Should You Hire a Truck Accident Lawyer for Your Injury?

The Legal Complexities of Truck Accidents in Illinois

Large commercial trucks cause life-altering injuries and fatalities when they get into accidents. Truck vs. car accident statistics show that a truck has a higher risk of causing a fatal crash than a car.

A fully loaded tractor-trailer can have up to 80,000 pounds in weight, while an average passenger car can weigh just 4,000 pounds. So, passenger vehicles sustain significant damage or even get totaled during a head-on collision with a truck.

Large trucks often transport hazardous materials that cause more damage and may go up in flames. Some trucks may even explode in the event of an accident.

Determining liability in an accident involving a truck is much harder than one involving an ordinary passenger vehicle. Multiple parties could be at fault in a truck accident, while only the other driver is liable in most regular car accidents.

Federal regulations also add legal issues to truck accidents. Breach of these regulations amounts to a violation of the duty of care that truck drivers and companies owe other road users. Accident victims may have grounds to seek compensation from the truck company or driver if they were injured in an accident caused by a violation of federal regulations.

Black box data, maintenance reports, inspection records, and driver logbooks can be instrumental in proving a violation of federal rules. These records can be foreign and confusing to someone unfamiliar with the trucking industry. Interpreting these records and obtaining the required evidence often requires an expert. This requirement can cause investigations and liability determination to take long.

Another aspect that complicates truck accidents is the resources that trucking and insurance companies dedicate toward fighting claims or lawsuits. These companies have teams of investigators that rush to the scene soon after an accident. These investigators look for evidence that can help protect the best interest of their employer.

Should You Hire a Truck Accident Lawyer?

Hiring a truck accident lawyer is something over 10,000 individuals in Illinois consider annually. In fact, the Illinois Department of Transportation (IDOT) shows the number of truck crashes in 2022 was 11,922. Hiring a truck accident lawyer can benefit you in the following ways:

Leveling the Playing Field in Your Truck Accident Case

You don’t stand a chance against trucking companies and insurers, especially when working alone. This is because these companies have massive budgets to hire the best legal representatives to help them avoid paying claims or pay as little as possible. They also have support staff to conduct meticulous investigations and gather evidence to help the legal team build a strong defense.

Bringing an established truck accident lawyer into the picture helps level the playing field. Such a lawyer will have the money and staff members to help build a solid case. The lawyer will ensure the liable party does not destroy or interfere with evidence by using legal strategies, such as sending a spoliation letter or subpoena. The lawyer will also compel the liable party and the insurance company to pay attention to your claim through a comprehensive demand letter.

Determining the Liable Parties

Multiple parties could have played a role in causing a common carrier accident and your resulting injuries. The truck company, for instance, could be liable for negligent hiring in an accident resulting from the careless actions of a truck driver with a history of reckless driving conduct. A manufacturer could also take on some liability if a defect in the truck or its parts contributed to the accident.

Identifying all the at-fault parties requires thorough research and careful evidence review and analysis. Your lawyer will handle all the work necessary to determine the liable parties. The lawyer will also negotiate with all the parties and insurance companies to maximize your settlement.

Court Room Proficiency

Trial proceedings can be scary for accident victims. In fact, most of them hope to secure a reasonable settlement without moving to trial. A seasoned lawyer is not afraid of a trial and will communicate this fact to the insurance company from the onset. The insurance company will most likely provide a more reasonable settlement when faced with such a lawyer.

A detail-oriented lawyer can determine if your case is likelier to generate a much higher compensation at trial. You can count on the lawyer to strongly fight for you if you choose to proceed to trial.

How to Choose the Right Truck Accident Lawyer

How do you choose the right truck accident lawyer from the large pool of lawyers in Illinois? Knowing what to look for and questions to ask when hiring a truck accident lawyer can improve your likelihood of choosing the most suitable lawyer for your legal situation.

Experience in Resolving Truck Accident Cases

Choose a lawyer whose practice area is in truck accident cases. The lawyer should know federal trucking rules and how to retrieve and analyze black box data. He or she should also be familiar with liability factors. Someone with relevant experience in cases identical to yours will know how to deal with unique legal issues of truck accidents.

To determine if a lawyer has adequate experience in truck accident cases is to ask the lawyer about your options. The lawyer should discuss your legal options, list all your avenues for compensation, and walk you through the steps he or she will take to secure sufficient compensation for you.

Another way to check if a prospective lawyer has the required experience to deliver quality legal support and representation is to check his or her website. A well-designed and up-to-date website shows the lawyer pays attention to detail. The website should contain well-researched and compelling content on the lawyer’s practice area. It should also include cases the lawyer has won through a settlement or court verdict.

Success Rate and Positive Reviews

Does your prospective lawyer have a track record of winning truck accident cases? You can determine this by checking for case results and testimonials on that lawyer’s website. You can also contact previous clients and ask them about their experience working with that lawyer. Positive comments from clients indicate a lawyer who is competent and able to address your legal needs.

Compatibility

Although you don’t have to be friends with your lawyer, you need to hire someone helpful, empathetic, and willing to advocate for your best interests. Hiring a lawyer who you are compatible with allows you to have peace of mind. It also enables you to ask questions and request updates without feeling awkward

Responsive Communication and Accessibility

Effective communication can streamline the legal process and improve the odds of a successful claim or lawsuit. Select a lawyer who is available and ready to address your concerns on time. Use the initial consultation to assess the lawyer’s communication skills.

Does the lawyer explain laws and precedents relevant to your case in simple and clear language? Does the lawyer pay attention when you are talking? The initial consultation allows you to get answers to these questions and gauge your would-be attorney’s communication abilities.

It is also a chance to find out the attorney’s preferred mode of communication and how often you should expect updates on your case. Receiving regular updates on your case progress will give you the much-needed peace for your recovery journey.

Manageable Caseload

A caseload is the number of cases an attorney handles at a specific time. It is a crucial consideration when selecting the right lawyer for your truck accident case. A lawyer working on too many cases may struggle to dedicate effort toward your case.

Focus your attention on finding a lawyer with a manageable caseload. Such a lawyer will dedicate sufficient time and attention to your case. The caseload becomes even more crucial if your case goes to trial due to the preparation required.

Sufficient Resources and Staff Members

Developing a winning legal strategy for your truck accident case usually involves independent investigations, collecting evidence, and hiring expert witnesses. All these tasks require money, investigative tools, and competent staff members. So, find out if your prospective lawyer has adequate resources and staff to work on your case.

A serious lawyer will have the financial and human resources to work on your case effectively. He or she will also have contacts of professionals who can help prove liability and support your case with quality expert witness testimony. These professionals include medical providers, road engineers, accident reconstruction specialists, and vocational experts.

A Fee Structure That Matches Your Financial Situation

Ask prospective lawyers about their fee structure. The objective is to find a lawyer with a fee arrangement that suits your unique legal and financial situation.

Most truck accident cases are handled on a contingency basis. This arrangement involves the lawyer working on the case without the client paying anything upfront. The lawyer then obtains the legal fees and costs incurred in handling the case from the settlement or compensation.

Be sure to ask about the expected costs, legal fees, and other possible costs if the case moves to trial. Sign the representation agreement only when you are familiar with the fee structure. Doing that will help avoid surprises at any point in the life of your case.

Excellent Settlement and Trial Skills

Insurance companies are notorious for enticing accident victims with quick settlements that often do not address the full scope of their losses. Some lawyers may want you to settle quickly so they can recover their share and move on to the next case. Don’t hire such lawyers. Instead, focus on finding someone ready to push for a full and reasonable settlement.

Negotiation does not always result in an agreeable settlement. Going to court is sometimes necessary for accident victims to get the justice and compensation they require to move on with their lives. So, it is crucial to choose a lawyer with trial expertise.

At trial, the liable party’s insurance lawyers may attempt to shift some liability onto you to devalue your claim. A lawyer with demonstrated trial experience can help deconstruct such claims.

Inquire about the cases your lawyer has resolved through a settlement or trial process. Visit the website to see if this information is available. Doing that will help you determine if your potential truck accident lawyer has sufficient settlement and trial skills.

Don’t suffer alone after a truck accident in Peoria and Chicago, Illinois. Instead, schedule a free case evaluation with a Chicago truck accident lawyer at Strong Law Offices to discover your legal options and available recoverable damages. Contact us today at 309-688-5297.