“Each day, drivers are injured on I-55, I-270, I-255, I-64, I-40, and I-44 by semi-truck drivers not paying attention to the roadway ahead of them. It is critically important we get the evidence of the trucker’s errors as soon as possible.” –Josh Evans
You must show the truck driver caused the collision. Many times, this is easy because there is a police report. Sometimes, the truck driver is given a traffic citation. Other times, it is less clear who was at fault. This is where an investigation into the wreck with an accident reconstructionist will be helpful.
The trucking company will have one dispatched to the scene as soon as possible. These types of experts cost several thousand dollars. You could hire your own or hire a truck accident lawyer who will front the cost of all fees and expenses in investigating the claim.
Without cost to you, a law firm can determine whether the driver violated any of the Federal Motor Carrier Safety Act guidelines. Violations include:
In most cases, no. Truck drivers have commercial liability insurance policies with a minimum of $750,000 to a $1,000,000. If the truck was owned or operated by a large trucking company, that insurance policy will be much larger.
Should your case be catastrophic, the policy may not cover all the damages. In that case, you can decide to pursue the driver or the company in excess of the policy. However, that will be a choice you can make later with the help of a knowledgeable attorney.
It is important to gather as much information about the vehicle involved as you can. Information about the driver is a good place to start. In addition, you should secure all the information about the owner of the truck, including whether the vehicle was leased by another company or driver.
Often times, the police report will contain this information. Other times, the police are not on scene or fail to gather relevant information. Witnesses to the wreck are also very important. The truck driver may claim you are at fault, so it is important to secure any statements that may help your case. A truck collision lawyer can gather all this information and will do so without upfront cost to you.