Delaware Truck Accident Lawyer

A truck accident often leads to catastrophic consequences. Large trucks such as tractor-trailers weigh many times what cars weigh, and when a collision occurs, it is usually the driver and passengers of the lighter vehicle who pay the price. If you’ve become a victim of a truck accident, you need a personal injury lawyer who is familiar with truck accident claims on your side.

What to Do After a Truck Accident

After a truck accident, you may be scared, disoriented, and/or injured. Although no one wants to consider the possibility of a truck accident, here are the steps to follow after a truck accident:

• Assess yourself and others involved for injuries. If there are injuries, call 911 for medical assistance.
• Call the police. In some states, the law requires you to file a police report if the damages total more than $500.00.
• Take accident scene photographs. Take pictures of the positions of the vehicles, the damage, and injuries that you and others may have. 
• Exchange information with other parties involved. You’ll need their insurance information, names, telephone number, license plate number, and driver’s license number. 
• Get the contact information from any eyewitnesses to the accident. If someone passing by or in another vehicle saw the accident, talk to them about what they saw and ask for their information. 

Most importantly, say as little as possible. Do not admit guilt, even if you think the accident was your fault. It’s also important to decline to make a recorded or official statement to any insurance carrier or their employees. 

What Does a Truck Accident Lawyer Do?

There are many ways a truck accident lawyer can hold a driver or even their trucking company liable for damages suffered in a car-truck collision.

Truck drivers are regulated by a very strict set of federal regulations regarding vehicle maintenance, mileage logs, consuming alcohol or drugs while driving, and how many hours per day they can drive. Our truck accident lawyers will use accident reconstructionists to find out what happened and why:

• Whether the truck was overloaded at the time of the accident, making it more difficult for the driver to stop.
• Whether the driver had been speeding, as per E-Z Pass records and other evidence.
• Whether the driver took the rest breaks required by state and federal law. Our lawyers review logbooks, gas receipts, E-Z Pass records, and other evidence to find out whether fatigue may have played a role in causing the accident.
• Whether the driver has been taking illegal drugs, such as stimulants, methamphetamines, or cocaine, to stay awake while driving.
• Whether the driver had problems such as DUIs, drugged driving charges, traffic tickets, or a criminal record.
• Whether the trucking company performed all the necessary safety inspections

What Evidence Matters Most in a Truck Accident Case?

Truck accident claims often come down to evidence, and that evidence starts disappearing fast. Commercial trucks generate records that most passenger vehicles don’t, including driver logs, electronic monitoring data, and company safety files that can show what really happened before the crash. Here’s what we look for, and why it matters to your claim.

Federal Hours-of-Service Violations

Commercial truck drivers are limited in how many hours they can drive without rest, and fatigue is one of the most common factors behind serious truck crashes. When we investigate a case, we look at the driver’s logbooks and hours-of-service records to determine whether the driver was on the road longer than federal regulations allow.

Preserving Black Box and ELD Data

Most commercial trucks are equipped with electronic logging devices and event data recorders that capture speed, braking, and location in the moments before a crash. This data is often overwritten or deleted on a routine schedule, so it needs to be secured quickly after an accident. We act fast to send preservation letters and, when necessary, pursue this evidence before it’s gone.

Who’s Liable: The Driver or the Trucking Company?

Liability in a truck accident case doesn’t always stop with the driver. Depending on what caused the crash, the trucking company itself may be responsible for pushing unsafe schedules, skipping vehicle maintenance, or failing to properly vet and train its drivers.

Multi-Party Truck Accident Claims

Truck accidents often involve more than one liable party: the driver, the trucking company, a cargo loading company, or even a parts manufacturer if equipment failure played a role. We investigate every angle of your accident to identify everyone who may be responsible, so your claim reflects the full scope of what happened.

If you were hurt in a truck accident and aren’t sure what evidence exists or how it’s being handled, call our office today for a free, no-obligation case review.

Do Truck Drivers Get Fired for Accidents?

Possibly. Truck drivers who act negligently may be at risk of losing their jobs if they cause an accident by:

• Not being a careful driver. If more caution could have prevented an accident, their employer may fire them or take disciplinary action. 
• Engaging in aggressive behavior (i.e., road rage) that led to an accident.
• Speeding. Trucking companies have a low tolerance for drivers who do not keep the posted speed limit and cause accidents.
• Driving under the influence of drugs or alcohol.

Not every accident involving a truck is the driver’s fault. Even if the driver is found to be at fault, there may be disciplinary action against them that does not include loss of their employment.  

Common Causes of Truck Accidents

Some of the most common causes of truck accidents include driver error, truck problems, and poor weather conditions. In fact, driver error is one of the biggest cause of truck accidents.

• Driver Error – Driver error can include fatigue, impaired or distracted driving, speeding, and reckless driving.
• Truck Problems – Common truck problems include equipment failure, poor or lack of maintenance, and overloaded cargo or the improper loading of cargo.
• Poor Weather Conditions – Poor weather conditions like snow, rain, or fog can increase the chance of a crash.
• Poor Road Conditions – Potholes, debris in the road, and uneven pavement can make it more difficult to control a vehicle, especially a large truck, which can cause an accident.

Did you know you could potentially sue the government for poor road conditions that led to your crash? Talk to a lawyer today for help determining your next steps.

What Percentage of Work Zone-Related Accidents Involve Large Trucks?

Work zones present an added layer of risk to a roadway. Between 2012 and 2012, 3 in 10 fatal work zone crashes involved large trucks. That is significant because deadly crashes involving large trucks only accounted for 12.3% of the total deadly crash count for that time. 

How Can a Truck Accident Lawyer Help?

Truck accidents often involve numerous parties who may share liability, like truck owners and operators, trucking companies, drivers, and the company that loads the truck. An experienced attorney will review your case and find every possible point of liability so that you know what to do after a truck accident to more accurately file your claim. 

Ideally, you should consult a truck accident lawyer as soon as possible after your accident. You can contact our truck accident injury attorneys directly from the accident scene. The sooner a truck accident attorney is involved, the less stress you have to worry about saying the wrong thing to an insurance company or determining where to file a claim. 

What Is the Average Truck Accident Settlement?

It is important to determine who is liable in a truck accident case because it helps establish who has to pay, and how much. However, every case is different, so there is no “average” truck accident settlement amount. The best way to know how much your case is worth is to talk to a lawyer about the specific details concerning what happened to you.

How Much Do Truck Accident Lawyers Charge?

When you hire us for a truck accident claim, you will pay a portion of any settlement amount you are awarded to us at the time it is received for our attorney fees. If we don’t win your case, we don’t collect any fees.

A contingency fee is a way of collecting attorney fees for representation in a truck accident case without requiring the client to pay up front. At Shelsby & Leoni, we understand that you already have expenses related to your accident that you cannot pay, and you may be missing work due to truck accident injuries you have sustained.

Contact Our Truck Accident Lawyers for Help Today

If you have been injured or lost a family member in a truck accident, contact our truck accident lawyers today for a free initial consultation. We help clients in and around Delaware.