If you have been involved in a serious injury accident involving an 18 wheeler, choosing an attorney may be one of the most critical choices you will make. Such accidents may cause serious injuries, severe property damage, loss of income and a complicated insurance claim. A trucking accident is not like an ordinary car accident since it may involve not only the driver but also the trucking company, the owner of the vehicle, the cargo company, the maintenance provider, the manufacturer and even several insurance policies.
First of all, you should choose an attorney with appropriate experience. Consider the possibility of working with a lawyer, who deals mainly with commercial truck accidents, not with one, who works hardly ever with this type of cases. Truck accidents may need knowledge on federal and state laws regarding trucks, the driver, vehicle maintenance, electronic logging, cargo loading and commercial insurance policies.
The second thing you may pay attention to is how well this lawyer knows how to investigate the accident and discover important evidence. Evidence which may prove that one side bears responsibility for the accident may include photos, videos, accident reports, witness statements, electronic data, maintenance records, driver logs and correspondence of the driver and trucking company.
Also you may ask the lawyer how quickly he or she will conduct an investigation of the accident. It may be possible that there are some investigators working for the trucking company and its insurer soon after the collision.
Another factor you should take into account is whether this lawyer was engaged in similar cases before. He or she may have different approach in rollover accident, underride collision, jackknife accident or rear-end collision.
Prior to hiring any attorney, you should consult him or her and find out the details regarding his or her experience and way of work
Review the Attorney's Truck Accident Experience
Every personal injury attorney does not possess equal experience dealing with 18-wheelers. These kinds of cases may contain technical evidence and regulatory laws that differ from typical car accident claims. Therefore, the attorney's experience in dealing with commercial vehicles is one of the major criteria to consider when choosing an attorney.
In order to check the attorney's experience, you can ask how many cases he or she has dealt with involving truck accidents. You may also inquire about representation in claims of similar accidents and injuries. Such answers may tell you if they possess practical experience related to your situation.
A good truck accident attorney will also be familiar with the concept of trucking regulations. Depending on the situation, the investigation may include such areas as driver hours of service, qualifications of the driver, inspections and maintenance of the vehicle, cargo securement, and other regulations. In addition, the attorney should explain to you which of these issues may be significant to your accident.
Investigate the Trucking Company
The trucking company may also have crucial information on the accident. The kind of records that may become relevant will depend on the individual case. They may include records on driver qualification, inspections and maintenance, logging data, dispatch information and any other kind of communication within the company.
Knowledgeable attorney will know what information needs to be requested and how to preserve the evidence. It is even more important when it comes to electronic evidence and its preservation during limited period of time.
Assess the Lawyer's Resources
Sometimes it becomes necessary to hire an expert witness for a complicated case of truck accident. Every case does not require hiring a specialist, but your lawyer should have access to the specialists in order to examine the evidence.
You should find out whether the firm has enough resources to perform a comprehensive investigation in case of a complicated truck accident. A firm ready to invest money and effort in investigation of the case is likely to handle disputes with big trucking companies and their insurance carriers
Take into Account the Trial Experience of the Lawyer
Another point to pay attention to when selecting an 18 wheeler accident lawyer is trial experience. Though the majority of personal injury cases are settled and do not go further than negotiations and compromise, the attorney should be ready to take necessary legal actions in case the parties cannot find the common ground.
Ask whether the lawyer has any experience in litigating truck accidents and whether he has already represented such claims in court. Trial experience is no guarantee of some specific results, but it shows readiness of the attorney to fight for his client's rights beyond preliminary negotiations.
Get to Know about the Payment Terms
When choosing an attorney, try to get information about how the payment terms and other expenses will be organized. It is rather a common thing that personal injury lawyers represent their clients in accordance with the contingency fee arrangement; however, there may be various options between different firms.
Ask whether the lawyer charges for services in percent from the recovery and whether the percentage varies if the case goes to trial. Besides, ask about such expenses as court fees, expert fees, investigation expenses, medical records, and other costs connected with the litigation process.
Be careful with verbal explanations; read carefully the written representation agreement and ask everything you need to understand about the terms.
Communication Matters
Sometimes the communication may become crucial when dealing with a long-term accident claim. Ask who will be handling your case and how you will be getting information from the lawyer.
There are firms which prefer to communicate with clients directly, and there are those which prefer to deal with paralegals or case managers. There is nothing better or worse in the matter, but you have to be aware of what to expect.
Ask how fast the firm usually answers the questions and whether you will have a specific contact person. You should be ready to make inquiries and to receive understandable explanations.
Be Ready for the Lack of Guarantees
You should be cautious when meeting guarantees of the lawyer about a specific sum of money you will get. The value of an accident claim depends on a number of factors: liability, injuries, medical expenses, lost wages, insurance coverage, applicable state law, and evidence available
Review the Online Reviews and Reputation
Online reviews of an 18-wheeler accident lawyer can be useful when searching for one; however, the attorney's online presence must not become your sole source of information. It is quite possible that the numerous reviews mean nothing because the lawyer who received all of those reviews might be a perfect fit for somebody else's case.
Try to find information regarding the attorney's professional background, his/her experience, practice areas, and past cases involving commercial truck accidents. Also, it is a good idea to check whether the lawyer has a license to practice law in the particular state.
When reading the reviews, try to notice something about the communication, professionalism, responsiveness, and the way the whole legal process was managed by the law firm. Please remember that any review reflects personal experience and might not reflect all the features of an attorney.
Discuss Your Accidents
When discussing your case, tell the lawyer the details about the accident. Explain how it happened, at what location, what injuries you received, and did you talk with any insurance company.
It would be great if you have some documents that are related to the accident – the police report, photos, medical records, any information from insurance companies, etc. The more information the lawyer has, the easier it will be for him/her to understand what additional investigation is needed.
Do not lie or change any facts. An attorney should know the truth about your case to provide you with proper legal services.
Consult More than One Attorney
There is no reason why you have to hire the very first lawyer that you contact. If you have an opportunity, it would be better to consult several lawyers.
Compare their experience in the field of commercial trucking, investigation method, communication style, fees, and other things that might influence the outcome of your case. Ask each lawyer the same questions in order to be able to compare the answers.
The cheapest lawyer is not the best one and the most expensive one is not always the most qualified. Your task is to find the attorney with the proper experience and resources to deal with your case.
Choosing an attorney is an important step
Conclusion for Picking the Right 18-Wheeler Accident Lawyer
The search for an appropriate 18-wheeler accident lawyer will not just include finding the company with the largest advertisement space. Important aspects in the choice are the experience of the attorneys, their abilities, knowledge in trucking industry matters, communication skills, resources of the company, and an exact fee agreement.
First of all, one should check whether the lawyers deal with commercial truck accidents. It is necessary to ask how often the attorneys encounter accidents similar to one's case and how they investigate trucking accidents.
Another thing to take into consideration is how the lawyer is going to establish potentially liable parties. It might seem that the liable party will always be the truck driver, but sometimes responsibility lies on other parties according to the situation. They might include the trucking company, the owner of the vehicle, the maintenance company, the cargo loader, the manufacturer, and any other business.
Thus, the investigation is the way to determine what happened and what liable parties might be in the case. The lawyer should inform what kinds of evidence are needed and how the firm is going to collect them.
Also, the first visit is a good occasion to see how effective the communication is. If the attorney cannot explain the procedure of working on your case in detail or does not answer your questions, it is worth considering choosing another attorney.
Finally, it is necessary to carefully study the fee agreement before hiring any lawyer. One should understand the attorney fees and case expenses and how the litigation process will be charged.
An accident with an 18-wheeler may have a lot of serious consequences. A professional attorney will help a victim understand his/her rights, to conduct an investigation, to communicate with the insurance companies, and to get the appropriate compensation according to the legislation.
As the laws and deadlines for truck accidents differ from state to state, it might be useful to contact a qualified attorney from the same state. This article offers only general information and is not a legal advice
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
