Frequently Asked Questions About Truck Accidents

After being injured in a truck accident, you might have many questions about a potential legal claim. Every situation is different, so it’s important to speak to an experienced lawyer to learn more about your specific options. Nurenberg, Paris, Heller & McCarthy offers free consultations for this reason—we’re available by phone 24/7.

Below, we answer some general questions about these types of cases.

The following answers were provided by Jordan Lebovitz, partner at Nurenberg, Paris, Heller & McCarthy. Not only has Jordan established himself as a premier trial attorney in Ohio and across the U.S., but he also went to night school at a local community college to earn his Commercial Driver’s License (CDL), which he obtained as a part of his commitment to learning everything he needs to know to serve and represent his clients’ full needs.

If you have more specific questions about your case, reach out today to schedule your free consultation.

Who can be held liable for my truck accident injuries?

There are many different parties who could potentially be held liable for the truck crash, and your injuries. These may include the truck driver, their employer, the owner of the truck (if a party other than the driver or employer), and the party who loaded the truck, among others. Your lawyer can help you determine every party who may be liable in your specific claim.

Can I file a claim against both the truck driver and the trucking company?

Yes, you can absolutely file a claim against both the truck driver and the trucking company. Typically, the trucking company’s insurance company will pay for damages caused by one of their truck driver’s negligence. You may also have a claim against the trucking company itself if they negligently hired, trained, or retained an unsafe truck driver.

How can I determine the insurance coverage of the truck driver and trucking company?

There are many different ways to determine available insurance coverage. The most important and efficient way is to hire an attorney so they can send out a letter of preservation of evidence. This will allow you and your legal team to not only save important and critical evidence, but to have direct communication with the trucking company and its insurance company. There are also ways to find out via the United States Department of Transportation.

What are damages I might be entitled to in a truck accident case?

There are many different types of damages you are entitled to. They are separated into economic and non-economic damages. Economic damages are wage losses, medical bills, future earnings losses, and future medical bills.

There are also non-economic damages, for past and future pain and suffering. Remember, your spouse can also claim damages for loss of consortium—that means any damages they suffered as a result of your injuries and inability to help around the home. There are also punitive damages, which can come if the driver or company was reckless and a danger to society.

How will my medical bills be paid after a truck accident?

Your medical bills may initially be paid by your health insurance or your own automobile medical payments coverage insurance. But don’t worry—the trucking company and their insurance company will reimburse you for all medical bills once they are proven to be at fault for the crash.

What should I do if the insurance company offers me a settlement?

Before accepting any settlement, you should absolutely speak with an attorney to determine if the insurance company is making a good faith settlement offer or if they are trying to settle out quickly and cheaply to take advantage of an unrepresented person.

Can I file a wrongful death claim if a loved one died in a truck accident?

You can absolutely file a wrongful death claim if one of your family members dies in a truck accident. In Ohio, a spouse, child, parent, or sibling has the right to open an estate to file a wrongful death action after a truck accident. If you are one of these individuals or family members, you have the right to file an action.

What expenses will I be responsible for if we lose the case?

All expenses are advanced by the law firm working on your case, and you will not be responsible for any expenses if we are unable to win the case. That is the risk that we take acting as your personal injury attorney.

How can I document my injuries and the impact on my daily life for my case?

The best way to document your injuries is by receiving consistent medical treatment. Taking photographs and keeping a journal to identify when certain medical symptoms are more prevalent is also very helpful.

How can I obtain the trucking company’s safety and maintenance records?

The best, and sometimes only, way to obtain a trucking company’s safety and maintenance records is by hiring an attorney to litigate or file a lawsuit against the at-fault trucking company. There are some trucking company safety records available through the Department of Transportation safety management website, but that data is incomplete. And some records are only maintained internally by the trucking company.

What step should I take if the trucking company is not cooperating with my claim?

You should absolutely contact an attorney so that they can effectively represent you in working with the trucking company to get you the best possible result.

What is vicarious liability and how does it apply to trucking companies?

Vicarious liability is the legal terminology used when an agent is working on behalf of someone else when they cause an injury to another person. This doctrine holds the boss—or the boss’s company—responsible. In trucking cases, that means when a driver of a commercial vehicle causes a bad collision, the trucking company and the driver’s supervisor can also be held liable.

What evidence will I need to establish the truck driver’s negligence?

You will need evidence of the driver’s inability to control his or her vehicle, to act safely on the roadway, and many other items that are necessary to prove that the truck driver was not acting safely or to the standard of care of a reasonable truck driver on the roadway. A lawyer can help you gather this evidence.

What if I have pre-existing injuries that were made worse by the accident?

Even if you have pre-existing injuries, the truck driver, trucking company, and their insurance company are responsible for any aggravation of pre-existing conditions. The trucking company doesn’t get to decide that your injuries don’t count just because you had a pre-existing condition, and it doesn’t mean you are not entitled to full and complete damages under the law.

How can I prove the extent of my injuries and medical expenses?

The best ways to prove your injuries and medical expenses are through medical record documentation and medical billing documentation, and more importantly, expert witness reports and testimony. An attorney can help gather, collect, and then coordinate with expert witnesses to identify the extent of your injuries.

What if the truck driver was under the influence of drugs or alcohol?

When a truck driver is under the influence of drugs or alcohol, it is very clear evidence of negligence. More importantly, it can also lead to claims for punitive damages against the driver and the company, as well as direct liability claims against the trucking company for failing to properly hire, train, and retain drivers.

What if the truck driver was distracted while driving?

When a truck driver is distracted, it is evidence of not just the driver’s negligence but also the trucking company’s. Trucking companies utilize many tools aside from training to ensure that a truck driver is not distracted while driving. Whether that be cameras or other monitoring devices, trucking companies should make sure that their drivers are not distracted.

How do I handle cases involving a truck driver’s fatigue?

Cases involving fatigue are often reliant on data from the truck’s electronic logging devices, as well as data involving the driver’s past week of driving history. An attorney will look at all possible evidence to determine if the truck driver was fatigued and if the company knew of that fatigue.

Are there federal regulations governing the trucking industry that may apply to my case?

There are many federal regulations that apply to trucking companies and truck driver cases. The Federal Motor Carrier Safety Administration has hundreds of pages of rules and regulations that a commercial truck driver must follow. More importantly, the trucking company must follow these, as well.

What if the company attempts to destroy evidence?

If a trucking company attempts to destroy evidence, they may be opening themselves up to a spoliation of evidence claim. We can utilize our tools to effectively prosecute anyone who is attempting to destroy evidence and prove additional damages for spoliation.

How do I deal with disputes or conflicts with the insurance company?

Disputes or conflicts are unfortunately common with insurance companies. They are not interested in giving you the best result but only in saving their client and the company money. We deal with disputes or conflicts with the insurance company by emphasizing the losses or damages that our clients have suffered and doing everything we can to prove that the suffering and losses are substantial.

Do I need an attorney to pursue a truck accident claim?

You never need an attorney, but you absolutely should have an attorney. The reason is the trucking companies are instantaneously working against you following a crash to save them money and pay you less.

Are accidents involving out-of-state trucking companies different?

Commercial truck companies and their drivers are responsible for following the rules of the state they are traveling through as well as the rules set out by the Federal Motor Carrier Safety Administration. There are many different types of claims that could be made against out-of-state trucking companies, and we are willing and capable of pursuing each and every type.

Can I still pursue a claim if the truck driver was an independent contractor?

Yes, the Federal Motor Carrier Safety Administration says commercial truck drivers are not permitted to be categorized as independent contractors for purposes of damages or negligence. They will be legally responsible under the Department of Transportation number they used and operated the truck on behalf of.

Can I get compensation for property damage in addition to personal injuries?

Yes, you can absolutely see compensation for property damage in addition to personal injuries. The trucking company and its insurance company are responsible for property damage as well as injury claims.

How do I address emotional and psychological trauma resulting from the accident?

There are many different ways to address the emotional and psychological trauma of being in a crash with a commercial truck. The best way is to initiate treatment with a certified mental health professional. After that, there are many ways to get all possible information documented and then relayed to the insurance company as evidence for your claim.

Can I recover punitive damages in a trucking accident case?

You can recover punitive damages if the actions of the driver or trucking company were deemed particularly reckless. Wanton misconduct that poses a safety risk to all of those in our community can be evidence of punitive damages. Make sure to contact an attorney to see if your case may result in a claim for punitive damages.

Will I be kept informed about the progress of my truck accident case?

Communication is the most important part of any attorney-client relationship. We strive to maintain the most direct and efficient communication with our clients at all times. There will never be a day where you do not hear back from us within 24 hours.

Can I pursue a claim if the trucking company is not cooperating?

Absolutely. This is where an attorney can get an even better result by filing a lawsuit against an uncooperative trucking company to force them to take accountability for their actions.

Let Us Help You With Your Claim

The truck accident lawyers at Nurenberg, Paris, Heller & McCarthy have years of experience helping people injured by negligent truck drivers and trucking companies. If you or a loved one needs legal help after a truck accident, contact us today for a free consultation.