In a serious truck accident case, the victims may face ongoing, life-altering injuries. Our lawyers seek to hold trucking companies and their drivers responsible for the violations and negligence that caused these crashes, getting damages for our clients.
Your case could potentially cover millions of dollars in medical bills, lost earnings, and pain and suffering if your crash was serious. Even in smaller cases, our lawyers can help you negotiate and get damages paid or take the case to court if the insurance companies refuse to play ball.
Reach out to The Reiff Law Firm’s truck accident lawyers at (215) 709-6940 to get started with a free case evaluation.
Grounds for Holding Trucking Companies at Fault
Trucking companies are often at fault for crashes. This could be because of something they did directly, or because of something their employee (the truck driver) did.
Negligent Hiring
Trucking companies have an obligation to the public to take reasonable steps to separate good drivers from bad when hiring. If their procedures are not good enough, they may end up hiring dangerous drivers they should never have put behind the wheel.
That makes the crash, at least in part, the company’s fault.
Negligent Retention
The same is true with keeping drivers on staff. If they have a history of crashes, violations, vehicular assault, drunk driving, or other issues while working for the trucking company, it might be unreasonable for the company to keep them on staff.
If they fail to fire a driver they knew was dangerous, what happens next is their fault.
Hours of Service Violations
Federal law creates time limits for truck drivers, limiting
- How much they can drive without a short break
- How much they can drive in a day
- How long they can be on duty (including break times) in one day
- How long they can drive in a workweek.
Some trucking companies have, in the past, been found to withhold pay from drivers unless they violate these rules, which would be the trucking company’s own violation.
Negligent Maintenance and Service
Trucking companies typically own the trucks they run, making them responsible for upkeep and maintenance. If their maintenance staff does a bad job or the company skips required maintenance to save money, they are responsible for their dangerous vehicles.
Respondeat Superior
Trucking companies are also responsible for what their staff does while working for them. If their driver was an employee, and they caused a crash while working, then the company is responsible for what its driver did.
This legal principle that lets you sue an employer for their employee’s actions is known as “respondeat superior” – meaning “let the master answer.”
How Do Law Firms Investigate Trucking Accidents?
When our truck accident lawyers get on your case, we will take the following steps to secure information and evidence to build your case.
Get the Police Report
Especially if you were badly injured and were unconscious after the crash or otherwise went straight to the hospital, you might not have been at the scene long enough to get contact info and other information about the crash. By obtaining a copy of the police report, we can see who was involved, who came forward as witnesses, and what generally happened.
We cannot use police reports directly as evidence in most cases, but we can use them to find leads to follow up on.
Take Pictures
If there is still debris, disabled vehicles, or other evidence at the scene of the crash, we can go photograph it. If it has been cleared away – which is more likely – we may still take helpful photos of the scenery, showing traffic signs covered by bushes, broken signals, or other evidence.
Find Video
If there are any security or traffic cameras in the area, we can see if the owners have the footage. We can use footage from nearby sources, as long as it accurately depicts the accident and was not altered.
Gather Records and Bills
We will need proof of your damages, which means collecting things like
- Medical bills
- Vehicle repair bills
- Other receipts and bills for services related to the injury
- Pay stubs
- Other financial records.
We also need records, such as medical records, any journals you might keep documenting your recovery, and more. With truck accidents, the trucking company should also have internal records – such as hours of service logs and records on hiring/discipline for the driver.
Negotiate with Insurance
Insurance companies are sometimes willing to pay the case in full. This might be sufficient, but not if your case involves damages they refuse to cover or punitive damages we need to go to trial for.
Take the Case to Court
If the insurance company refuses to pay a fair offer, we can take the case to court. This puts additional pressure to settle on the defense, and it leaves us the opportunity to go to trial if they fail to settle.
Discovery
When the case is in court, we get discovery. This gives us the power to demand records and evidence in the defense’s possession, such as their vehicle repair appraisals and internal records, which may reveal fault and violations on their end.
Do You Need to Take Your Truck Accident Case to Court?
Possibly. Insurance claims can succeed and pay full damages, but insurance companies often deny you full damages and will not budge without a court order in place.
Additionally, many truck accident cases involve serious wrongdoing on the part of dangerous trucking companies. You may be entitled to extra “punitive damages,” and these would not be available through an insurance settlement. This may be reason enough to go to trial.
How Much is a Truck Accident Case Worth?
Every case is different. Your damages are not based on a price for each type of injury you suffer, but rather the specific harms you face. For example, your specific job and the amount of time you miss at work will determine your lost wages.
Talk to a lawyer about your specific case, taking into account that most claims involve
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- And any other economic damages you face from the crash.
How Long Do You Have to Call a Lawyer?
You should call a lawyer as soon as you can. There is evidence we can help collect, but only if we act quickly, such as photos of the accident scene or security camera footage from nearby buildings.
We can also start negotiations and work to end your case quickly, or else file the case in court. Lawsuits must be filed within 2 years in most cases, but you should call a lawyer much sooner than that.
Call Our Berwyn Truck Accident Attorneys Today
Call (215) 709-6940 to speak with The Reiff Law Firm’s truck accident lawyers about your case.
