Semi Truck Accident FAQs

 

Semi truck accident attorneys are primarily responsible for the legal details of a semi truck accident case. However, it can bring comfort and clarity to a semi truck accident victim if they understand the guidelines followed by their semi truck accident lawyer. Please read the FAQ below to become better acquainted with the nuances of a semi truck accident case.

What’s the difference between the manner in which attorneys handle semi truck accidents versus other motor vehicle accident cases?

Although the rules determining fault for the accident are generally the same, there are special laws that apply to semi trucking companies. Other differences in the way in which semi truck accident attorneys handle semi truck accident cases differently from motor vehicle accidents include the nuances of how the semi truck accidents typically occur, the types of claims that can be brought against the semi trucking companies, the nature of the investigation required by the semi truck accident lawyer, and the tactical jurisdiction issues regarding the most appropriate venue for the injury victim.

How do semi truck accident lawyers handle semi truck accidents versus other motor vehicle accident cases?

There is no difference when determining negligence.  There are four criteria semi truck accident attorneys must consider in semi truck accident cases: (1) State and federal regulations that apply to semi trucking companies, (2) the types of claims that can be brought against the semi trucking companies, (3) the nature of the investigation required by the semi truck accident lawyer, (4) tactical jurisdiction issues regarding the most appropriate venue for those injured in the semi truck accident, and (5) the manner in which many semi truck accidents occur as specific to semi trucks and other large commercial vehicles (e.g., the problems associated with turning).

I was injured in a semi truck accident where a semi truck jackknifed. Does this mean the semi truck driver was negligent? 
A common cause for semi truck jackknifing is driver negligence and is often due to the driver locking the brakes of the semi truck just before the semi truck accident. Because a semi truck can technically jackknife without an express error on the part of the semi truck driver, the semi truck accident lawyers representing the defendant will seek to avoid liability by arguing that the semi truck jackknifed due to slipperiness of the road or due to an emergency turn. This argument can sometimes be debunked after an investigation of the physical evidence present at the site of the semi truck accident.

If I am partially at fault for the accident, can I still prevail in a claim against a semi truck accident case? 

Some jurisdictions do not allow you to recover damages if you are partially to blame for the semi truck accident.  This is known as contributory negligence. Other jurisdictions, under a legal theory called comparative negligence, allocate the amount the semi truck driver and/or the semi trucking company would be liable for according to the percentage of fault for the semi truck accident a jury attributes to the semi truck driver’s negligence.

Who can sue in an injurious or fatal semi truck accident? 

The person injured in a semi truck accident or their loved ones can be involved in the lawsuit brought on by your semi truck accident.

Can I sue the semi truck driver's semi trucking company for my injuries from the semi truck accident? 

Usually, yes you can.  However, the answer depends on the relationship between the semi truck driver and the semi trucking company. If this relationship exists, the company can be held liable for the semi truck driver's negligence under a legal theory known as “respondeat superior,” meaning the agent is responsible for the principal. The semi trucking company may also be liable under the theories of negligent entrustment or negligent supervision if their drivers were not properly screened for training and past unsafe semi truck driving records. Negligent maintenance, a related legal theory semi truck accident lawyers pursue when the company fails to properly inspect and maintain the semi truck, is another approach.   

If you or a loved one has suffered an injury or death as a result of a semi truck accident, call the semi truck accident attorneys of Dwyer Williams Potter Attorneys, LLP at (800)285-8678 or submit a free online case evaluation. The initial consultation is free of charge.  If we agree to handle your injury case, we will work on a contingency fee basis, meaning we are paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date known as a statute of limitations.  Please call our semi truck accident lawyers right away to ensure you do not waive your right to possible compensation.