| Key Takeaway
Truck crashes are complex, involve multiple parties, and require fast action to preserve evidence. You need a lawyer who understands truck rules, black box data, and insurance tactics. You need a specialized truck accident attorney, not just any personal injury lawyer. |
If you were hurt in a crash with a commercial truck, this probably doesn’t feel like a normal accident.
- Everything suddenly feels heavier.
- Medical appointments pile up.
- Surgery might be part of your life now.
- Work may be on hold, and bills don’t pause just because you are injured.
On top of that, you are up against:
- Trucking companies
- Federal safety rules
- Large insurance carriers that are trained to protect their money
A lot of people in your position make one completely understandable mistake: they think any personal injury lawyer can handle a truck case.
But trucking crashes are different. These companies follow federal rules, have layered insurance, and act fast. Also, delays or wrong lawyers risk losing driver logs, GPS, and maintenance evidence.
The right step is to determine which type of attorney to choose. This guide will help you figure out exactly that.
Why Truck Accident Cases Are Different?
Truck accident cases are different because they involve federal regulations, commercial insurance policies, and company-level responsibility. Here are more reasons why they are different:
1. Multiple Defendants Are Involved
- Truck Driver
- Trucking Company
- Parts or Vehicle Manufacturers
2. Governed by Federal and State Trucking Regulations
Commercial truck accidents are governed by both federal trucking rules set by the FMCSA and state laws that apply where the accident occurs.
3. Typically Involve More Severe Injuries and Higher Damages
Here are the injuries, including:
- TBI
- Internal injuries
- Burns
- Spinal injuries
- Wrongful death
What Kind of Lawyer Do You Need to Sue a Trucking Company?
1. Personal Injury Lawyers
This is the first type most victims start with. They handle injury claims and understand how to calculate damages, such as:
- Medical bills
- Lost income
- Pain
- Suffering
But not all personal injury lawyers know truck-specific rules.
2. Truck Accident Lawyers
These attorneys focus on commercial vehicle crashes. They know:
- Federal trucking regulations
- How to read driver logs
- How to preserve black box or ELD data
- How to deal with big trucking insurers who try to lowball victims
3. Workers’ Compensation Attorneys
If you were working at the time, a workers’ comp attorney helps your employer’s insurance claim. They do not handle wreck lawsuit against the truck company directly.
4. Commercial Vehicle Litigation Specialists
At larger firms, these lawyers handle all kinds of commercial collisions:
- Trucks
- Buses
- Delivery fleets
They are used to multi-party liability and corporate defenses. They are valuable if the crash involves more than just the driver (like a company, maintenance provider, or cargo loader).
When Can You Sue a Trucking Company?
You can sue a trucking company when the truck or the company that operates it is legally responsible for your losses, including:
- Injuries
- Financial losses that insurance doesn’t fully cover
Most people think you can only sue for bodily harm, but that is not true. Even if no one was hurt physically, you may still have a personal injury type claim for things like:
- Financial losses that insurance won’t reimburse
- Relocation costs
- Extra expenses you had to pay because of the crash
- Quality of life impacts that are not covered by policy limits
For example, in a recent Reddit discussion, some had no physical injuries after a truck hit their home. But, they still had thousands of dollars in out-of-pocket costs. In those situations, if those costs are not covered by insurance, you may be able to bring a personal injury-style claim against the responsible party.
How Long Do You Have to File?
Deadlines range from one year to six years, depending on where the crash took place and the type of claim.
| Time Limit to File a Personal Injury Claim | States |
| 1 Year | Kentucky, Louisiana, Tennessee |
| 2 Years | Alabama, Alaska, Arizona, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, West Virginia |
| 3 Years | Arkansas, Connecticut, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin |
| 4 Years | Nebraska, Utah, Wyoming |
| 5 Years | Missouri |
| 6 Years | Maine, Minnesota, North Dakota |
It is important to contact a lawyer quickly to avoid missing deadlines.
Common Causes of Truck Accidents
1. Tired Driving
Truck drivers must follow Hours of Service (HOS) rules that limit how long they can drive without rest.
But the industry often pays by the mile, and schedules can be tight.
- What that means: Fatigue is a real risk factor.
- What attorney checks: Electronic Logging Device (ELD) data, driver logs, and trip records to see whether rest rules were followed.
2. Distracted Driving
Truck drivers deal with:
- GPS systems
- Dispatch messages
- Route changes
- In the Cab devices
At highway speed, a few seconds of inattention can mean travelling the length of a football field without fully watching the road.
What attorney checks: In-cab systems, dispatch communication records, and sometimes phone data.
3. Poor Maintenance
Trucking companies are required to inspect vehicles regularly. Brakes, tires, steering components, and lights must be in a safe condition.
Here are the common issues seen in crash cases:
- Worn or underinflated tires
- Suspension and steering defects
- Electrical and lighting issues
- Brake system problems
What attorneys check: Maintenance logs, inspection reports, and repair histories.
4. Cargo Issues
How cargo is loaded matters. An unbalanced or shifting load can affect braking, turning, and stability. Sometimes, a separate loading company may share responsibility.
What attorneys check: Bills of lading, weight records, and loading documentation.
5. Training Failures
Driving a commercial truck safely takes experience and proper training. Companies are expected to vet drivers and review safety records.
What an attorney looks at: Driver qualification files, training history, and prior safety records to see if proper hiring standards were followed.
6. Substance Use & Post Accident Testing
Federal rules may require drug and alcohol testing of commercial drivers. These rules come from the U.S. Department of Transportation and are enforced by FMCSA.
Testing is often required when a crash involves:
- A fatality
- Injuries requiring medical treatment away from the scene
- A vehicle is being towed due to disabling damage
- A citation was issued to the truck driver
In trucking cases, the attorney checks:
- Whether the required testing was completed
- Whether procedures followed federal standards
- Whether documentation was properly recorded
Why You Need a Specialized Trucking Attorney?
1. FMCSA Regulations
Commercial trucks must follow strict federal safety standards set by the Federal Motor Carrier Safety Administration (FMCSA), like:
- Limits on driving hours (11 hours)
- Required inspections
- Maintenance guidelines
That is where a specialized attorney comes in. They know how to find and use violations of these rules to prove the trucker or company didn’t act safely. This is something most general lawyers often miss.
2. Black Box Data
Big trucks have electronic logging devices (ELD) and black box systems that record:
- Speed
- Braking
- Steering
- Hours on the road
This data is time sensitive and can disappear or be overwritten if action is not taken quickly. A general car lawyer often doesn’t know this or how to preserve it.
3. Vicarious Liability
Under legal principles like vicarious liability, a trucking company can be held responsible for its driver’s actions. But that is not automatic. A specialized lawyer knows how to prove when the company failed to train, hire, or supervise safely.
4. Accident Reconstruction
Reconstruction specialists use scientific methods, including:
- Physics
- Black box
- Data
- Telematics
They do this to rebuild what really happened in the crash. It is an objective proof used to counter defense claims and show fault clearly.
5. Corporate Liability
Trucking companies often operate with systems and schedules that may cut corners, such as:
- Lax training
- Poor vehicle maintenance
A specialist attorney knows how to uncover failures in hiring, training, and maintenance and use them to build a case against the corporation.
6. Insurance Negotiation
Truck companies carry million-dollar commercial insurance policies. Their insurers hire lawyers who specialize in defending these claims. A specialized trucking attorney knows how to negotiate with these carriers or take the case to trial.
7. Gather Evidence That Matters Most
An experienced attorney knows how to find and demand evidence that matters a lot in truck cases. Here is the evidence:
- Driver Logs
- Maintenance Records
- Cargo Loading
- Fatigue
- GPS Tracking Data
- Inspection Violations History
- Dock Surveillance Footage
- Hours-of-Service Log Audits
Who Can Be Held Responsible?
After a truck accident, it may look like one driver made a bad mistake. But commercial trucking is a business operation. Multiple people and companies can play a role in what happened, and directly affect how your recovery gets paid for. A trucking-focused attorney investigates the following:
- Truck driver
- Trucking company
- Cargo loaders
- Maintenance contractors
- Manufacturers
What Victims Should Avoid After a Truck Accident?
Here is the reason why:
A casual conversation, a signed form, or a social post can be used to argue you weren’t seriously injured or that you caused the crash.
The common mistake you might make is talking or agreeing with the other side without a specialized lawyer. Here is how you can prevent this mistake with clear action steps:
- Don’t talk to the truck driver
- Don’t talk to the trucking company
- Don’t talk to their insurance
- Don’t post on social media
- Don’t sign anything without a lawyer
How to Find the Right Trucking Attorney
You need a right attorney who can understand the systems and can move fast before critical evidence disappears. But before you search a right attorney, a common mistake you might make is hiring a general personal injury lawyer. Here is how you can avoid this mistake with clear action steps: A right trucking attorney:
- Understands Hours of Service, DOT inspection rules, cargo securement, and how those violations prove negligence.
- Knows how to preserve and analyze electronic logs and event data before it is lost.
- Send spoliation/preservation letters for logs, maintenance files, and video immediately.
- Works with engineers who can recreate the crash.
- Can point to the driver, carrier, maintenance shop, loader, or manufacturer, whoever is responsible.
- Familiar with layered trucking policies and how to access them.
- Ready to take a case to court if the insurer lowballs you.
| NOTE: Before you hire a specialized attorney, keep a list of a questions to ask them. |
Ready to Speak With a Florida Truck Accident Lawyer?
Right now, you are probably:
- Trying to heal
- Keep up with the appointment
- Figure out how life got this complicated so fast
Truck accident cases are more than a paperwork. They involve important time-sensitive evidence. These evidences can disappear or become harder to access if no one steps in quickly.
That is where Truck Wreck Florida comes in. With over 35 years of experience, we handle serious commercial truck crash cases across Florida.
We deal with federal trucking rules, investigate the company behind the driver, and handle the insurance pressure.
Get a free case evaluation today to understand your options without adding more financial stress.
Frequently Asked Questions (FAQs)
How much can you sue a trucking company for?
Settlement amounts in truck accident cases vary a lot depending on severity, fault, insurance, and evidence.
What type of lawyer is best for suing a company?
It is recommended to take the advice from a personal injury lawyer who specializes in truck accident litigation.
What evidence is needed to sue a company?
Here is what you need:
- Official crash and scene evidence
- Truck-specific data (ELD/Black Box data)
- GPS and tracking records
- Driver logs and hours of service records
- Maintenance and inspection records
- Driver qualification and employment history
There are other lots of evidence depending on the case. It is best to consult with a specialized attorney who can take care of this job for you.
How much does it cost to get a lawyer to sue a company?
In truck accident and other personal injury cases, lawyers work on a contingency fee basis. This means you don’t have to pay anything upfront to hire them. It is best to do your research in your specific state where the accident took place.
How long does a case take?
There is no single answer that fits every situation. Some cases can settle in 6-12 months if the fault is clear and the injuries are minor. Cases with ongoing medical treatment often take 12-18 months or longer. A lawyer can give a better estimate once they know your injuries, medical timeline, and how negotiations are progressing.
Do truck accident cases go to trial?
Most truck accident cases do not go all the way to a courtroom trial. The vast majority settle out of court through negotiations between the lawyer ad trucking company’s insurer.
Can the trucking company’s insurance refuse to pay?
Yes, the trucking company’s insurance can refuse to pay. They may deny or delay a claim if they dispute fault, argue insufficient evidence, or use policy exclusions to avoid paying what you are asking for. Denial is not the end of the line. You can challenge it, appeal, or file a lawsuit with the help of an experienced truck accident attorney.
