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St. Louis
Case Types We Handle
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Common Myths About Truck Accident Lawsuits

Injured in a truck accident?

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Written By:
Tor Hoerman
Tor Hoerman

Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.

TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Misconceptions and Common Questions About Truck Accident Lawsuits

Truck accidents don’t just cause extensive damage to vehicles.

Because of extreme weight and loaded cargo, trucking accidents can lead to debilitating and life-threatening injuries like traumatic brain injuries, spinal cord injuries, broken bones, and soft tissue injuries.

In accidents involving large trucks, death can be a catastrophic result.

If you’ve been injured in a truck accident at no fault of your own, you may be eligible to file a lawsuit and seek compensation from the at-fault parties.

Common Myths About Truck Accident Lawsuits; Truck Accident Lawsuits; Truck Accident Lawyers; Truck Accident Cases

While getting legal representation seems simple enough, the process of filing a truck accident lawsuit is fraught with misconceptions and myths.

We are here to present the truth about filing truck accident lawsuits.

By knowing the truth about truck accident lawsuits, you’ll be better equipped to sue a negligent truck driver, trucking company, or the trucking company’s insurance company.

Let us get you back in the driver’s seat.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a truck accident lawsuit instantly.

Table of Contents

What You Should Know About Hiring a Truck Accident Lawyer

One of the most commonly misunderstood aspects of truck accident claims is the role of the truck accident attorney.

Hiring an attorney is critical to the success of your truck accident claim.

With this in mind, you must be clear about what to expect from your truck accident lawyer.

Here are some of the things you should know when you hire a lawyer for your truck accident case.

Common Myths About Truck Accident Lawsuits

Your Truck Accident Lawyer Is Also a Personal Injury Lawyer

Truck accident law is part of personal injury law.

When you hire a truck accident attorney, your attorney will treat your truck accident case as a personal injury case.

This means that your lawyer will be working to strengthen your case based on the elements of a personal injury case — negligence, causation, injury, and damage.

While there might be criminal charges against an at-fault party, your truck accident case will be a civil lawsuit.

To learn more about civil lawsuits, visit our page explaining the process of civil litigation.

Your Attorney’s Methods May Differ Depending on the State Your Trucking Accident Was In

Not all states have the same personal injury and truck accident laws.

For example, the laws in Illinois will differ from the truck accident laws that govern vehicle accident cases in Missouri, including things such as statute of limitations, caps on damages, and more.

Your attorney will clarify these factors in regard to your individual truck accident case.

Because of the variations between states, your attorney will do things differently depending on where you had your accident.

In any case, your attorney will work towards proving errors on the part of the negligent party and how the negligence of the other party led to your injuries.

Your Truck Accident Lawsuit Is Too Important To Leave to Just Any Attorney

Many law firms will advertise truck accident lawsuits as one of their specialties.

However, you must be picky with your attorneys to maximize your chances of success.

Now, you might be wondering what to look out for in a truck accident lawyer. As a rule of thumb, look for the track record.

You’ll want a trucking accident attorney who isn’t just an expert on personal injury law.

You’ll want an experienced attorney who has represented countless truck accident and personal injury victims in their claims.

If you’re looking for an attorney with a proven track record of representing clients, look no further.

We have helped countless truck accident victims recover financial compensation from negligent trucking companies and their insurance providers.

Contact TorHoerman Law for a free consultation or use the chatbot on this page to find out if you qualify for a truck or auto accident claim.

Our Attorneys Work on a Contingency Fee Basis

One of the most common misconceptions about hiring a personal injury or truck accident lawyer is that you need to pay a certain amount before proceeding with legal action.

This isn’t true.

When you hire an attorney from TorHoerman Law, you do not have to pay any fees up front due to our contingency fee agreement.

In a contingency fee agreement, you DO NOT pay any fees for legal representation unless your truck accident case ends in compensation awarded to you.

When you choose TorHoerman Law, you’ll get legal representation that puts your interests and rights first.

Contact us or use the chatbot on this page to get a free consultation.

Startling Statistics on Trucking Accidents: More Frequent Than Most Think

Many people think that truck accidents aren’t common, but the statistics say otherwise.

Worse yet, the numbers paint a disturbing picture of how likely it is for someone to die or sustain injuries from a truck accident.

If you’ve been injured in a truck accident, seek medical treatment immediately and contact us for a free case evaluation.

Common Myths About Truck Accident Lawsuits

Accidents Involving Large Trucks

Accidents involving large trucks resulted in thousands of fatalities between 2016 and 2021.

According to data gathered by the Federal Motor Carrier Safety Administration (FMCSA), nearly 5,000 people died in accidents that involved large commercial trucks in 2020.

Deaths from Semi Truck Accidents

According to the National Safety Council, semi-truck accident cases were at an all-time high between 2016 and 2021.

Between these years, more than 6,000 deaths were recorded as a result of reckless and negligent truck drivers and their trucking companies.

Truck Accidents Cause Thousands of Severe Injuries Per Year

Besides death, truck accidents cause numerous serious injuries, ranging from soft tissue injuries to traumatic brain injuries.

According to the National Safety Council, truck accidents caused roughly 117,300 injuries in 2021.

How Liability Is Determined: It's Not Only the Driver You Can Sue

Another common misconception about filing lawsuits is that the truck driver is the sole at-fault party in a trucking accident case.

This isn’t true.

Several parties that make up the trucking industry may be liable for your truck accident.

Liable parties may be commercial truck drivers and the companies they work for, and in some cases, the truck manufacturer may be held liable if the accident was the result of a defective truck.

Below are different parties that could be held liable in truck accident cases.

Common Myths About Truck Accident Lawsuits

Commercial Truck Drivers

Truck drivers may be liable if the investigations show that they drove recklessly. They may also be liable if they displayed signs of distracted driving or driving under the influence of alcohol.

The Truck Company

Sometimes, truck drivers don’t mean to drive negligently.

At times, they may be experiencing driver fatigue, and in this case, the truck company may be liable for not ensuring that their drivers are well-rested before their shifts.

Federal law restricts the number of hours commercial truck drivers can be on the road and federal regulations on hours are in place to prevent accidents caused by driver fatigue.

A trucking company may also be liable financially if it doesn’t carry liability insurance.

Liability insurance is a must for covering damages, and without it a company can be liable for injuries and damages.

Truck Parts Manufacturers

Commercial motor vehicles like trucks must be in peak condition when they make it to the roads.

If they’re not, they can cause catastrophic car accidents and injure motorists and pedestrians.

When a truck manufacturer fails to check its trucks for defects, it may be held liable for any accidents the truck causes.

These defects can range from problems with motors, unsecured cargo, and other issues that can cause major accidents.

Independent Contractor

Independent contractors are drivers hired by a trucking company.

While contractors aren’t employees of trucking companies, they may also be liable if they engage in reckless or distracted driving.

The hiring company may also share the blame if it’s found that the contractor wasn’t qualified to drive a truck.

What's the Average Settlement Offer After a Successful Truck Accident Lawsuit?

Common Myths About Truck Accident Lawsuits

When you file a truck accident lawsuit, you may be able to recover a significant settlement.

A fair settlement would compensate you for several expenses and damages, like medical expenses, lost wages and pain and suffering.

The average truck accident case may settle for over $100,000.

This is by no means a guarantee of financial compensation for your truck accident case, it is merely an estimation based on previous results in other truck accident cases.

Contact a truck accident attorney for more information about your individual case.

TorHoerman Law: Your Truck Accident Lawyers

If you or a loved one have been injured in a truck accident at no fault of your own, you may be eligible to file a truck accident lawsuit and seek financial compensation for what you’ve been through.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a truck accident lawsuit instantly.

Frequently Asked Questions

  • How Long Do I Have To File A Truck Accident Lawsuit?

    Understanding the timeframe to file a truck accident lawsuit in your respective state is extremely important.

    It’s important to contact a lawyer as soon as you can after the incident and retain evidence to be used in a claim.

    Some important aspects related to filing truck accident lawsuits include:

    • Statute of Limitations:  Each jurisdiction sets its own timeframe for filing such a lawsuit. The statute of limitations for car and truck accidents is typically two years, but circumstances in individual cases may impact regulations in place.
    • Legal Advice:  Prompt legal consultation ensures you meet all necessary deadlines and protects your rights. Your car or truck accident lawyer will be able to identify applicable laws and strategies in regards to your case.

    An experienced truck accident attorney can guide you through the legal process, making sure that your case is filed promptly and correctly.

  • What Can I Receive Financial Compensation For in a Truck Accident Lawsuit?

    Truck accident victims injured at no fault of their own may be entitled to financial compensation for the multitude of monetary and non-monetary impacts of the accident.

    These are referred to as damages.

    Truck accident lawsuit damages often include:

    • Medical bills, future medical expenses, and therapy costs
    • Lost wages and earning ability
    • Emotional damages, such as pain and suffering and mental anguish
    • Property damage or loss
    • Permanent disability
    • Lost quality of life
    • Other compensatory and punitive damages
    • Wrongful death

    It’s important for victims to understand the scope of damages that may be available to them after a truck accident.

    Your attorney will work with you to assess and calculate your damages and ensure that your claim covers the extent of what you and your family has experienced.

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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