Truck Accident Lawsuits: Answering Your Frequently Asked Questions

There’s no question that truck accident lawsuits are notoriously difficult to navigate — especially for victims of truck crashes. They’re thrown into this situation against their will.  Medical bills are now piling up, and they can’t go back to the life they once enjoyed.

While the law cannot physically undo the damage that was done, it can help make truck accident victims whole again through financial compensation. In our experience as truck accident attorneys, the only way to get this compensation is to file a lawsuit against responsible parties, including the bad truck driver, their employer, and any other parties involved.

In this article, I will answer some of the top questions people have regarding their truck accident claim. Keep reading to learn more.

If you have any questions about your case, please feel free to contact me at (312) 578-9501. I’d be happy to speak with you.

Truck Crash Case FAQs: What You Need to Know

Q: How do I pay my medical bills after a truck crash?

Unfortunately, trucking companies and their insurers will not pay your medical bills as they come in. A defendant insurance company will only write a check to cover medical expenses at the END of the case – whether by settlement or jury verdict. More information on alternative methods to help you with your medical bills can be found in Chapter 7 of my book, Avoiding a Trucking Nightmare.

Q: How long does a truck accident lawsuit take to resolve?

It depends. It may not seem like a particularly helpful answer,  but it’s the truth. Some law firms advertise that they will have your case settled in “x” amount of days guaranteed. Those firms typically settle their client’s cases for pennies on the dollar. On the other hand, our firm has one and only one goal in mind: to net you the most amount of money as possible. Obviously, we try to move your case through the system as quickly as we can.

However, we make sure that we conduct a thorough investigation and discovery process, crossing all of our “T”s and dotting all of our “I”s. Sometimes, that can take time, often due to the roadblocks put in front of us by insurance companies. In our experience, though, having the patience necessary to properly build a truck accident lawsuit against a trucking company is worth the wait.

Q: Should I talk to the bad truck driver’s insurance company?

No. While insurance companies market themselves as being “friendly neighbors” and keeping you “in good hands,” the reality is that they are in the litigation business. Their job isn’t to help you or compensate you fairly on your claim. It’s to keep the most amount of money as possible in their hands–and out of yours.

Whenever an insurance company contacts you to discuss your case, a red flag should go up in your head. If it’s the trucking company’s insurer, direct them to your attorneys immediately. You have no obligation to discuss your case or your injuries with them. If it’s your own insurance company, you should probably still direct them to your lawyer. If nothing else, your attorney can be on the telephone with you as you discuss medical payment coverage or getting money for your totaled vehicle.

Q: Does it matter which truck accident attorney I actually hire?

Absolutely, yes.

Here’s why: Our client, Bethany, came to our office about six months after she had hired another firm that held themselves to be competent trucking lawyers. She complained to us that she never received responses to any of her calls or emails to her lawyers. In the six months since she had hired these lawyers, they had not done a thing to move the case forward – no investigation, no procuring medical records, nothing. The former attorneys told our client that they were waiting for her to finish medical treatment before they would start to work up her case.

Unfortunately for Bethany, all her previous attorneys had done was give the insurance company a massive head start in preparing the case for trial. Within a month of hiring us, we requested all of her medical records and bills, hired an investigator to obtain witness statements, subpoenaed the Illinois State Police for their entire investigation file (including video footage taken from inside the truck driver’s cab), and put her case in suit.

In Bethany’s case, she was able to find good lawyers in time to fix the mistakes of the lawyers she hired originally. Other folks that have come through our door over the years have not been so lucky.

Q: What should I look for in a truck crash lawyer?

Generally speaking, a good truck accident attorney should be able to:

1. Promptly investigate your case.
2. Guide you through every aspect of the lawsuit.
3. Discuss your options and make recommendations.
4. Build and improve the value of your case.

More important than any of those things, a good trucking lawyer is someone who you can trust. If you meet with an attorney and do not trust that he or she is willing to fight for your case competently and ethically, it’s time to continue your search.

Q: What is a deposition, and what can I expect?

A deposition is an oral testimony taken under oath before a trial or arbitration. It is customary that depositions be taken of all parties in a lawsuit. Oftentimes, depositions are also taken of witnesses and others who might testify at trial, including family members. Depositions often take place in a conference room or office. It is a very important milestone in any lawsuit.

What questions will you be asked? These queries will pertain to any information relevant to your truck accident case. For example, you will be asked about your medical, employment and educational background, as well as about the crash and your injuries.

Prior to your deposition, your attorney will meet with you. In a typical preparation meeting, your attorney will explain the types of questions you may be asked, the rules of depositions, what to wear, and more. In many cases, your attorney may put you through a mock cross examination, so you are more comfortable when the insurance company lawyer asks you questions at the deposition.

The most important thing to know for a deposition is: Tell the truth. An injured victim’s deposition will never, by itself, win a trucking crash case. But, if an individual plays fast and easy with the facts of the crash, or greatly exaggerates their injuries, it can be a catastrophic blow to the case.

Q: How long do I have to file my truck accident case?

The answer to this question varies considerably depending on the type of case, the jurisdiction, and the potential negligent defendants. In Illinois, for example, most victims injured in a trucking crash have two (2) years from the date of the accident to file a lawsuit against the trucking company.

However, there are exceptions. Say, for example, the negligent driver was an employee of a municipality of government agency. Many government entities have immunities that limit the amount of time you have to sue them after an accident.

Additionally, in many other states, you have an obligation to notify the defendants of a potential lawsuit well in advance of filing the lawsuit. In some cases, we have seen notice rules that require an injured victim to notify defendants of a potential lawsuit as quickly as 90 days after your injury.

All of this is to say that if you are injured in a trucking crash (or really any type of accident in which someone was negligent), it’s important to consult an attorney ASAP to learn your rights and obligations for filing your lawsuit.

Q: I may have some fault in the crash – how does it affect my case?

Sometimes, our clients feel some guilt that their actions may have contributed in some way to their injuries.

In Illinois, we have what’s called a modified comparative fault rule. What that means is that at trial, a jury will determine whether you have any responsibility for the accident. If they determine that your actions contributed to the crash, they will apportion how much responsibility your bear versus the truck driver.

If a jury determines that you bore no responsibility for your crash, you would be entitled to all of the damages that the jury awards. If the jury determines that you were 10% responsible for your crash, the judge would reduce the total damages awarded by the jury by 10%.

There is a giant caveat under Illinois law: If a jury determines that you’re more than 50% responsible for your own crash, you are not entitled to recover anything against the other driver.

Q: The truck driver’s insurance company “admitted fault” – should I settle?

No. First off, an insurance claim adjuster’s assertion that the company has “admitted fault” means nothing. It may or may not be true, and it’s not binding in court. Nothing prevents the insurance company from telling you that it’s admitting fault all while getting admissions from you that they can use to dispute fault later on.

Second, in the exceedingly rare scenario in which a trucking insurance company is accepting responsibility for their conduct, the insurance company will not be offering you close to what your case is worth. “Admitting fault” when talking to an injured victim is part of the insurance company playbook on how to resolve cases early (for pennies on the dollar) before you hire an attorney who understands what your case is actually worth.

Q: I can’t go back to my old job – how does that factor into my case?

If the injuries from the truck crash render you unable to return to your previous job on a temporary or permanent basis, you may be able to recover those lost wages from the trucking company and their insurer.

In cases when you can no longer return to your old job, your attorney will likely hire an economist to assess the financial damages you have suffered as a result of these injuries. To do so, they will evaluate the earning capacity you had in your previous job and compare it to the earning capacity you now have given your physical limitations. The difference in those two figures represents what’s known as your “lost earning capacity.” For more information on what damages may be available to you, check out Chapter 4 in my book, Avoiding a Trucking Nightmare.

Want to Learn More About What to Expect in Your Truck Accident Lawsuit? Get Your Free Book Today

If you’re one of the 120,000 people seriously injured in truck accidents every year in the United States, you need practical information you can apply to your situation today. Truck accident cases are complex, so they bring unique challenges to injured people’s lives.

That’s why I wrote this book. Click here to get your free copy today, or text “TRUCKING NIGHTMARE” to (312) 847-2428 with your address, and we’ll mail one to you–no questions asked.