Been involved in a truck accident and unsure what happens next?
Dealing with the legal issues after a truck crash can seem overwhelmingly confusing. You've got doctors, insurance companies on the phone, stress piling up…. Where do you begin? Here's some good news:
Understanding what to expect makes the whole process a lot easier to handle.
Truck accident cases are different from regular car accident cases. They involve:
- Federal trucking regulations
- Multiple liable parties
- Massive insurance policies
- Complex evidence collection
Here is a straightforward explanation of what to expect during the legal process following a truck accident.
Let's dive in!
The road ahead:
- Why Truck Accident Cases Are Different
- The Role of Truck Driver Fatigue
- The Investigation Phase
- Filing the Lawsuit
- Discovery, Settlement & Trial
Why Truck Accident Cases Are So Different
Truck accident lawsuits aren't like your typical fender bender.
Everything is on a much bigger scale. The accidents are more severe. Injuries are typically more serious. And the legal case is infinitely more complicated. Commercial trucks can weigh up to 80,000 pounds. When one of those collides with a passenger vehicle… the results can be catastrophic.
Commercial truck crashes are becoming increasingly common. Nearly 6,000 people die each year in commercial truck accidents, nearly triple the number from 10 years ago. This means more victims. More litigation. And more complex legal cases than ever.
Unlike an ordinary car accident claim, truck cases can involve multiple defendants who may be liable:
- The truck driver
- The trucking company
- The cargo loader
- The truck manufacturer
- Maintenance companies
Each of these entities likely has their own insurance policy and attorney representation. Do not take on Goliath with a pebble.
The Role of Truck Driver Fatigue
One of the biggest causes of truck crashes today?
Truck driver fatigue.
Driving for countless hours, unreasonable deadlines and carrier pressure take a toll on truck drivers daily. The FMCSA reports driver fatigue plays a role in roughly 13 percent of CMV accidents. What's worse – almost 50% of truck drivers report having fallen asleep at the wheel.
Fatigue driving by truckers is negligence. If they disregard hours-of-service regulations, or if a carrier coerces them into driving beyond their limits… it's negligence. So if a crash caused by truck driver fatigue has left you injured, it's a smart move to call a Houston truck accident attorney quickly — before key evidence (like electronic logging device or ELD data) is destroyed.
Truck driver fatigue cases need to be acted upon quickly. Within hours of a crash, trucking companies will often take steps to protect themselves. This means:
- Sending their own investigators to the scene
- Requesting driver logs and dashcam footage
- Getting statements from the driver
If you wait too long to act, the evidence showing the truck driver was too sleepy to drive may be lost.
The Investigation Phase
After medical attention and hiring a lawyer… the real work begins.
The discovery phase can be the most crucial phase of the entire process. During discovery, your legal team will:
- Gather the police report
- Collect witness statements
- Request the driver's hours-of-service logs
- Pull black box and ELD data
- Get dashcam or truck camera footage
- Review the trucking company's safety history
Evidence like this wins cases. The more specifics you have, the stronger your case will be. A knowledgeable attorney will know what to look for - and how to obtain it before the trucking company hides it.
Filing the Lawsuit
Once your lawyer has enough evidence, it's time to file the lawsuit.
Filing your complaint. This is where the court action officially begins. Your lawyer will prepare a complaint. The complaint sets forth what occurred, who is responsible and what damages you are seeking. The complaint is filed with the court and served upon the defendants.
Defendants have a specific amount of time in which to answer. It is usually about 20 to 30 days in most states.
After the defendants file their answer… the case moves into discovery.
The Discovery Phase
Discovery is usually the longest phase of the entire process.
Discovery is when both parties share their evidence and take depositions. Discovery can take anywhere between 6 months to a year depending on the case. So what really goes on during discovery?
- Interrogatories – written questions both sides must answer under oath
- Depositions – in-person sworn testimony from drivers, witnesses, and experts
- Document requests – both sides share medical records, driver logs, and safety reports
- Expert analysis – accident reconstruction and medical experts review the case
The purpose of discovery is to allow both sides to know just how strong (or weak) their case really is.
Settlement Negotiations
Most truck accident cases settle before trial.
In reality only around 5% of truck accident cases ever go to jury. After discovery is completed most cases go to mediation. Mediation is when a neutral third party will assist both sides in reaching a settlement.
Here's what makes negotiations tricky:
Insurance companies will lowball you every time. They start with an early offer that sounds decent….but isn't nearly enough to cover your losses. Your lawyer will negotiate aggressively to ensure you are paid what you are entitled to:
- Medical bills
- Lost wages
- Future medical care
- Pain and suffering
- Property damage
Settling too soon may cost you money. This is where having a skilled lawyer can really help.
Going to Trial
If settlement talks break down… your case goes to trial.
Trials can range from a couple days to a few weeks long. At trial your lawyer will present evidence, call witnesses, and make arguments in front of a jury. The jury decides who is at fault and how much money you should be awarded.
Trials are nerve-wracking. Sometimes they're the only way to get fair compensation – particularly when the other side is being unreasonable.
Bringing It All Together
The truck accident litigation process can be lengthy and complicated. …but being informed helps tons!
To recap what happens after a truck crash:
- Get medical attention right away
- Hire an experienced truck accident lawyer
- Let your legal team investigate the crash
- File the lawsuit and enter discovery
- Negotiate a fair settlement (or go to trial)
Driver fatigue, inadequate maintenance and reckless trucking companies are behind thousands of crashes annually. Don't wait to seek help if you or a loved one has been injured in a truck accident. The sooner you seek assistance, the better chance you have with your case.
