Questions about commercial motor vehicle and truck crash cases

What counts as a truck crash?

“Truck” is just a faster way of saying “commercial motor vehicle.”

We work on cases involving crashes with semi-trucks, garbage trucks, flatbeds, heavy equipment—vehicles a driver needs a special license to operate.

What is my truck crash case worth?

No good, honest lawyer should answer a question like this.
 
The truth is, we need to know about the crash facts,  the injuries, the losses and damages, to give you a solid estimate of your case value. 
 
Often, it takes awhile before we know the full extent of your injuries and damages. Let us know if you want to talk about it.

How much does it cost to file a truck crash lawsuit?

It depends on the case, but justice can be expensive. That’s why we pay the costs up front, and our clients reimburse us when we win.
 
Common costs in truck crash cases include:
  • Court filing and service fees: $500-$1000
  • Medical bills and records: $50 – $500
  • Investigators: $1000-$2500
  • Expert witnesses: $2500 + 
  • Depositions (recorded statements): $2500+
There might also be fees for mediation or arbitration, and the cost of trial exhibits. 
 
You can ask to see a statement of costs at any time.

Do I have to go to trial for a truck crash lawsuit?

It is possible, but not likely.
 
There are many steps between filing a lawsuit and going to trial. The court system is set up to encourage us to come to an agreement before the trial date. 
 
But we are always preparing for trial in the background – and we are ready for it. 

Can I handle my own truck crash lawsuit?

Can you take out your own appendix? Can you repair your own home foundation?
 
You can try— but unless you’re an expert, it could cause a lot of damage. 
 
There are some types of personal injury claims that you can handle yourself. If your injuries are very minor, and there is only one insurance company involved, then you can probably make a claim and get a close-to-fair settlement. 
 
Truck crash cases are different. Different rules and laws apply to commercial motor vehicles (trucks). The injuries and damages are usually much more serious. And their insurance companies and lawyers are very aggressive. 
 
You should talk to a lawyer—or, to a few lawyers—before you try to handle it yourself. 

Why do you say truck crash, not truck accident?

We believe drivers should take responsibility for their own actions.
 
Nearly all of the truck crashes we see were the very predictable result of bad driving choices – not inevitable, unforseeable “accidents”. 
 
Dropping a glass of milk on your clean floor is an accident.  Stepping on the dog’s tail is an accident. 
 
Getting high and driving an 80,000-lb semi-truck at 75 mph is a choice. 
 
That’s why we often use “crash” or “collision” instead of “accident”. 

Do semi-truck drivers have to give drug tests after a crash?

If the trucker got a citation from police, then they will need to take a drug test. This is an FMCSA (federal) rule for truck drivers, so it is the rule in every state.
 
If the trucker did not get a citation, then it is up to their employer – unless someone was killed in the truck crash. Employers are only required to do a drug test after a crash if someone died.   

How do you know if a semi-truck driver was distracted?

It’s hard to know for sure without a full investigation—that’s why we hire professionals. But there are some clues that might indicate a distracted truck driver.
 
With a police report:
The police report will show if a trucker admitted to distracted driver. If police officers talked to crash witnesses, their statements may include observations of distraction.  People might say they saw the trucker “looking down” or holding something, or had seen the truck swerving. In our own investigations, we find that witnesses have a lot more details than the police report.  
 
Without a police report:
You can guess that distraction may be a factor in a truck crash if there was no other clear reason for it. For example, a trucker rear-ends a car that is stopped and signaling a turn, without slowing down, on a clear and dry day. 

Does the truck driver have to pay directly for the accident?

No. It is very rare— and expensive— to go after a truck driver’s personal assets.
 
Usually, the truck driver was on the job at the time of the crash: the employer’s insurance company pays any settlement or trial verdict. 
 
That’s why we all have insurance. 

Is it considered a wrongful death to die in a truck crash?

Yes.
 
The short version: “Wrongful death” is exactly what it sounds like—causing an unnatural death. 
 
The longer version: “Wrongful death” is the legal term for an unnatural death, resulting from an injury or incident, caused by the bad conduct of another person or a company.
 
It does not mean that anyone intended to kill the victim.
 
Wrongful death claims can come from car crashes, semi-truck crashes, being hit by a vehicle, a work injury, etc. 
 
While they are not quite the same as other personal injury claims, the process is similar.