What Does a Truck Accident Lawyer Do?

When a commercial truck collides with a passenger vehicle, the results are often devastating. Then there’s the maze of legal questions, the constant calls from insurance adjusters, and the medical bills that pile up—all while you’re trying to heal.

While any personal injury attorney might claim they can handle your case, truck accident claims operate in a different legal universe than car accident cases. Truck accident attorneys specialize in one of the most complex areas of personal injury law. These cases involve layers of federal regulations, many potentially liable parties, commercial insurance policies worth millions, and injuries that change lives forever.

At M. Austin Jackson Injury Lawyers, we’ve seen how the right legal representation makes all the difference for truck accident victims across Georgia and South Carolina. When you know what truck accident lawyers do, you can make more informed decisions about your case.

Understanding the Complexity of Truck Accident Cases

Truck accident cases stand apart from typical vehicle collision claims. When two passenger cars collide, you’re usually dealing with individual drivers, personal auto insurance policies, and state traffic laws. Commercial trucking accidents introduce a new set of challenges.

Commercial trucks operate under strict federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern everything from how many hours a driver can spend behind the wheel to how frequently trucks need maintenance inspections. A truck accident lawyer must understand these regulations because many liability claims stem from drivers who violate them.

The insurance landscape is also different. While a car accident might involve a policy with $25,000 to $100,000 in coverage, commercial trucks often carry policies worth $1 million or more. That might sound like good news for injured victims, but it means you’re up against insurance companies with deep pockets and experienced legal teams whose job is protecting those funds.

Then there’s the question of who’s responsible. In a car accident, liability usually falls on one or both drivers. Truck accidents can involve:

• The truck driver
• The trucking company
• The company that loaded the cargo
• Third-party maintenance providers
• The truck manufacturer
• The company that leased the vehicle

Identifying all potentially liable parties requires investigation skills and legal knowledge that go beyond standard personal injury work.

Unfortunately, the injuries themselves are often more severe. An 80,000-pound commercial truck hitting a 4,000-pound sedan creates catastrophic force. Many truck accident victims face traumatic brain injuries, spinal cord injuries, amputations, or severe burns. They’re facing permanent disabilities, years of medical treatment, and lifetime care needs.

Properly valuing these insurance claims requires working with medical experts, life care planners, and vocational rehabilitation specialists.

Investigating Your Truck Accident Case

Experienced truck accident attorneys take a skilled approach to the investigation phase. These cases demand immediate action and specialized knowledge about where critical evidence lives and how to preserve it before it disappears.

Obtaining the “Black Box” and Electronic Data

Modern commercial trucks are rolling data centers. Electronic logging devices track driving hours, speed, braking patterns, and countless other data points. GPS systems record routes and locations. Engine computers track performance and maintenance issues. This electronic data shows what happened in the moments before a truck crash.

But trucking companies aren’t required to preserve this data forever. Some information gets overwritten automatically after days or weeks. A truck accident lawyer’s first priority is securing this electronic evidence before it vanishes.

The “black box” data might reveal that a driver was speeding, that they hit the brakes too late, or that they’d been driving for hours beyond legal limits. GPS records could show a driver took an unsafe route or failed to follow company protocols.

Reviewing Federal Compliance Records

Commercial truck drivers and trucking companies must maintain extensive paperwork documenting compliance with federal regulations. Experienced truck accident lawyers know what documents to request and what red flags to look for.

Critical records include:

• Hours of Service logs showing when drivers were on duty and resting
• Maintenance records proving the truck received required inspections and repairs
• Driver qualification files containing licenses and training documentation
• Drug and alcohol testing results
• Cargo weight documentation

Maybe the maintenance logs show skipped inspections, or the Hours of Service records reveal violations. These compliance records can expose the negligence that led to your accident.

Working with Accident Reconstruction Experts

Truck accident cases typically need specialized expert witnesses who can recreate exactly what happened. These experts analyze physical evidence from the crash scene, review vehicle damage, study electronic data, and use physics and engineering principles to determine factors like speed, braking distance, and visibility.

For truck accidents, you often need experts with specific knowledge about commercial vehicle dynamics, federal trucking regulations, and industry standards. A truck accident lawyer maintains relationships with these specialists and knows how to present their findings.

Identifying All Liable Parties

A truck accident lawyer also determines who shares responsibility for your injuries. This affects how much compensation you can recover and from whom.

In many truck accidents, multiple parties contributed to the crash:

• The driver might have been speeding or fatigued
• The trucking company might have pressured drivers to violate Hours of Service rules
• A maintenance contractor might have negligently repaired faulty brakes
• The company that loaded the cargo might have done so improperly
• A parts manufacturer might have produced defective components

Each liable party represents a separate source of insurance coverage and compensation. If you miss a source, you leave money on the table that could help cover your medical expenses, lost wages, and pain and suffering.

Understanding Federal Trucking Regulations

The Federal Motor Carrier Safety Administration has created hundreds of pages of regulations governing commercial trucking operations. Commercial trucks pose unique dangers on our roads, and the industry needs strict oversight to prioritize safety over profits.

Truck accident lawyers must understand regulations covering:

• Hours of Service limits (how long drivers can work and when they must rest)
• Commercial driver’s license requirements and medical qualifications
• Mandatory vehicle inspections and maintenance schedules
• Cargo securement standards
• Weight and size restrictions
• Drug and alcohol testing programs
• Driver training requirements

When trucking companies or drivers violate these federal regulations, it often establishes “negligence per se.” The violation itself proves they breached their duty of care. But you need a lawyer who understands these regulations to recognize violations and use them effectively in your case.

Dealing with Commercial Insurance Companies

Commercial trucking insurance operates separately from personal auto insurance. These policies may provide $1 million or more in coverage. The insurance companies managing them hire teams of adjusters, investigators, and lawyers who work to reduce payouts.

From the moment a truck accident happens, the trucking company’s insurance team starts building its defense. They’ll send their own investigators to the scene, interview witnesses, review evidence, and look for any possible way to shift blame to the victim or minimize the severity of injuries.

A truck accident lawyer levels the playing field. We know the tactics insurance companies use and how to counter their arguments. When an insurance adjuster calls with a settlement offer, we can evaluate whether it’s a fair settlement or just an attempt to close the case before you know the full extent of your injuries.

Calculating Damages in Catastrophic Injury Cases

Truck accidents can cause injuries that permanently alter victims’ lives. A broken bone might heal in a few months, but a traumatic brain injury or spinal cord damage will require care for decades.

A truck accident lawyer works with specialists to properly value your claim:

• Medical experts explain the long-term prognosis for your injuries and estimate the cost of future medical care
• Life care planners project what equipment, therapy, medications, and assistance you’ll need over your lifetime
• Vocational rehabilitation experts assess how your injuries affect your ability to work and earn income
• Economists calculate the present value of future losses

Without this comprehensive analysis, victims often settle for amounts that seem large but won’t actually cover their lifetime needs. Once you accept a settlement, you typically can’t come back later asking for more money.

A skilled truck accident attorney ensures you’re compensated not just for what you’ve already lost, but for everything these injuries will cost you going forward.

Handling Multi-State Jurisdiction Issues

Commercial trucks regularly cross state lines. Many truck accident cases involve drivers from one state, trucking companies in another state, and accidents that occurred in a third state. This creates complex jurisdictional questions about which state’s laws apply and where to file the case.

States have different rules. The statute of limitations might be two years in one state and three years in another. Comparative negligence laws vary. Some states cap certain types of damages, while others don’t. A truck accident lawyer understands these variations and how to position your case favorably based on jurisdictional issues.

Federal regulations add a layer of complication since they apply nationwide, but interact with state laws. An experienced truck accident lawyer will navigate these complexities to protect your rights regardless of where the accident happened or where the trucking company operates.

Preserving Critical Evidence

Evidence in truck accident cases can disappear quickly if nobody acts fast. Trucking companies have legitimate business reasons to continue using their vehicles, but that means accident-related evidence might be destroyed or overwritten in the normal course of operations.

Truck accident lawyers immediately send spoliation letters to trucking companies, cargo companies, and other potentially liable parties. These letters create a legal obligation to preserve evidence like:

• Electronic logging device data
• GPS records
• Maintenance logs
• Driver qualification files
• Hours of Service documentation
• Video footage from dash cams or surveillance cameras
• Physical evidence from the truck itself
• Communications between the driver and company

If a trucking company destroys evidence after receiving a spoliation letter, it can face serious legal consequences. We have to secure these records immediately to ensure their integrity and prevent any loss or alteration.

The Legal Process in Truck Accident Cases

Truck accident cases are typically more complex than car accident claims. This complexity, along with the higher stakes and stronger opposition, makes these cases more difficult to resolve.

The process usually begins with an initial investigation where your lawyer gathers evidence, identifies liable parties, and analyzes the strength of your claim. As you continue medical treatment, your lawyer is building your case, securing expert witnesses, and documenting your damages.

Most cases involve settlement negotiations before any lawsuit gets filed. Your lawyer presents a demand package to the insurance companies, explaining why their insured is liable and what your damages are. Sometimes cases settle at this stage, but trucking companies and their insurers often refuse reasonable offers, hoping you’ll give up or accept less.

If settlement talks fail, your lawyer files a truck accident lawsuit and the case enters litigation. Many cases settle during litigation once the trucking company realizes your lawyer will take the case to trial and has the evidence to win. If settlement remains impossible, the case proceeds to trial, where a jury decides liability and damages.

Throughout this process, a truck accident lawyer handles all the legal complexities while keeping you informed. You don’t have to become an expert in federal trucking regulations or worry about court procedures while you’re trying to recover from serious injuries.

How M. Austin Jackson Handles Truck Accident Cases

Here in the Augusta area and throughout Georgia and South Carolina, we’ve built our reputation on standing up for injury victims facing powerful opponents. Truck accident cases exemplify this mission because they pit individual victims against large transportation companies with vast resources.

Our team understands federal trucking regulations and how to investigate violations that led to your accident. We maintain relationships with accident reconstruction experts, medical specialists, and other professionals who provide the expert testimony needed in complex truck accident cases.

We’ve successfully handled severe injury cases and are committed to holding trucking companies accountable:

• $750,000 settlement for a client injured in an 18-wheeler accident
• $500,000 settlement for injuries caused by a commercial truck collision
• $375,000 settlement for a victim of a tractor-trailer accident

When you work with M. Austin Jackson Injury Lawyers, we start by listening to your story and understanding how the accident has affected your life. We conduct a thorough investigation, securing electronic data before it’s destroyed, reviewing federal compliance records, and identifying everyone who shares responsibility for your injuries.

Augusta is our home, too, and we’ve dedicated our practice to advocating for our injured neighbors. We know the local roads where these accidents happen and the challenges injury victims face.

You have our word that we’ll treat you or your loved one like family and work to restore your peace of mind. Contact M. Austin Jackson Injury Lawyers for a free consultation. We can discuss what happened, answer your questions, and explain how we can help you hold the responsible parties accountable.

Frequently Asked Questions