Why You Need a Truck Accident Lawyer

Collisions involving commercial trucks can be very serious, resulting in catastrophic injuries, extensive property damage, and pain and suffering. There are a number of reasons why you need a truck accident lawyer, chief among them the fact that you have no one to help protect your rights until you have legal representation.

The trucking company, the driver, and other parties will be quick to try to avoid any responsibility for the accident. Likewise, insurance companies will do everything they can to deny liability and minimize payouts.

At Burg Simpson, our Phoenix truck accident attorneys have the experience, knowledge, and resources to level the playing field. We pursue the compensation you need and deserve, having recovered over $2 billion for our clients to date.

If you have been injured in a truck accident, call us today at 602-777-7000 to schedule your FREE and confidential case evaluation. We are proud to serve clients in Phoenix and throughout Arizona.

What Makes Truck Accidents Different from Car Accidents?

Truck accident victims must face the fact that their claims are far more complex and difficult than the average car accident claim. This is largely because of how expensive truck accidents tend to be, which makes insurers more likely to put up a fight.

Other key differences include:

Serious & Catastrophic Injuries

Passenger vehicles weigh about 4,000 pounds on average. That is enough to cause significant damage, especially at high speeds.

When compared to the weight of a fully loaded semi-truck (which can legally weigh up to 80,000 pounds), it is easy to see how much more damage a tractor-trailer can cause than a typical car.

As such, truck accident victims often face serious and catastrophic injuries. These include:

• Spinal cord injuries
• Bone fractures
• Traumatic brain injuries
• Amputation injuries
• Burn injuries

These injuries are very costly to treat, often requiring long-term medical care. Victims are also forced to reckon with the costs of permanent disability, loss of earning capacity, and other permanent effects.

Multiple Defendants

In car accidents, there is generally only one or two other parties that can be held liable for damages. The defendant is usually the other driver, though occasionally a government entity or business could also be held responsible.

With truck accidents, on the other hand, there are many potential defendants:

• The truck driver
• The trucking company
• The shipper
• The loading company
• The maintenance company
• Parts manufacturers
• And more

Determining whose actions caused the crash can be complicated. Investigations are often extensive, potentially requiring knowledge of complex corporate structures and insurance arrangements.

Short-Lived Evidence

Car accidents and truck accidents both rely on evidence for proving negligence, establishing liability, and recovering compensation. Evidence always has the potential to disappear quickly; for example, skid marks can be wiped away and dashcam footage can be deleted.

However, short-lived evidence is especially an area of concern in truck accident claims. Many types of key evidence can be lost or overwritten in a short period of time, including:

• Data from electronic logging devices
• Inspection reports
• GPS logs
• And more

Trucking companies are only required to keep this data for limited time periods under Federal Motor Carrier Safety Administration (FMCSA) record keeping rules. Companies may be quick to delete data as soon as possible if it could be used against them.

Complex Laws & Regulations

In car accident claims, most relevant laws are established at a state level. These are fairly easy to understand and apply to your case.

Commercial truck accidents, on the other hand, may involve both state law and federal regulations. Establishing negligence often requires knowledge of both federal rules, such as the FMCSA’s hours of service requirements, as well as laws that are enforced at the state level by the Arizona Department of Transportation (ADOT).

Understanding all of these rules and how they can alter the course of a truck accident claim is absolutely crucial if you want to give yourself the best chance possible of recovering maximum compensation for your damages.

Broader Insurance Coverage

Because truck accidents tend to be so costly, truck drivers and their employers must carry higher insurance limits than the average motorist. The FMCSA governs minimum insurance requirements, which range from $750,000–$5,000,000 in liability coverage.

If there are multiple defendants, then multiple insurance policies will apply. Being able to identify each defendant and the available insurance coverage is a critical part of preparing a truck accident claim; it is far more complex than what car accident victims usually face.

When to Hire a Truck Accident Lawyer

While all of these factors speak to the question of why you need a truck accident lawyer, there is also the question of timing: When do you hire a truck accident lawyer to give yourself the best chance of recovering the compensation you deserve? Below are a few key scenarios:

Immediately Following the Truck Accident

The easiest answer to the question of when to hire a truck accident lawyer is as soon as possible after the crash.

With the potential for lost evidence, the value of a quick start to an investigation, and the time it takes to secure the police report and allow time for other administrative hurdles, getting started right away is ultimately the best recommendation we can give.

If an Insurance Company Contacts You

If you do not immediately hire a truck accident lawyer, that does not mean that you will be unable to recover compensation. Throughout the process, there are key moments that can make or break your claim – one of which is when an insurance company reaches out to you to discuss the accident.

Make no mistake: The insurance companies’ primary goal is to mitigate how much compensation they ultimately must pay out. One key factor to watch out for is if they offer you a settlement quickly, which usually means they know the claim is worth more but are hoping to close the case for less than you deserve.

You Are Seriously Injured

Anytime you are dealing with a serious injury, the damages can add up quickly. These include:

• Medical bills
• Lost wages
• Loss of earning capacity
• Out-of-pocket expenses
• Pain and suffering
• And more

This means the stakes will be very high in your claim, which makes the importance of experienced legal representation that much greater.

A Member of Your Family Was Killed

As with serious injuries, wrongful death claims tend to be worth a significant amount of money. Surviving family members do not always understand the full breadth of damages they may be able to recover, including:

• Funeral expenses
• Medical expenses incurred before the loved one’s passing
• Loss of household services
• Loss of care, companionship, and/or guidance

A Phoenix trucking accident attorney can account for all of these damages to ensure your family recovers maximum compensation.

The Insurer Disputes Liability

While an insurer may offer a quick, low-ball settlement, it may also deny liability altogether. Insurance companies are usually very good at making their arguments sound legitimate, which can be hard to decipher if you do not have a deep understanding of relevant laws and regulations.

A qualified attorney knows how to fight back against disputed liability to ensure negligent parties are rightfully held accountable for the damages they cause.

Can Any Personal Injury Attorney Handle a Truck Accident Case?

Once you decide to hire an attorney, it is important to know what type of attorney to look for. While it may seem like any personal injury lawyer would be able to handle a truck accident claim, that is not necessarily the case.

Because of how unique and complex truck accident claims tend to be, you want to make sure to hire an attorney who has significant experience specifically with truck accident claims – and a track record of winning. 

Ultimately, this decision can be the difference between winning and losing your case. It is important to be very careful in deciding which attorney to hire to represent you.

What to Look For in a Truck Accident Lawyer

Beyond specific experience representing truck accident victims, a few additional things you should look for in a truck accident lawyer include:

• Free consultations and contingency-fee arrangements, which means you do not have to pay unless and until they win compensation on your behalf.
• Relationships with accident reconstruction experts and other specialists to establish cause and liability.
• A willingness to take the case to trial if a fair settlement cannot be reached; going to trial is rarely the first option, but it should always be kept on the table.
• Positive reviews and testimonials from past clients.

Truck accident claims are difficult jobs that call for someone who truly knows what they are doing and has proved themselves time and again. Make sure you hire someone who is up to the task.

Contact Burg Simpson in Phoenix, Arizona

If you or a loved one has been seriously injured in an 18-wheeler collision, the Phoenix truck accident lawyers at Burg Simpson are here to help. By combining our local knowledge with our national resources, we give accident victims the care, knowledge, and attention needed to pursue maximum compensation for their damages.

To get started with a FREE case evaluation, contact us today. Our truck accident attorneys serve clients in Phoenix, Scottsdale, Gilbert, Chandler, Tempe, and throughout Arizona.