What to Expect When Working With a Big Rig Accident Lawyer

Truck collisions in Wyoming can cause catastrophic injuries simply due to the weight difference between a big rig and an automobile. Federal law allows semitrucks to weigh up to 80,000 pounds — almost 40 times more than some passenger cars. You might need a big rig accident lawyer to fight for compensation for your injuries.

You are entitled to seek injury compensation when a trucking company’s negligence causes a trucking accident. However, these companies have ample resources to fight your claim. Their insurers and sureties have armies of lawyers to challenge you. Your lawyer stands up to these powerful businesses and fights for a fair resolution.

Do Big Rig Accident Cases Differ From Other Auto Accident Claims?

Truck accident cases differ in many ways from typical auto accident claims.

Injuries

In addition to weighing more than cars, 18-wheelers have higher ground clearance. Even when trailers include underride guards, a trailer sits right at the level of most vehicle occupants’ heads and chests. An impact can cause fatal injuries to the brain or vital organs.

Since truck accidents tend to cause more serious injuries, they often produce greater losses and larger settlements or damage awards.

Parties

In a typical motor vehicle accident, you make a claim against the driver. In contrast, trucking accident claims may involve the trucking company. These companies are vicariously liable for their employees’ negligent acts. They may also be liable for negligence in the following areas:

• Checking backgrounds when hiring drivers, including independent drivers
• Conducting and reporting drug and alcohol tests
• Securing loads safely
• Scheduling drivers to reduce the risk of fatigue

In short, a trucking company may be liable whenever actions by the company or its employees create an unreasonable risk of a crash.

Regulations

Truck safety regulations come from both state and federal governments. Semitruck drivers must follow state traffic laws and commercial licensing regulations. Trucking companies must also obey federal rules covering maintenance, drug and alcohol testing, and hours of service.

The benefit of all these regulations is that your lawyer has many more avenues for proving the trucking company’s liability for your crash.

Minimum Financial Responsibility

Wyoming sets minimum insurance requirements for passenger vehicle owners. In contrast, the federal government sets financial responsibility requirements for trucking companies.

Under federal regulations, a trucking company must carry at least $750,000 in insurance coverage and surety bonds if it handles nonhazardous loads. It may be required to carry up to $5 million in coverage if it handles hazardous materials.

In many car accident cases, it’s hard to recover more compensation than the other driver’s insurance policy limit allows, especially if the driver does not have significant personal assets. In truck crash cases, the higher financial responsibility requirements mean you have a better chance of recovering full compensation for your injuries.

What Happens at the Initial Consultation?

During your initial meeting with a truck accident attorney, you will explain your side of the story. You should also bring copies of the accident report and your medical records so the lawyer can get a full picture of what happened.

The lawyer will assess the value of your claim and explain your legal options. They might also sketch out some possible legal strategies for proving the trucking company’s liability for your injuries. For example, if the accident happened when the truck rolled over due to loose cargo, the lawyer will likely focus on the trucking company’s loading practices.

Steps Your Big Rig Lawyer Will Take to Strengthen Your Case

Your lawyer will gather evidence to establish the trucking company’s liability and prove the losses you suffered. In addition to your documents, the lawyer might investigate the trucking company’s safety record. Your attorney may also engage experts to analyze your accident and provide a scientific or engineering analysis of what happened.

Filing Claims in Truck Crash Cases

Trucking companies usually have both insurers and sureties to cover their crash-related liabilities. Surety bonds are like insurance policies. If the surety accepts a claim, it pays the victim’s covered losses. However, the trucking company must reimburse the surety for any paid claims.

The surety or insurer assigns liability claims to an adjuster. The adjuster investigates the accident and determines whether it falls within the policy or bond. If they accept liability, your injury attorney will negotiate a settlement. If they deny the claim, your attorney may advise you to file a lawsuit.

What to Expect if Your Case Goes to Trial

Lawsuits involve high stakes and many variables. Most truck crash lawsuits settle before reaching trial. If your case goes to trial, each party will present their evidence. If you choose a jury trial, the jurors will review the evidence and render a verdict. If they find in your favor, they will also determine the compensation you receive.

FAQ

Should I Hire a Big Rig Accident Lawyer After My Crash?

You can file claims with insurers and sureties without legal representation. However, trucking companies, insurers, and sureties have armies of lawyers to fight such claims. By hiring a truck accident attorney, you have someone to stand up to the other side’s legal team in your fight for compensation.

How Much Will a Truck Accident Lawyer Charge?

A big rig accident lawyer does not require any upfront payment. Instead, they charge a contingency fee at the end of the case based on the results they obtained. If the lawyer wins or settles your case, they will charge a percentage of your compensation as their fee.

Who Could Be Liable When a Semitruck Crashes Into a Car?

Liability arises from negligence. In most cases, the trucking company that hired the driver will be vicariously liable for a truck crash resulting from driver negligence. Moreover, the trucking company will bear the liability for its negligent acts, such as failing to fix broken equipment or loading cargo improperly.

Contact a Big Rig Accident Lawyer From The Spence Law Firm

Your truck accident injuries may cause significant financial losses. Contact us to discuss your crash and learn how we can assist you with your case.