Injured in a Semi-Truck Accident? Know Your Rights & Legal Options

With big trucks come big responsibilities—or there can be big problems.

Semi-truck accidents are among the most catastrophic collisions on the road. Due to their size and weight, these vehicles can cause devastating injuries and fatalities.

If you or a loved one were injured in a semi-truck accident, you don’t have to face the aftermath alone, and you have legal options. Morgan & Morgan is here to provide information and insights into semi-truck accidents, and when you’re ready to take your first step toward filing a claim, you contact us for a free case evaluation.

Do I Need a Lawyer for a Semi-Truck Accident?

Determining whether you need legal representation after a semi-truck accident is a critical step. Here are key factors that indicate you should consult with an attorney:

Severe Injuries or Fatalities

Semi-truck accidents often result in life-threatening injuries such as traumatic brain injuries, spinal cord damage, broken bones, and internal bleeding. If you or a loved one sustained serious injuries, a lawyer can help you secure fair compensation for medical expenses, lost wages, and pain and suffering.

Disputed Liability

Truck accidents involve multiple parties, including the driver, trucking company, and vehicle manufacturers. If liability is unclear or disputed, an attorney can investigate the accident and hold the responsible parties accountable.

Dealing With Insurance Companies

Insurance companies often attempt to minimize payouts or deny claims altogether. An experienced attorney can negotiate on your behalf and ensure you are not taken advantage of.

Complex Federal Regulations

The trucking industry is subject to strict federal and state regulations. A lawyer with expertise in trucking laws can identify violations that contributed to your accident and strengthen your claim.

How Semi-Truck Accidents Differ from Regular Car Accidents

While car accidents and semi-truck accidents share similarities, there are several critical differences that make truck accident claims more complex.

Greater Severity of Damage

A fully loaded semi-truck can weigh up to 80,000 pounds, significantly more than the average passenger vehicle. This weight discrepancy often results in more severe property damage and injuries in truck collisions.

Multiple Liable Parties

Unlike car accidents, where liability is usually limited to the drivers involved, semi-truck accidents can implicate multiple entities, including:

• The truck driver
• The trucking company
• The cargo loaders
• The truck manufacturer
• Maintenance providers

Federal and State Regulations

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on the trucking industry, including:

• Hours-of-service (HOS) rules limiting driving hours
• Maintenance and inspection requirements
• Weight and cargo securement regulations
• Drug and alcohol testing mandates

Violations of these regulations can play a significant role in establishing negligence in a truck accident case.

Higher Insurance Policy Limits

Trucking companies carry significantly higher insurance policies than individual drivers. While this means there is a greater potential for compensation, it also leads to aggressive legal defenses from insurance companies.

What to Expect During Your Truck Accident Claim

If you decide to pursue a truck accident claim, understanding the legal process can help you prepare for what’s ahead.

1. Investigation and Evidence Gathering

Your attorney will conduct a thorough investigation, which may include:

• Analyzing accident reports
• Reviewing black box data from the truck
• Obtaining driver logs and employment records
• Inspecting vehicle maintenance records
• Collecting witness statements
• Working with accident reconstruction experts

2. Filing an Insurance Claim

Your lawyer will file a claim with the at-fault party’s insurance company, presenting evidence to support your case. The insurance company may offer a settlement, but initial offers are often low.

3. Negotiations and Settlement Discussions

Most truck accident cases are resolved through negotiations. Your attorney will fight for a settlement that covers:

• Medical bills (current and future)
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress

4. Filing a Lawsuit (If Necessary)

If negotiations do not result in a fair settlement, your attorney may file a lawsuit. The litigation process includes:

• Discovery (exchange of evidence between parties)
• Depositions (sworn testimony from witnesses and experts)
• Pre-trial motions
• Settlement conferences
• Trial (if the case is not settled beforehand)

5. Receiving Compensation

If your case is successful, you will receive compensation for your damages. Depending on the circumstances, this may come from the trucking company, insurance providers, or other responsible parties.

How Morgan & Morgan Can Help

Semi-truck accidents are serious events that can alter lives in an instant. 

At Morgan & Morgan, our army of over 1,000 trial-ready lawyers understands your hardship, the unique challenges of truck accident claims, and the importance of securing fair compensation to move on with your life. 

For over 35 years, we have fought For the People, recovering over $25 billion in the process. As the nation’s largest personal injury law firm in the nation with law offices in every state across the country, we may have a lawyer near you who can help.

If you or a loved one has been involved in a truck accident, Morgan & Morgan is here to help. Contact us today for a free case evaluation and let us fight for the justice you deserve.

Frequently Asked Questions

What should I do immediately after a semi-truck accident?

If you’re involved in a semi-truck accident, taking the right steps immediately can help protect your health, safety, and legal rights. Here’s what you should do:

1. Check for Injuries & Call 911

Assess yourself and others for injuries. Even if you feel fine, adrenaline can mask pain.

Call 911 immediately to report the accident and request medical assistance if needed.

2. Move to Safety (If Possible)

If your vehicle is in a dangerous position, move to a safer location without leaving the scene.

Turn on hazard lights to warn other drivers.

3. Document the Scene

Take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries.

Capture license plates, trucking company logos, and any relevant road signs.

4. Exchange Information

Obtain the truck driver’s name, contact details, trucking company, insurance information, and commercial driver’s license number.

Get contact information from witnesses who saw the accident.

5. Do Not Admit Fault

Avoid saying anything that could be interpreted as admitting liability. Even an apology could be used against you later.

6. Seek Medical Attention

Even if you don’t feel injured, see a doctor as soon as possible. Some injuries, like whiplash or internal trauma, may not show symptoms immediately.

7. Notify Your Insurance Company

Report the accident to your insurance provider, but avoid giving a recorded statement until you’ve spoken with an attorney.

8. Contact a Truck Accident Lawyer at Morgan & Morgan

Truck accident cases are complex and often involve large trucking companies with aggressive legal teams. A personal injury attorney can help protect your rights, gather evidence, and pursue compensation for medical bills, lost wages, and pain and suffering.

How long do I have to file a truck accident lawsuit?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

What if the trucking company blames me for the accident?

If the trucking company tries to blame you for the accident, don't panic—this is a common tactic used to avoid liability. Here’s what you should do to protect yourself:

1. Don’t Admit Fault

Even if you feel partially responsible, avoid making statements that could be used against you. Let the investigation determine fault based on evidence.

2. Gather & Preserve Evidence

Document the accident scene, vehicle damage, road conditions, and traffic signals. Collect contact information from anyone who saw what happened. If available, dashcam footage can provide additional proof.

3. Get the Police Report

Request a copy of the official police report, which may include details that support your side of the story. If the report contains errors, work with an attorney to dispute them.

4. Seek Medical Attention

Even if you don’t feel hurt immediately, get checked out by a doctor. Medical records can support your injury claim.

5. Avoid Talking to the Trucking Company’s Insurance Adjuster

The trucking company’s insurer may try to twist your words to shift blame. Refer all communications to your attorney before giving any statements.

6. Hire Morgan & Morgan

An experienced truck accident lawyer can:

• Investigate the crash
• Collect black box data from the truck
• Examine maintenance records and driver logs
• Challenge false claims made against you

7. Prove Negligence on the Trucking Company’s Part

Your attorney may argue the trucking company was at fault due to:

• Driver fatigue (violating hours-of-service regulations)
• Distracted or impaired driving
• Poor truck maintenance
• Improper loading of cargo

8. Fight Back With Expert Testimony

Your lawyer may use accident reconstruction experts to demonstrate what really happened.

The trucking company’s defense is not the final say—strong legal representation can counter their claims and help you seek the compensation you deserve.

How much does it cost to hire a truck accident lawyer?

The personal injury attorneys at Morgan & Morgan work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if your case is successful. That’s right—the Fee Is Free®, and you only pay if we win.

We believe everyone should have access to justice regardless of their bank balance. There are no upfront expenses to work with us, and if we aren’t successful, you don’t owe a dime.

Can I still file a claim if I was partially at fault?

Yes. Many states follow comparative negligence laws, allowing you to recover compensation even if you were partially responsible. However, your settlement may be reduced based on your percentage of fault. An experienced attorney can analyze your specific case and estimate how much fault is yours and what compensation you may be eligible for.

To learn more, contact Morgan & Morgan for a free case evaluation.