Truck Accident Cases in 2022

Morgan and Morgan truck accident attorneys will consider several factors when determining fault. First, of course, the available evidence will be crucial. If you did not get a chance to collect any evidence after the accident, our attorney might also help with the evidence collection process.

Specifically, the attorney will consider:

• Whether the truck accident driver was qualified to drive the truck in the first place
• How many hours the truck driver was working
• What condition was the truck in when the accident occurred
• Whether the driver was intoxicated when the accident occurred
• Whether the driver broke any traffic laws, leading to the accident

And so much more.

Remember that these factors vary depending on the specifics of the accident. When you contact us for a free case evaluation, we will determine the most relevant factors to consider when determining fault for that particular accident.

Many different factors come into play when investigating truck accident cases. First, we will request the driver qualification file from the driver’s employer. Also known as a DQF, this file contains essential information about the driver, including but not limited to their name, licensure information, medical exam certificate, road test results, etc.
 
This file can reveal critical details our attorneys need to know about the truck driver. In addition to reviewing the DQF, we will also collect witness testimonies, revisit the accident scene, check police reports, and even inspect the truck itself.

Throughout the process, we will collect crucial information about the truck accident and use it to build a strong case for the plaintiff. Keep in mind that this is just a standard process; the exact procedure will depend on the specifics of the accident.

There is no specific timeline because each case is different. Generally, it will depend on the duration of the investigations, interaction with insurance companies, court backlogs, how long you or your loved one needs medical treatment, etc.

In most cases, the longer you need treatment, the longer the case drags unless the other party agrees to pay for your future medical expenses and close the case. That said, a typical truck accident lawsuit could take a few months to settle or several years.

After building a strong case, we will identify the party or parties liable for the accident. When it comes to personal injury cases, especially those involving truck accidents, more than one party might be responsible for the injuries.

Depending on the circumstances of the case, we might be able to hold the driver responsible for the accident if they were in control of the vehicle moments before the accident.

The driver’s employer might also be liable. This is especially true if they were negligent when hiring that particular driver. Common examples of negligence by an employer include failing to conduct a background check, driving test, or medical exam.

The company might also claim that the driver was an independent contractor. Sometimes, this is true, and sometimes not. In that case, we will conduct further investigations to establish the truth. And if indeed the driver was an independent contractor, they are required to have some form of insurance to protect them if they cause such accidents.

Lastly, the part manufacturer might be liable if the accident occurred due to a faulty part. In that case, the truck accident attorney will need to work closely with a product liability lawyer to establish the facts about the accident.

Truck accident lawsuits usually have a particular filing deadline. This deadline varies depending on the jurisdiction. In Washington, for example, you have three years from the accident date to file a lawsuit. In Texas, you have two years from the accident date to sue.

Since truck accident cases are complex, it is always advisable to contact an attorney as soon as possible. This gives the attorney enough time to conduct thorough investigations without worrying about the filing deadlines.

It is never advisable to speak with anyone other than your attorney about the accident. You should be even more careful when speaking with the trucking company—they could use anything you say against you during the lawsuit. The same applies to the insurance company. Although they might sound caring, sympathetic, and understanding, their main intention is to find ways to avoid liability or share it with you.

You should always keep this in mind—insurance claims adjusters do not care about you, even if they seem to. Because they work for insurance companies, they will always protect their employer’s interests, not yours.

Firstly, do not be too quick to accept a settlement offer from the insurance company. Usually, the initial offer from the insurer does not reflect the true value of your case. Insurance providers will send this offer to ‘test the waters.’

Secondly, once you accept the offer and sign the settlement agreement, you cannot change your mind and reopen the case. Signing the settlement agreement means you agree to waive your right to seek further compensation against the insurance company for the same injury.

Speak with Morgan and Morgan truck accident attorneys if the insurance company offers to settle the case quickly. You might be surprised to discover that you are entitled to much more than that.

Truck accident injuries vary depending on the severity of the accident. Common truck accident injuries include but are not limited to:

• Spinal cord injuries
• Broken bones
• Burn injuries
• Traumatic brain injuries
• Whiplash

Read more about how Morgan and Morgan whiplash attorneys can help.

Again, the damages you may be able to recover will depend on the specifics of your case. In most cases, truck accident victims recover compensatory damages.

These damages further fall into two subcategories:

Economic damages: These involve loss of money due to the accident. In other words, they cover the financial expenses and losses deriving from the accident. Common examples include medical bills, transportation costs, medical equipment costs, the cost of hiring a caregiver to care for the accident victim, lost wages, loss of earning potential, etc.

Non-economic damages: These damages do not necessarily involve loss of money. However, they are compensable with money. Common examples include:

• pain and suffering;
• emotional distress;
• post-traumatic stress disorder; and
• loss of enjoyment of life.

If the judge or jury concludes that the defendant was grossly negligent, they might award the accident victim punitive damages. These damages are designed to punish the defendant for their gross negligence and warn others against such behavior.

The spouse of the injured individual can also file a loss of consortium claim. This standalone claim alleges that the injuries the victim sustained affected their familial relationship with the individual filing the claim, usually the victim’s spouse.

For instance, suppose you are the injured spouse, and you can no longer have a romantic relationship with your partner. In that case, they can file a loss of consortium claim against the defendant.

If you lose a loved one in a truck accident, you will need to consult an experienced wrongful death attorney.

Read more about wrongful death lawsuits and how Morgan and Morgan can help.

At Morgan and Morgan, we understand how losing a loved one can impact your life. Nothing will ever be the same after such a horrible loss.

Although financial compensation cannot bring your loved one back, it can help cover funeral and other related expenses. Contact a Morgan and Morgan attorney today for a free case evaluation to learn more about your options.

The exact settlement amount you may be entitled to will depend on several factors. Common examples of these factors include:

Nature of Injuries

In most cases, the more severe your injuries, the higher the compensation. For instance, if you need multiple surgeries, you will likely be entitled to more compensation for your pain and suffering. However, it is also important to note that although the nature of your injuries will influence the settlement, the specifics of your case are the ultimate decider.

Your Percentage of Fault

If you played a role in the accident, you might still be entitled to compensation but not the full amount. For example, states like New York use the comparative negligence legal principle, meaning the plaintiff can only recover compensation based on their percentage of fault. So, for example, if you are 30% responsible for the accident, you can only recover 70% of the final settlement.

Strength of the Case

The stronger the case, the higher your chances of settling and for a reasonable amount. This is why it is important to hire a competent attorney with access to powerful legal resources to build a strong case against the defendant.

Follow post-accident procedures if you or your loved one has been injured in a truck accident. This includes calling 911, collecting evidence, gathering witness information, obtaining the other driver’s information, seeking medical attention, and contacting a Morgan and Morgan truck accident attorney.

Do not accept liability for the accident even if you feel you are partly responsible. Similarly, do not sign or accept a settlement offer before speaking with a Morgan and Morgan lawyer.

Here is what makes Morgan and Morgan special:

• We are the largest personal injury law firm in the United States, serving clients from coast to coast
• We have helped our clients recover more than $13 billion as compensation for their injuries
• We have been serving clients throughout the United States since 1988
• We have an army of over 800 personal injury lawyers specializing in different areas of injury, including truck accidents
• You do not pay us anything unless we win
• Our attorneys have courtroom experience
• We do not settle for less than what you truly deserve

You do not need any upfront payment to hire a Morgan and Morgan truck accident attorney; we provide our services on a contingency basis. This means that you can actually get the best legal representation for your injuries without paying a cent unless we win. If we win, we will deduct a small portion of the settlement amount to offset attorney and legal fees.

Morgan and Morgan truck accident attorneys are always ready to evaluate your case for free. All you need to do is fill out our free case evaluation form, even if you are unsure whether your case is valid. When you fill out the form, we will review it and contact you to discuss the next steps.

At Morgan and Morgan, we are available 24 hours a day, seven days a week, to help you obtain the compensation you need and deserve following a truck accident. So do not wait any longer; contact us today to learn more about your legal options after such an accident.