All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
What Does a Truck Accident Lawyer Do?
Trucking companies have tremendous resources to minimize your claim. After a collision with an 18-wheeler, an attorney can help level the playing field and put more money back in your pocket.
After a truck accident leaves you with devastating injuries, sky-high medical bills, expensive car repairs, and emotional trauma, you will probably wonder: what does a truck accident lawyer do, and do I need one?
A skilled truck accident attorney can work with you to understand the circumstances that led to the accident, review evidence, interview witnesses, gather reports, and negotiate with insurance companies on your behalf to ensure you receive maximum compensation. However, not all truck accident attorneys are created equal. If you’re unsure where to turn in the frantic moments following an accident, make your first call the right call–make it Montlick.
Call our offices today to speak directly with an attorney and schedule your free consultation.
How Can a Truck Accident Lawyer Help?
A truck wreck attorney can help prove that the other driver who was involved in the accident was negligent and caused the accident. Proving their negligence may be a challenge depending on the factors that played a part in the crash. But don’t worry; Montlick’s team of diverse legal talent will go above and beyond to explore every detail of your case to determine fault, liability, and negligence. Negligent acts when driving may look like:
- Driving while sleepy or tired
- Speeding
- Driving a vehicle with defective parts
- Distracted driving (i.e; texting, answering a phone call without a hands-free device, using a GPS, eating, or drinking)
- Driving under the influence of alcohol and/or substances
- Tailgating
- Ignoring traffic signs and signals
A truck accident attorney will work to prove negligence through various methods like obtaining a police report, getting statements from the police that were on scene and other witnesses, gathering evidence such as video camera footage and photographs, and examining property damage. With these in hand, an attorney can build a rock-solid case that the defense will find hard to beat.
Do I Need a Truck Accident Lawyer?
In 2022, there were 5,837 large trucks involved in fatal crashes, accounting for 6% of all vehicles in fatal crashes. The majority of this number was made up of other vehicle occupants. Similarly, the highest number of deaths came from multi-vehicle crashes, according to the National Safety Council.
You know the other driver was responsible, but how can you prove it? What if the more you think about it, the more unclear the fault is? What if their insurance company is trying to strong-arm you into settling or place the blame on you? In instances like this, the support of an attorney is incredibly valuable.
If the crash caused severe injuries, temporary or otherwise, obtaining legal representation is a crucial step in ensuring you receive the absolute maximum amount of compensation. First responders will do their best to examine you on scene and treat any injuries they find, but not all problems may be visible. Internal injuries pose an extremely dangerous risk that could be overlooked if not properly examined in a hospital.
The pure impact from a tractor-trailer, semi-truck, construction truck, or any other large trucking accident has the potential to cause severe injuries such as traumatic brain injuries (TBIs) or spinal cord injuries that may result in limitations to your cognitive and physical function. Even a broken leg, which seems minor in comparison to a TBI, could cause never-ending issues. Truck wreck attorneys can handle all types of injury cases, such as:
- Joint injuries of the shoulder or knee
- Whiplash
- Head and neck injuries
- Disfigurement
- Internal organ damage
- Decapitation
- Amputation
- Spinal cord injuries (paraplegia or quadriplegia)
- Brain damage impacting cognitive functioning
- Dislocations and hyper-extensions
- Wrongful death
Seek prompt medical care to receive a complete check-over to ensure you can return to your routine as soon as possible and prevent any long-term medical complications. If the injuries have left you out of work, with an overwhelming amount of medical bills, in excruciating pain, or more, you deserve representation that will go above and beyond to help you.
Studies have shown that those who seek legal representation obtain higher compensation than those without. In situations where severe injuries have occurred, the fault is unclear; there are complex insurance claims, or in other circumstances, such as the involvement of a rideshare company, there may be more than one liable party. By nature, such cases are more difficult to investigate, making a lawyer highly recommended. One of our truck or construction accident attorneys will help ensure you receive:
- Medical expenses (both current and future)
- Lost wages
- Loss of earning capacity
- Vehicle damage
- Emotional distress
- Physical pain and suffering
- Wrongful death payout
Our truck accident attorneys are here to help you in whatever way they can. They’ll gather evidence to show what happened in the moments leading up to the accident and will even work with reconstruction experts to prove your case. It’s our attorney’s job to leave no shadow of a doubt that the truck accident was not your fault.
While you focus your attention on healing your mind and body as much as possible, our truck accident attorney will take care of your cases logistical concerns including insurance and legal necessities.
How a Truck Accident Lawyer Can Help You Win
Right now, you’re probably wondering, “How can a truck accident lawyer help me?” We can’t speak for what the other guys might be able to do, but we can fill you in on our abilities. A Montlick attorney will work aggressively to show that the other involved driver(s) were negligent and violated the road rules, thus causing the accident.
Our team will work fast to preserve the critical evidence in your case that will help us prove this in court. Some ways Montlick truck accident attorneys will preserve evidence after a truck accident include:
- Photographing and recording the scene: We’ll document visible damage to the vehicles involved in the crash and any marks left on the road. An attorney will note the weather conditions, road conditions, or other factors that may have contributed to the accident, such as potholes, obscured signs, or animal crossings.
- Interviewing witnesses: Your attorney will work diligently to track down witnesses with valuable recollections of the accident. This could include other motorists, pedestrians, and first responders.
- Collecting medical records: Medical records are essential for establishing what you are owed. We will work with your doctor and the EMTs who were at the accident to preserve your records and ensure they can be used in your legal proceedings.
- Gathering truck records: Montlick will collect personnel records from the company to verify the driver’s credentials, bills of lading for the cargo, and truck maintenance records to ensure we have as much information as possible.
- Getting a court order for hours of service (HOS) logs: The Federal Motor Carrier Safety Administration (FMCSA) requires all truck drivers to keep an HOS for their driving and rest time. This is meant to discourage drivers from driving while feeling drowsy or tired. We’ll ensure to get a copy of it and use it while building your case.
- Securing black box data: Information contained in a truck’s black box can be crucial in determining the cause of the accident and assigning responsibility. Companies may attempt to wipe the data to cover their tracks– we won’t give them the chance.
The Importance of Black Box Data
All large trucks are equipped with a black box or electronic control module, a computerized system that monitors driver safety, records crash data and tracks the vehicle. The data on a black box is priceless in truck accident cases as it can help relay the events leading up to the crash. Black boxes record the speed at which the truck was traveling, the force of impact, breaking patterns, and presence of mechanical failures, which can be used to:
- Prove the level of potential damage and related personal injury
- Figure out if the truck driver was driving recklessly or erratically
- Determine if the driver acted negligently by ignoring warning lights, which led to the truck accident
A Fierce Lawyer Can Take on Trucking Corporations and Win Big
When you’ve been involved in a trucking accident, more than likely, a big company is behind the driver of the vehicle. Trucking companies employ hundreds of people and are responsible for hauling cargo nationwide. As a result, they’ve got an entire stream of lawyers at their disposal and more insurance coverage than we can count. Trucking corporation lawyers have one goal: minimize what their clients have to pay you by any means necessary. But Montlick has a goal, too– fight tooth and nail for your right to compensation.
Our lawyers, including construction truck accident lawyers, will work diligently to investigate your case from every angle. Make no mistake, the trucking company and its associates are not above trying underhanded plays to ensure they pay you as little as possible. We’ll do everything in our power to ensure they fail. Tactics they may attempt include:
- Manipulating logbooks: Drivers and companies must track critical issues based on hours of service and maintenance concerns. However, trucking companies have been known to falsify those logs.
- Hiding vehicle damage: Big companies will attempt to hide damaged trucks by quickly repairing them and putting them back in service, acting like the accident never happened. This removes any evidence, and onboard data recorder information is lost.
- Dodging Responsibility: Companies might try to distance themselves from the truck driver by claiming they were independent contractors, not employees. This is so they can avoid liability and limit the amount they must pay.
- Shifting blame: Finally, big companies and their lawyers often try to shift responsibility to the victims of the accident. This is the worst and most insulting thing they can do, but it’s all about avoiding payment.
A Truck Accident Lawyer Knows The Complexity of Different Accidents
According to the Institute for Safer Trucking, in 2021, Georgia was among the four worst states for truck crashes, with 244 fatalities. In the same year, there were more than 115,000 incidents involving a speeding trucker. The reasons why you need a truck accident lawyer may vary. Luckily, Montlick has an expansive roster of attorneys who practice in different kinds of accidents. Our attorneys are ready to defend victims of all types of trucking accidents, including:
Commercial Truck Jackknife Accidents
These accidents occur when a driver brakes too hard or takes a curve too fast, forming a 90-degree angle in the shape of a “V.” They are particularly dangerous due to the vehicle’s size and unpredictability.
Rollover Accidents
A rollover accident occurs when a truck tips over onto its side, potentially spilling cargo. This accident is hazardous as it can cause traffic blockage or collisions. The Federal Motor Carrier Safety Administration conducted a study that revealed most rollovers were caused by a failure to adjust speed on curves, with other causes including inattentiveness, sleeping, distractions, and over-steering/overcorrecting.
Logging Truck Accidents
One of the most common forms of trucking accidents involves logging trucks. These trucks usually crash if the driver is fatigued, unfamiliar with the road, speeding, or carrying an oversized load. Due to the size of their cargo, logging trucks are especially dangerous, as they can’t stop in time to avoid collisions and leave hazardous debris scattered about. This could cause other drivers to lose control and cause a larger crash.
Drowsy Driving Accidents
The long hours truck drivers spend on the road make it difficult for many to stay focused and alert. When they begin feeling drowsy, they risk making poor decisions that could lead to a catastrophic crash. The AAA Foundation for Traffic Safety reported that drowsiness is responsible for 328,000 accidents annually.
Tire Blowout Accidents
A dangerous accident is just waiting if trucks aren’t properly maintained, especially their tires. Losing a tire to a blowout makes a difficult vehicle even harder to control. This incident will likely end in a crash even for the most confident driver. It could have multiple liable parties.
Drunk Driving Accidents
Operating a vehicle of any size while under the influence is dangerous. Operating a large truck while drinking is incredibly selfish and reckless. Not only do truckers who do this put their own lives at risk, but others on the road who have no idea what they’ve been up to. Alcohol harshly limits focus and inhibits motor skills, making drunk drivers prone to speeding, tailgating, and being unable to stop in time to avoid obstacles.
Wrongful Death Cases
If you have unfortunately lost someone you love in a trucking accident caused by another party’s negligent driving, we’re sorry. Nothing we can say or do can ever fully take that pain away. However, we may be able to help ease the burden of your loss by pursuing damages for wrongful death. These damages include:
- Medical expenses incurred before deathFuneral costs
- Loss of companionship and support the deceased person provided
- Loss of consortium
- And more
Not Just Any Truck Accident Lawyer Will Do–Choose Montlick.
One size does not fit all when it comes to legal representation. You need a team you can rely on to dig in and do the work, no matter how long it takes. A team that doesn’t shy away from a fight (in court). A team that will be empathetic and understanding towards you but show the opposition an aggressive defense. You need Montlick Law.
Excellent legal representation is a right, not a privilege. At Montlick, we take this belief so seriously that all of our services are provided on a contingency-based fee. This means that we only get a paycheck if we win your case. It’s a good thing for us; winning is what we do best.
Don’t let the negligence of another ruin dim the bright light of your future. If you have been injured in a truck accident, (1-800-529-6333) from your mobile phone.
Call today to schedule a free consultation.
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We win the peace-of-mind you need to get your life back.
At Montlick, we believe comprehensive legal representation is a right, not a privilege. That’s why we provide our services on a contingency fee basis. You only pay when we win.