In certain cases, drivers travel in teams. One person will drive the truck while the other person rests and then they switch. When there is a trucking accident that involves a co-driver, this person may also be able to sue the actual person driving at the time and the trucking company, if they are injured.

Cargo Loaders: Parties who load cargo onto semi-trucks have a duty to ensure the load is the proper weight and that it is secure. If an injury occurs because the cargo was loaded in a careless manner, the cargo–loading personnel might be held liable. This also includes hazardous cargo such as toxic chemicals.

Vehicle Manufacturers: Truck manufacturers have a legal duty to provide and produce vehicles and parts that are safe for operation. If an accident results from a manufacturer’s negligence, they may be held liable for damages.

Road Crew: Trucks often work in tandem with highway work crews or road crews. For instance, they may often exit and enter traffic going to and from a construction site. If the work crew is negligent somehow (for instance, in directing traffic or failing to provide a “Stop” or “Slow” sign), they might be held responsible for damages.

These cases can be somewhat rare, but when they do happen, they have the potential to affect several cars, as the entire flow of traffic may be affected.

Thus, many different parties can be held liable for causing truck accident injuries. In some instances, more than one party can be held responsible, especially in complex truck accident claims. Sorting out liability is a difficult task that is best handled by an experienced trucking lawyer.

What Evidence Can Be Used to Prove Trucking Negligence?

Proving negligence in a trucking accident requires clear evidence to support the claims. A trucking accident lawyer will know how to gather, compile, and present evidence to form the strongest case possible for the injured party.

Various forms of evidence can be used in a trucking lawsuit, including:

• Photos and videos from of the accident site
• Physical evidence such as broken pieces of the vehicles
• Skid marks and collision marks from the impact
• Statements from witnesses present at the scene
• Police and medical reports
• Assessments from medical experts and accident reconstruction experts
• Trucking company logs and records
• Data from commercial truck “black boxes” that record travel information

A skilled attorney will be able to examine the evidence to determine things like liability, causation, estimates of damages amounts, and other analysis. Choosing the right attorney is essential for the outcome of your case.

How Long Does It Take to Settle a Semi-Truck Accident?

When you sue a trucking company, there is no one answer to questions about how long the case may take to settle. It could take as little as 6 months or several years. The factors include whether negotiations with the company go well, how much evidence is available regarding the cause and fault of the accident, and the number of parties involved.

However, if the other side refuses to deal fairly, if they insist on going to trial in an attempt to intimidate our team of truck crash attorneys, we won’t back down. We will see your case through to the end.

Settlements can come at different times, even during a trial before the final verdict is decided. The settlements that come later are often higher than the initial offer when the opposing side realizes that we’ve come prepared to hold them accountable.

Download a copy of the “Breakdown of Deaths Caused by Large Truck Accidents” here.

Do Semi-Truck Accident Cases Go to Trial?

A commercial truck accident case may go to trial, but your attorney from Fried Goldberg can manage trial preparation so that it doesn’t interrupt your life.

Though trials tend to take longer than negotiating a settlement, the financial awards can often be much higher because a judge or jury has more discretion to order extra damages. For instance, on top of the compensation, your injuries and losses deserve, additional amounts in the form of “punitive damages” may be added to your total, money that can help secure your family’s future financial stability.

You need not fear a trial with Fried Goldberg on your side. Contact us at (877) 591-1801, and have confidence knowing that whatever your case requires, we are ready to see it through to your satisfaction.

Should I Call a Truck Crash Lawyer​ or Insurance First?

You should speak with an attorney before you talk to an insurance company. The sooner you have a legal professional on your side, the harder it is for insurance representatives to take advantage of your situation.

Insurance companies are businesses first and foremost. Their job is to make a profit. Paying out on your legitimate claims cuts into those profits. Regardless of the fact that they are contractually obligated to issue the coverage you’ve paid for, they will try to find a loophole out of the agreement. One way to do that is to lowball you and hope that you’ll agree to accept less than what you deserve and are entitled to receive.

How Long Do I Have to File a Truck Accident Lawsuit?

There is a time limit on how long you have to file an injury case after a truck accident. These laws are known as “statutes of limitations” and are different in every state. In Georgia, where Fried Goldberg is headquartered, that deadline is 2 years from the date of the accident.

For many who are dealing with life-altering injuries, 2 years is a very short amount of time. That is why we encourage you to contact our trucking accident attorneys at (877) 591-1801 as soon as possible — let us compile the paperwork, build the case for negotiation, document the evidence, and meet all the relevant deadlines on your behalf. Your time is better spent healing, enjoying the company of your loved ones, and moving on with your life as best as possible.

Truck Accident FAQs

At Fried Goldberg LLC, our truck crash attorneys have devoted many hours of research and study of state and federal trucking laws. We have written a book outlining these very regulations and have litigated against numerous trucking accident claims throughout the Eastern region.

Our lawyers have been litigating truck accident cases for decades, negotiating robust settlements, and achieving justice in court. We know what your injuries are truly worth, and how to prove it with receipts, data, and evidence.

Contact our offices at (877) 591-1801 before speaking with an insurance company representative or signing any agreement or statement. We will make sure your rights are protected every step of the way.

Client Reviews

“Brad Thomas did an amazing job representing me.  I could not have asked for a more professional and courteous lawyer.  He kept me informed from start to finish.  Thanks again Brad!!!”
– Michele S.

“Brian thoroughly handled every aspect of my case with quality care. His experience and superior research and analytics greatly benefited the outcome of my case. He is delightfully personable and especially easy to trust. I recommend him highly if you should need an incredibly competent trucking attorney!”
– Joya H.