You should ask a truck accident lawyer how many trucking cases they’ve actually taken on, who handles the investigation once you sign, how they plan to deal with the trucking company’s insurer, and what happens with fees if the case doesn’t go your way.
A first meeting is your chance to figure out who you’re trusting with your case. Ask about the lawyer’s truck accident experience, how they will investigate the crash, how they will handle the insurance company, and how they will keep you updated. Truck accident cases play by different rules than a regular fender bender.
Federal trucking regulations, driver logs, and companies with entire legal teams on standby all come into play, and the questions you ask upfront can make the difference in protecting your rights before you’ve even signed a retainer.
What Questions Should You Ask a Truck Accident Lawyer?
These are the questions to ask every lawyer you interview for your truck accident claim:
How Many Trucking Cases Have You Actually Handled Recently?
Car accidents and truck accidents are not the same. Trucking cases involve federal safety regulations, black box data, and sometimes multiple defendants, so it’s important to ask how many trucking cases the attorney has handled specifically in the last few years, rather than just how long they have practiced personal injury law in general.
Who Handles My Case Once I Sign?
In many firms, your file is quickly handed off to a paralegal or associate after the initial meeting. It’s important to know in advance who will be answering your calls when you have questions.
Do You Know How to Get the Driver’s Hours of Service Records?
This can be confusing for many, but it’s extremely important. Most commercial truck drivers are required to use electronic logging devices to track their driving hours. This information can help determine if a driver was fatigued or driving over the legal limit when an accident occurred.
Be sure to ask the attorney if they know how to request this data quickly, as trucking companies aren’t obligated to keep it for long.
What Insurance Coverage Should the Trucking Company Have?
The FMCR sets minimum liability insurance requirements for commercial trucking companies, ranging from $750,000 to $5,000 depending on whether its contents are general freight or anything hazardous.
A good attorney should know how to review the available coverage and challenge it when the company’s insurance limits appear too low to cover the full cost of your injuries.
What’s Your Fee Structure, and What Happens If We Don’t Win?
Most truck accident attorneys operate on a contingency fee basis, which means they receive payment from your settlement rather than charging you upfront. However, the percentage they take and what counts as reimbursable costs versus fees can differ significantly between firms. Make sure to get these details clearly outlined in writing before you sign any agreements.
How Do You Handle Shared Fault?
Every state handles comparative negligence a little differently, and some cut off your recovery entirely once you cross a certain percentage of blame. It’s worth asking directly how the attorney plans to minimize your share of fault, especially if the trucking company’s insurer tries to shift blame onto you early in the negotiations.
Key Takeaways
- Ask how many trucking cases the attorney has personally handled recently, not just their general injury caseload.
- Confirm who will actually be managing your file day to day.
- Make sure the attorney knows how to request electronic logging device data before it’s deleted.
- Ask what insurance the trucking company carries and whether it could cover your losses.
Get the lawyer’s fees and case costs in writing, including what happens if the case does not settle.