How to File a Truck Accident Lawsuit

Truck accidents can be devastating, resulting in serious injuries, property damage, and even fatalities. If you’ve been involved in a truck accident due to someone else’s negligence, you may be entitled to compensation for your losses. Filing a truck accident lawsuit can be complex, and it’s best to consult a lawyer who has experience handling truck accident claims. With the right guidance, they will help you navigate the legal process effectively.

In this post, we’ll walk you through the steps our  truck accident lawyers may take when filing a truck accident lawsuit.

Understanding Truck Accident Laws

Before diving into the process, it’s crucial to understand the relevant laws and regulations governing truck accident cases. Accidents involving commercial trucks are subject to both state and federal laws, including regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These laws often impose strict standards on commercial truck drivers and trucking companies to ensure the safety of other motorists on the road.

FMCSA Rules and Regulations

Some of these FMCSA safety regulations truckers and trucking companies must adhere to include:

• Hours of Service (HOS) Regulations: HOS regulations govern the amount of time commercial truck drivers can spend behind the wheel before they are required to take breaks or rest periods.
• Electronic Logging Device (ELD) Mandate: The ELD mandate requires commercial truck drivers to use electronic logging devices to record their hours of service accurately. ELDs automatically track driving time, engine hours, vehicle movement, and location information, replacing traditional paper logbooks.
• Commercial Driver’s License (CDL) Requirements: FMCSA regulations establish standards for obtaining and maintaining a commercial driver’s license (CDL). Commercial truck drivers must undergo specific training and testing to demonstrate their knowledge and skills in operating large vehicles safely. CDL requirements also include medical examinations to ensure drivers are physically fit to operate commercial vehicles.
• Drug and Alcohol Testing: FMCSA regulations mandate drug and alcohol testing for commercial truck drivers to ensure they are not impaired while operating vehicles. Employers are required to conduct pre-employment, random, post-accident, and reasonable suspicion drug and alcohol tests.
• Vehicle Maintenance and Inspection Standards: FMCSA regulations establish standards for the maintenance and inspection of commercial motor vehicles (CMVs). Trucking companies and drivers are required to regularly inspect their vehicles and perform maintenance to ensure they are in safe operating condition.
• Cargo Securement Rules: FMCSA regulations set standards for properly securing cargo on commercial vehicles to prevent shifting or falling during transit. These rules specify requirements for securing different types of cargo, such as bulk materials, vehicles, and hazardous materials.
• Hazardous Materials Transportation Regulations: FMCSA regulations govern the transportation of hazardous materials by commercial motor vehicles. These rules establish requirements for packaging, labeling, placarding, and handling hazardous materials to minimize the risk of accidents, spills, and exposure to harmful substances.

When a truck driver, trucking company, or cargo company fails to follow these rules, and an accident happens, they may be held liable in a truck accident lawsuit.

Determining Liability

One of the key aspects of filing a truck accident lawsuit is determining liability. In many cases, multiple parties may be held responsible for the accident, including the truck driver, the trucking company, manufacturers of defective truck parts, and even government entities responsible for road maintenance.

The experienced attorneys at Marcus & Mack will conduct a thorough investigation to identify all potentially liable parties and build a strong case on your behalf.

Gathering Evidence

Evidence plays a crucial role in proving liability and securing compensation in a truck accident lawsuit. Our legal team will work diligently to gather evidence such as accident reports, witness statements, surveillance footage, electronic logging device (ELD) data, and truck maintenance records. This evidence will help establish the cause of the accident and demonstrate the extent of your injuries and damages.

Calculating Damages

In a truck accident lawsuit, you may be entitled to various types of damages, including:

• Medical expenses: This includes current and future medical bills related to your injuries, such as hospitalization, surgery, medication, rehabilitation, and therapy.
• Lost wages or income: If your injuries prevent you from working, you may be compensated for lost income and earning capacity.
• Pain and suffering: Non-economic damages may be awarded for physical pain, emotional distress, and loss of enjoyment of life.
• Property damage: Compensation for the repair or replacement of your vehicle and other damaged property.

Filing the Lawsuit

Once we have gathered sufficient evidence and calculated your damages, we can file a truck accident lawsuit on your behalf. This involves drafting a complaint and submitting it to the appropriate court within the statute of limitations.

In Pennsylvania, the statute of limitations for filing a truck accident lawsuit is two years from the date the accident occurred. Our attorneys will handle all the paperwork and procedural requirements, allowing you to focus on your recovery.

Negotiating Settlements

Truck accident lawsuits that go to trial are costly and time-consuming. In many truck accident cases, the parties involved often choose to negotiate a settlement rather than go to trial.

Our skilled negotiators at Marcus & Mack will engage in settlement discussions with the defendants and their insurance companies to seek a fair and just compensation package. We will always prioritize your best interests and strive to maximize your recovery while avoiding the time and expense of a lengthy trial.

Going to Trial

If a fair settlement cannot be reached through negotiations, we are prepared to take your case to trial. Our trial attorneys have extensive courtroom experience and are fully prepared to advocate for you before a judge and jury. We will present compelling evidence, expert testimony, and persuasive arguments to secure the compensation you deserve.

Hurt in a Truck Accident? Call a Lawyer You Can Count On.

Filing a truck accident lawsuit can be a complex and daunting process, but you don’t have to navigate it alone. With the help of the experienced personal injury lawyers at Marcus & Mack, you can pursue justice and compensation for your injuries and damages. Contact us today (724) 349-5602 or through our online form for a free consultation, and let us fight for your rights every step of the way.

Schedule a Free Initial Consultation Today!