Injured in a Truck Accident? Here’s How to Sue

Everything you need to know starts here.

We understand how overwhelming it can feel after a truck accident. The injuries, financial stress, and unanswered questions can make it hard to know where to turn.

If you’ve been involved in a truck accident, you may be wondering where to start when it comes to seeking justice. Fortunately, you’re in the right place.

Morgan & Morgan, the largest personal injury law firm in the country, offers free case valuations where anyone can learn more about their legal options for a truck accident—or any other personal injury claim.

It’s easy to get started; get a free case evaluation now, or read more below before taking your first step toward justice.

Why Truck Accidents Are Different From Car Accidents

Truck accidents differ from typical car accidents in several ways:

• Severity of Injuries: Trucks are larger and heavier, leading to more catastrophic injuries.
• Complex Liability: Trucking accidents often involve multiple parties, such as the truck driver, trucking company, maintenance providers, or manufacturers.
• Federal Regulations: Commercial trucking is subject to federal regulations under the Federal Motor Carrier Safety Administration (FMCSA), which adds layers of complexity to cases.

Understanding these distinctions is crucial when deciding to sue, as the process may require specialized legal knowledge.

Getting Started With a Truck Accident Lawsuit

Step 1: Assess Your Situation

Before jumping into a lawsuit, take time to assess your situation. Here are the key factors to consider:

The Severity of Your Injuries

Truck accidents often result in life-altering injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures. These injuries typically require long-term medical care and rehabilitation, which can lead to mounting medical bills.

Property Damage

In addition to physical injuries, your vehicle may be totaled or require extensive repairs. You’ll want to calculate the total value of your losses to understand the full impact of the accident.

Who Was at Fault?

Determining fault is essential in deciding whether to sue. Was the truck driver negligent? Did the trucking company fail to maintain the vehicle? In some cases, a defective truck part may be to blame. Identifying the at-fault party will shape your lawsuit.

Step 2: Gather Evidence

Evidence is the cornerstone of any truck accident lawsuit. The more documentation you have, the stronger your case will be. Here’s what you should gather:

• Accident Reports: Obtain the police report, as it contains crucial details about the accident, including any citations issued.
• Photographic Evidence: Take pictures of the accident scene, vehicle damage, skid marks, road conditions, and your injuries.
• Medical Records: Keep a record of all your treatments, diagnoses, and medical expenses.
• Witness Statements: If there were any witnesses, collect their contact information and statements.
• Truck Driver Records: The driver’s logbook, training records, and drug/alcohol test results can reveal whether they were following federal regulations.
• Trucking Company Records: These may include maintenance records, hiring practices, and compliance with FMCSA regulations.

Step 3: Understand Your Legal Rights

Truck accident victims are entitled to seek compensation for their losses, but it’s important to understand your legal rights.

Statute of Limitations

Each state has a statute of limitations for filing personal injury lawsuits, typically ranging from one to four years. Failing to file within this window may result in losing your right to sue.

Comparative Negligence Laws

Some states follow comparative negligence laws, meaning your compensation may be reduced if you are found partially at fault. For example, if you were 20% at fault, your damages could be reduced by 20%.

Types of Compensation

Truck accident lawsuits can help you recover:

• Medical Expenses: Current and future medical costs.
• Lost Wages: Income lost due to your injuries.
• Pain and Suffering: Emotional and physical distress.
• Property Damage: Repair or replacement of your vehicle.

Step 4: Determine Who to Sue

One of the unique aspects of truck accident cases is the possibility of multiple liable parties. Here are the common defendants:

The Truck Driver

If the driver’s negligence caused the accident—whether due to fatigue, distraction, or impaired driving—you may sue the driver directly.

The Trucking Company

Trucking companies are responsible for hiring qualified drivers, maintaining their fleets, and ensuring compliance with federal regulations. If they failed in any of these areas, they could be held liable.

Vehicle or Parts Manufacturers

If a defective truck part, such as faulty brakes or tires, caused the accident, the manufacturer might be liable under product liability laws.

Maintenance Providers

If improper maintenance led to the crash, the company responsible for servicing the truck may be held accountable.

Cargo Loaders

Overloaded or improperly secured cargo can make a truck unstable. In such cases, the loading company may share liability.

Step 5: Contact Morgan & Morgan

Suing for a truck accident is not something you should attempt alone. Hiring an experienced truck accident attorney is critical to navigating the legal complexities.

How Morgan & Morgan Can Help

An attorney at Morgan & Morgan can:

• Investigate the accident and gather evidence.
• Identify all liable parties.
• Handle communication with insurance companies.
• Negotiate a fair settlement.
• Represent you in court, if necessary.

Step 6: File Your Claim

Once you’ve hired an attorney, they will guide you through the process of filing a claim.

Insurance Claims

Most truck accident cases begin with filing a claim against the at-fault party’s insurance policy. Your attorney will present evidence to demonstrate liability and the extent of your damages.

Demand Letter

Your attorney may draft a demand letter outlining your injuries, losses, and the compensation you’re seeking. This often serves as the starting point for settlement negotiations.

Negotiation

Insurance companies will likely attempt to minimize your payout. Your attorney will negotiate on your behalf to secure a fair settlement.

Filing a Lawsuit

If negotiations fail, your attorney will file a formal lawsuit and prepare for trial.

Step 7: Prepare for the Legal Process

If your case goes to court, it’s important to understand what to expect.

Discovery Phase

During discovery, both sides exchange evidence, depose witnesses, and build their cases.

Mediation or Arbitration

Many cases are resolved through mediation or arbitration, which are alternative dispute resolution methods.

Trial

If no settlement is reached, your case will proceed to trial. Your attorney will present your case to a judge or jury, who will determine the outcome.

Common Challenges in Truck Accident Lawsuits

Truck accident cases come with unique challenges:

• Dealing With Multiple Defendants
  Identifying all liable parties can be complex, as they may try to shift blame onto each other.
• Insurance Companies
  Trucking companies and their insurers often have teams of lawyers working to protect their interests.
• Proving Negligence
  You’ll need to demonstrate that the defendant’s negligence caused your injuries. This requires compelling evidence and expert testimony.
• Understanding Federal Regulations
  Your attorney will need to analyze whether the trucking company or driver violated FMCSA regulations.

Why Choose Morgan & Morgan?

Morgan & Morgan is the nation’s largest personal injury law firm, with extensive experience handling truck accident cases. With over 35 years of experience, we’ve recovered over $23 billion for our clients. And with offices in every state across the country, we can handle truck accident cases anywhere.

If you’re wondering where to figure out how to sue for your truck accident, the answer starts here. At Morgan & Morgan, we’re here to guide you every step of the way.

Don’t wait—contact us today for a free case evaluation. We charge no upfront fees, and there’s no obligation to work with us.