When to Hire a Truck Accident Lawyer?

When to Hire a Truck Accident Lawyer?

Accidents involving 80,000-pound trucks can cause catastrophic injuries and massive property damage. Contact a truck accident lawyer to maximize your settlement. When you have a lawyer’s help, you can focus on getting better while they focus on getting you the money you need for your care.

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Serious Injuries

Truck accidents often cause serious injuries requiring extensive medical treatment and long-term rehabilitation. Truck accident lawyers determine injury settlements for patients’ injuries and the care they’ll need for rehabilitation, home modifications, or ongoing medical assistance.

The injuries below reflect the typical injuries that occur after trucking collisions.

Traumatic Brain Injuries (TBI)

Trucks cause life-threatening injuries that can permanently change your life. Even with modern safety features, occupants of passenger vehicles often suffer traumatic brain injuries ranging from minor concussions to severe trauma. These injuries can cause:

• Permanent cognitive impairment affecting memory, concentration, and decision-making abilities
• Personality changes affecting relationships and work
• Speech and language therapy needs
• Balance and coordination problems with mobility
• Emotional regulation issues causing depression, anxiety, or aggression
• Vision or hearing problems requiring specialist treatment
• Sleep disorders affecting quality of life
• Seizures requiring long-term management

Recovery from TBI may require:

• Extended hospitalization in a neurological unit
• Multiple surgeries to drain brain swelling or bleeding
• Intensive rehab with various specialists
• Cognitive therapy to relearn basic skills
• Occupational therapy for daily living activities
• Speech therapy for communication problems
• Psychological counseling for emotional adjustment
• Long-term medical monitoring and medication management

Again, these injuries can range from minor concussions to severe trauma, causing permanent cognitive impairment. Victims may experience memory loss, personality changes, difficulty concentrating, and other long-term neurological problems. Treatment often requires specialized care from neurologists and ongoing rehab for the rest of a patient’s life.

Spinal Cord Injuries

The forces of a truck accident often cause spinal cord injuries. These injuries can cause:

• Complete or partial paralysis below the site of the injury
• Loss of sensation and motor function 
• Respiratory complications requiring ventilator support 
• Bladder and bowel dysfunction 
• Sexual dysfunction 
• Chronic pain 
• Temperature regulation problems 

Secondary Medical Conditions

Treatment and ongoing care may include:

• Emergency surgery
• Extended hospitalization in a spinal unit
• Comprehensive rehab programs
• Adaptive equipment and home modifications
• Personal care assistance
• Regular medical monitoring
• Psychological support
• Ongoing physical therapy
• Specialized transportation

Spinal cord injuries often require multiple surgeries, long-term rehab, and lifelong medical care. Victims may need to modify their homes and vehicles to accommodate their new physical limitations.

Multiple Fractures and Crush Injuries

The weight of commercial trucks can cause crushing injuries and multiple fractures. These injuries can include:

• Complex fractures requiring surgical reconstruction
• Crush injuries causing tissue death 
• Internal organ damage from compression
• Nerve damage affecting sensation and movement
• Joint injuries requiring replacement
• Chronic pain syndromes
• Limited mobility for daily activities
• Long recovery periods

Treatment may require:

• Multiple surgeries
• Extended hospitalization
• Complex pain management
• Physical therapy and rehab
• Occupational therapy for daily living activities
• Mobility aids
• Regular medical checkups
• Future surgeries

Because of the enormity of commercial trucks, crush injuries, and multiple bone fractures often cause the aftermath. These injuries usually require several surgeries, extended hospitalization, and long-term rehab. Some victims may have chronic pain and limited mobility even after recovery.

Internal Organ Injuries and Bleeding

Internal injuries in a trucking accident may cause:

• Ruptured organs requiring emergency surgery
• Internal bleeding requiring immediate attention
• Damage to vital organs affecting long-term function
• Complications from crush injuries
• Secondary infections
• Long-term medical complications
• Organ failure requiring transplant
• Chronic health issues requiring ongoing care

Treatments may include:

• Emergency surgery to repair damaged organs
• Intensive care monitoring for complications
• Blood and fluid management
• Infection protocols
• Pain management
• Imaging to monitor healing
• Physical therapy
• Nutritional support

Internal organ injuries or bleeding often require emergency surgery and extended medical care.

Severe Burns

When truck accidents involve fuel spills or explosions, victims can suffer burns requiring emergency burn center treatment. Patients may experience permanent scars, skin grafting, and ongoing psychological distress.

Severity Levels

• First-degree burns affecting outer skin layers
• Second-degree burns involving more profound tissue damage
• Third-degree burns that destroy all skin layers
• Fourth-degree burns affecting muscles and bones

Initial Treatment:

• Burn unit care
• Fluid resuscitation
• Infection protocols
• Pain management
• Surgical debridement of damaged tissue
• Skin grafting
• Wound care
• Psychological support

Long-term Care

• Extensive scarring requiring revision surgery
• Limited mobility from contractures
• Chronic pain management
• Psychological trauma recovery
• Temperature regulation issues
• Increased infection risk
• Ongoing wound care
• Rehab therapy

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Determining the Costs for Your Care

Besides reviewing the parties at fault, your truck accident lawyer will have to break down the costs of your care. Your attorney will base these costs on your symptoms, the severity of your injuries, and the money you’ll need to cover future expenses. Future costs may include medications, physical therapy, or modifications in the home or with your transportation. 

Economic damages cover the damages an attorney calculates from bills and invoices. Non-economic damages are more subjective and usually cover pain and suffering. An attorney often calculates these damages using an algorithm or multiplier based on the seriousness of your injury (1.5 to 5) and multiplying it by your economic damages.

If your case goes to trial, the jury may determine the non-economic damages based on the factors of your case.

The Trucking Industry and Its Rules

Trucking regulations set the framework for liability and negligence. A truck accident attorney can help you understand your rights.

Hours of Service Regulations

When a truck accident occurs, understanding Hour-of-Service (HOS) regulations is critical to determining whether the driver or trucking company violated these rules and whether that violation contributed to the accident. These rules prevent problems with driver tiredness by establishing driving times and rest periods.

HOS Rules: A Rundown

• Driving time: HOS rules set the maximum hours a driver can drive in a given time frame. For example, a carrier can drive 11 hours in a 14-hour window.
• On-duty time: HOS rules also set the total hours a driver can be on duty, which includes driving time and other work-related activities.
• Rest breaks: Drivers must take mandatory rest breaks, including a 30-minute break in the first 8 hours of driving and a 10-hour off-duty period between shifts.
• Sleeper Berth Rules: Drivers operating vehicles with sleeper berths have specific rules for using the berth for rest.

Determining HOS Violations in Truck Accident Claims

Determining if a truck driver violated HOS regulations requires that an attorney perform a thorough review of various records and data sources:

• Electronic Logging Devices (ELDs): Most commercial trucks have ELDs that automatically record driving hours and other data. An attorney can review ELD data to find HOS violations and see if a driver broke the rules.
• Manual Logbooks: In some cases, drivers record hours and activities using manual logbooks. Truckers must complete logbooks on duty, and trucking companies must review logbooks for discrepancies. An attorney will review these books for questionable information.
• Dispatch Records: Dispatch records reveal a driver’s schedule and trucking activities. Attorneys compare these records to ELD data or logbook entries.
• Other Evidence: An attorney can use other evidence, such as toll receipts, fuel receipts, and witness statements, to support or refute HOS compliance.

Maintenance and Legal Implications in Commercial Truck Accidents

Commercial trucks are big and heavy and pose a risk on the road. Trucking companies must maintain trucks to prevent catastrophic accidents. Therefore, maintenance requirements cover a wide range of component checks:

• Brakes: Due to the weight and momentum of commercial trucks, trucking companies must regularly maintain the brakes. Mechanics should examine brake linings, drums, rotors, and air brakes to prevent collisions.
• Tires: Maintenance personnel should regularly inspect tires, measure the treads for wear, and check the pressure.
• Steering and Suspension: Steering and suspension systems control and support maneuverability. Mechanics should perform maintenance that covers the tie rods, ball joints, and shock absorbers.
• Engine and Transmission: A truck isn’t without an engine or transmission. Trucking companies should perform oil changes, filter replacements, and check for leaks when servicing these parts.
• Lights and Electrical System: Proper lighting helps truckers see the road at night, while electrical systems allow them to communicate. Mechanics should regularly check the headlights, taillights, brake lights, and turn signals.

If a lawyer finds that a mechanic did not perform maintenance or mechanical failures caused the accident, a lawyer can hold the trucking company, maintenance provider, or other party liable for damages.

How a Truck Accident Lawyer Works

A truck accident lawyer will oversee your claim’s financial and legal details.

Experience in Truck Accident Law

Accidents involving commercial trucks are different because they involve several parties. Therefore, a truck accident lawyer conducts a full-scale investigation.

They know federal and state regulations, including hours-of-service rules, maintenance requirements, and safety standards established for the industry.

Investigation and Evidence

Your attorney will conduct a full-scale investigation when collecting evidence in your case. This assessment includes:

• Getting the truck’s “black box” data: This electronic gadget records a truck’s speed, braking system, and steering inputs, all of which a lawyer may use to determine liability.
• Analyzing electronic logging device (ELD) records: Electronic logging devices track drivers’ driving hours. An attorney uses the data to show potential violations contributing to an accident.
• Reviewing maintenance records: An attorney will review the truck’s maintenance history to reveal neglected repairs or faulty components that caused a crash.
• Interviewing witnesses: Eyewitness accounts offer another way to understand what happened during an incident.
• Talking accident reconstruction experts: A lawyer will discuss your accident with professionals who can reconstruct the event and give their opinion on the cause of the crash.
• Reviewing driver qualification files: Attorneys investigate the truck driver’s qualifications, including their driving record, training, and medical certifications, to see if the trucking company missed anything.
• Investigating the trucking company’s safety record: An attorney will review a trucking company’s accident history, violations, and safety practices to determine negligence.

Calculating the Damages

An experienced attorney will work with medical and financial professionals and other specialists to understand your past, current, and future damages. This review includes:

• Medical expenses: These costs include past, present, and future medical costs, hospitalization, surgeries, rehabilitation, medications, and assistive devices.
• Lost income: These damages represent the income you lost due to the accident and the effects on your ability to earn money.
• Pain and suffering: These damages cover the physical and emotional pain, discomfort, and distress the injuries of your accident pose.
• Emotional distress: Certain psychological conditions may qualify for compensation. These conditions may include anxiety or depression.
• Loss of enjoyment of life: The court may give you these non-economic damages if you cannot do some of the things you used to do.
• Property damage: Your attorney will determine the repair or replacement costs in your settlement.
• Punitive damages: In some cases, the court includes punitive damages in the settlement. This measure punishes the responsible party and prevents future bad behavior.

Insurance Company Negotiation

Insurance companies are notorious for their tricks of paying as little as possible. A truck accident attorney will discuss your claim with the insurance company and protect your rights during the claims process. Count on their skills for:

• Interpreting complicated insurance policies: Commercial trucks often have several policies with different policy limits and exclusions. An attorney will find all available coverage and get you the most money possible.
• Countering insurance company tricks: Insurance adjusters may use your statements against you. An attorney will shield you from these tricks and negotiate for you.
• Show evidence: A persuasive case needs good evidence. An attorney will collect and present medical records, expert testimony, and other documentation to support your claim and show the full extent of your damages.

Litigation and Trial

If your lawyer can’t settle, they will take your case to court. They will file the necessary paperwork, perform discovery, and represent you in court.

Contingency Fee

Truck lawyers usually charge a contingency fee. They only receive a percentage of the settlement if they win your case. You don’t have to pay any upfront legal costs. Focusing on recovery is a priority.

Talk to a Truck Accident Attorney

Let a truck accident attorney take on the legal and financial details so you can heal. This step allows you to get the maximum claim amount for your past, current, and future healthcare needs. Talk to a personal injury lawyer immediately.

Schedule A Free Case Evaluation Today!