What Does A Truck Accident Lawyer Do?

Truck accidents aren’t just bigger car crashes because they’re far more complex. The massive size of commercial trucks, intricate regulations, and aggressive insurance tactics make these cases uniquely challenging. A truck accident lawyer specializes in navigating this complexity, fighting for victims to secure fair compensation for their injuries and losses.

Most offer free consultations, giving you a risk-free way to understand your options and start rebuilding your life.

What Makes Truck Accident Cases Different?

A lawyer writing notes with a gavel hammer at the foreground. Truck accidents differ from car accidents in several key ways:

Bigger vehicles, bigger consequences: A fully loaded semi-truck can weigh up to 80,000 pounds, leading to catastrophic injuries and extensive property damage.
Multiple liable parties: Beyond the driver, the trucking company, vehicle manufacturer, cargo loaders, or even insurers could share responsibility.
Complex regulations: Federal and state laws, like those from the Federal Motor Carrier Safety Administration (FMCSA), govern driver hours, vehicle maintenance, and safety protocols.
Aggressive insurers: Trucking companies and their insurers often employ teams of lawyers to minimize payouts, putting victims at a disadvantage without skilled legal representation.

A truck accident lawyer understands these nuances and builds a case to counter these challenges.

The Truck Accident Investigation Process

A thorough investigation is the backbone of any successful truck accident claim. Proving fault and securing fair compensation requires a meticulous approach to gathering evidence and analyzing the crash’s circumstances.

A truck accident lawyer dives deep into the details, leaving no stone unturned to build a compelling case. Here’s how we do it:

Gathering Evidence from the Accident Scene

The first step in any truck accident investigation is collecting comprehensive evidence from the crash site. A truck accident attorney ensures that critical details are preserved before they’re lost or altered.

This includes:

Police reports: These official documents provide an initial account of the accident, including the responding officer’s observations, citations issued, and preliminary findings on fault.
Witness statements: Eyewitnesses can offer unbiased perspectives on what happened, such as whether the truck was speeding or swerving. Lawyers interview witnesses promptly to capture accurate recollections.
Photos and videos: Visual evidence, like photos of skid marks, vehicle damage, or road conditions, can reveal key details about the crash’s cause. Lawyers may also seek dashcam footage or nearby surveillance recordings.
Physical evidence: Debris, damaged guardrails, or tire tracks can provide clues about the truck’s trajectory and speed.

By securing this evidence quickly, a lawyer ensures a strong foundation for proving liability and countering any attempts by the defense to distort the facts.

Accessing Truck-Specific Data

Commercial trucks are equipped with advanced technology that records critical information, often referred to as the black box or electronic control module (ECM). These machines record speed and braking patterns, engine performance, and driver behavior.

Obtaining this data requires legal authority and technical expertise, as trucking companies may attempt to withhold or destroy it. A lawyer acts swiftly to issue preservation letters and works with forensic specialists to extract and interpret this information accurately.

Reviewing Driver Logs, Maintenance Records, and Safety Policies

Trucking companies and drivers are subject to strict federal and state regulations, and violations of these rules often contribute to accidents. A truck accident lawyer meticulously reviews key records to uncover negligence, including:

Driver logs: Federal Motor Carrier Safety Administration regulations limit driving hours to prevent fatigue. Lawyers examine electronic logging device (ELD) records to check for violations, such as exceeding hours-of-service rules.
Maintenance records: Trucks must be regularly inspected and maintained. Neglected repairs, like worn brakes or bald tires, can cause accidents. A lawyer investigates whether the trucking company or the maintenance crew cut corners.
Company safety policies: Lawyers review the trucking company’s hiring practices, training programs, and safety protocols to identify systemic issues, such as inadequate driver training or pressure to meet tight delivery schedules.

These records can reveal patterns of negligence, such as a driver with a history of violations or a company ignoring safety standards, strengthening the liability case.

Collaborating With Accident Reconstruction Experts

Complex truck accidents often require specialized expertise to determine exactly how and why the crash occurred. Using evidence like skid marks, vehicle damage, and black box data, experts build a detailed model of the accident, showing factors like speed, trajectory, and point of impact.

Experts analyze whether road conditions, weather, or mechanical failures played a role, ensuring all causes are considered. In court or during settlement negotiations, reconstruction experts offer authoritative reports that clarify liability, making it harder for the defense to dispute the facts.

Determining Liability in Truck Accident Cases

Pinpointing who’s at fault is a cornerstone of any truck accident case. Potentially responsible parties include:

The truck driver for over speeding, or for being distracted.
The trucking company for poor hiring practices or inadequate training.
The truck owner or maintenance crew should make faulty repairs or defective parts.
Cargo loaders for improper loading that causes instability.
Manufacturers (for defective truck components.
Third-party contractors (like logistics firms.

A lawyer proves negligence by showing how a party’s actions, or inaction, caused the crash. Establishing liability is essential to securing maximum compensation for your losses.

Complications Regarding Personal Injury Protection

The Personal Injury Protection (PIP) is a type of no-fault insurance coverage required in Utah for all registered vehicles. PIP is designed to cover medical expenses, lost wages, and certain other costs (like funeral expenses or household services) for the policyholder and passengers injured in a car or truck accident, regardless of who caused the crash.

In Utah, where Valley Law operates, the minimum PIP coverage is $3,000 per person for medical expenses, plus additional benefits for lost wages (up to 85% of income, capped at $250 per week) and other reasonable expenses. PIP ensures quick access to funds for immediate needs, bypassing the need to prove fault before receiving benefits.

Priority of Coverage: If you’re injured in a truck accident while driving your own vehicle, your PIP coverage typically applies first to cover medical bills and lost wages up to your policy’s limits. However, if you’re a passenger, a pedestrian, or involved in an accident with a commercial truck, the situation gets murkier.
Coordination with Other Insurance: After your PIP benefits are exhausted (e.g., the $3,000 medical limit is reached), you may need to pursue additional compensation through the at-fault party’s liability insurance or your own health insurance. Determining when PIP ends and other coverage begins is tricky, especially if multiple parties are potentially liable, and insurers may dispute who pays next, delaying your access to funds.
Commercial Trucks and Exemptions: Commercial trucks often operate under different insurance rules. Some trucking companies carry higher liability policies or self-insure, which can complicate how PIP interacts with their coverage.
Disputes and Delays: Insurance companies may argue over who pays first, especially in multi-vehicle accidents or cases involving out-of-state trucks not subject to Utah’s PIP laws. This can lead to delays in receiving benefits, as insurers may push back on claims or require extensive documentation to prove your PIP limits are exhausted.
Impact on Claims: Many victims don’t realize that using PIP first could affect their overall settlement. For example, if PIP covers initial medical bills, the at-fault party’s insurer might later seek reimbursement (subrogation), reducing your final compensation.

A truck accident lawyer in Utah can clarify these complexities, ensuring your PIP benefits are used correctly and coordinating with other insurance policies to maximize your recovery. They can also negotiate with insurers to prevent delays and protect your right to full compensation.

Handling Insurance Companies

Insurance companies are notorious for protecting their bottom line, often by delaying, denying, or undervaluing claims. A truck accident lawyer:

Negotiates strategically: Pushes for a fair settlement that reflects the full extent of your damages.
Protects you from traps: Advises against giving recorded statements that insurers could use to weaken your case.
Ensures comprehensive coverage: Fights to include all losses, from medical bills to long-term impacts, not just immediate expenses.

With a lawyer by your side, you’re shielded from insurance tactics designed to shortchange you.

Filing Legal Documents and Managing Deadlines

Truck accident cases in Utah involve complex legal paperwork and strict deadlines that can make or break your claim. A professional truck accident lawyer handles:

Court procedures: Prepares and files complaints, motions, and settlement agreements with precision, ensuring compliance with Utah’s court requirements.
Statutes of limitations: Ensures your claim is filed within Utah’s legal time limits.
- For personal injury claims from truck accidents, Utah law (Utah Code § 78B-2-307) sets a three-year statute of limitations from the date of the accident.
- For property damage claims, the limit is four years.
- If the claim involves a government entity, such as a municipal truck, a one-year notice of claim must be filed under Utah’s Governmental Immunity Act (Utah Code § 63G-7-401).

Our lawyers organize and submit all documents accurately to avoid errors that could lead to delays or case dismissal, such as missing filing deadlines or incomplete forms.

Choose Our Truck Accident Attorneys at Valley Law Accident & Injury Lawyers

When you’re facing the aftermath of a truck accident, the path to justice can seem daunting. Don’t navigate this complex legal landscape alone. Our experienced truck accident attorneys at Valley Law Accident & Injury Lawyers are ready to stand by your side, meticulously investigating every detail, leveraging expert testimony, and aggressively negotiating with insurers to secure the maximum compensation you deserve.