Big Truck Accidents > Big Truck Accidents FAQ

A big truck accidents lawyer is primarily responsible for the legal details after an accident. However, it can bring comfort and clarity to the accident victims if they understand the guidelines followed by their attorney. Please read the FAQ below to become better acquainted with the nuances of a truck accident case.

What’s the difference between the manner in which attorneys handle big truck accidents versus other motor vehicle accident cases? 

Although the rules determining fault for the accident are generally the same, there are special laws that apply to trucking companies. Other differences in the way in which a big truck accidents attorney handles accidents differently from motor vehicle accidents include the nuances of how the they typically occur, the types of claims that can be brought against the trucking companies, the nature of the investigation required by the lawyers, and the tactical jurisdiction issues regarding the most appropriate venue for the injury victim.

How does a big truck accidents lawyer handle big truck accidents versus other motor vehicle accident cases?

There is no difference when determining negligence.  There are four criteria truck accident attorneys must consider in truck accident cases: (1) State and federal regulations that apply to trucking companies, (2) the types of claims that can be brought against the trucking companies, (3) the nature of the investigation required by the big truck accidents lawyer, (4) tactical jurisdiction issues regarding the most appropriate venue for those injured in the truck accident, and (5) the manner in which many accidents occur as specific to trucks and other large commercial vehicles (e.g., the problems associated with turning).

I was injured in a big truck accident where a big truck jackknifed. Does this mean the big truck driver was negligent? 

A common cause for truck jackknifing is driver negligence and is often due to the driver locking the brakes of the truck just before big truck accidents. Because a truck can technically jackknife without an express error on the part of the truck driver, the lawyer representing the defendant will seek to avoid liability by arguing that the truck jackknifed due to slipperiness of the road or due to an emergency turn. This argument can sometimes be debunked after an investigation of the physical evidence present at the site of the truck accident.

If I am partially at fault for the accident, can I still prevail in a big truck accident case?

Some jurisdictions do not allow you to recover damages if you are partially to blame for the accident.  This is known as contributory negligence. Other jurisdictions, under a legal theory called comparative negligence, allocate the amount the truck driver and/or the trucking company would be liable for according to the percentage of fault a jury attributes to the truck driver’s negligence.

Who can sue in a fatal accident? 

The person injured in the accident or their loved ones can be involved in the lawsuit.

Can I sue the truck driver's trucking company for my injuries? 

Usually, yes you can.  However, the answer depends on the relationship between the truck driver and the trucking company. If this relationship exists, the company can be held liable for the truck driver's negligence under a legal theory known as “respondeat superior,” meaning the agent is responsible for the principal. The trucking company may also be liable under the theories of negligent entrustment or negligent supervision if their drivers were not properly screened for training and past unsafe truck driving records. Negligent maintenance, a related legal theory a big truck accidents lawyer pursues when the company fails to properly inspect and maintain the truck, is another approach.   

If you or a loved one has suffered an injury or death as a result of big truck accidents, call an experienced personal injury lawyer at VanDerGinst Law, P.C. by calling (866) 843-7367 or submit a free online case evaluation. The initial consultation is free of charge.  If we agree to handle your injury case, we will work on a contingency fee basis, meaning we are paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date known as a statute of limitations.  Please call our office right away to ensure you do not waive your right to possible compensation following a big truck accident.