Not all Truck Accident Lawyers are the Same

A crash with a large truck can leave you dealing with injuries that affect nearly every part of your life. You may be facing surgery, weeks or months away from work, or a recovery that is much longer than you expected. At the same time, a trucking company and its insurance carrier may already be trying to figure out what happened and what the claim could cost them.

Kane Personal Injury can help you do the same thing from your side.

Truck accident cases are different from most car accident claims. A commercial truck is part of a business operation. That means there may be records showing how long the driver had been working, how the truck was maintained, how the cargo was loaded, and what the trucking company was doing before the crash ever happened.

Kane Personal Injury handles serious truck accident cases in New Mexico, Texas, and Illinois. We investigate not only what happened on the road, but the decisions and conditions that may have led to the crash.

Truck Accident Cases Are More Than Bigger Car Accident Cases

The size difference between a commercial truck and a passenger vehicle can make the injuries from a crash especially serious. But size is not the only thing that makes these cases different.

A truck driver may be working for a carrier that hires, trains, schedules, and supervises drivers. The truck itself requires inspections and maintenance. Federal safety rules may govern how long the driver can stay behind the wheel. Cargo has to be loaded and secured properly. The truck may also contain electronic information that helps explain what happened.

For Kane Personal Injury, that means a truck accident case begins with a broader question than simply, “Which driver caused the crash?”

We want to know what led to it.

The Driver Is Only One Part of the Investigation

A truck driver may cause a collision by speeding, following too closely, driving while distracted, making an unsafe lane change, or failing to respond to changing road conditions.

But stopping the investigation with the driver can mean missing an important part of the case.

Depending on what happened, Kane may also investigate the trucking company, the owner of the truck or trailer, a maintenance provider, a company responsible for loading cargo, or another business involved in putting that truck on the road.

For example, a driver may have been tired because of decisions about scheduling. A brake problem may trace back to poor maintenance. Cargo that shifted during a turn may raise questions about how the trailer was loaded and secured.

Truck accident cases can involve more than one mistake and more than one responsible party. Kane looks at how those pieces fit together.

Driver Hours and Fatigue Can Leave a Paper Trail

Fatigue can be difficult to prove in an ordinary car accident. A driver may simply say they were not tired.

Commercial trucking can leave more evidence behind.

Federal hours-of-service rules regulate how long many commercial drivers may drive and work and when they must take qualifying breaks. Many drivers also use electronic logging devices, or ELDs, that track driving time and other duty-status information.

Those records can help answer important questions:

Was the driver near or beyond the allowed driving time? Had the driver received enough time off? Were the records complete and consistent? Did the driver’s schedule create pressure to keep moving?

Kane may examine driver logs and other records along with the circumstances of the crash. Fatigue is not something we simply assume because a driver had been on a long trip. It is something that may be investigated through evidence.

The Truck Itself May Help Explain What Happened

A fully loaded commercial truck depends on brakes, tires, steering components, lights, coupling equipment, and other systems working properly. When something fails, determining why can matter just as much as identifying the failed part.

Was the truck inspected? Was a known problem repaired? Had a tire or brake component already shown signs of trouble? Was maintenance performed correctly? Did the driver or company have reason to know that the truck should not have been on the road?

Kane may review maintenance and inspection records, the condition of the vehicle after the crash, photographs, repair information, and expert analysis when those issues are important to the case.

The answer may show that what looked like a driver’s mistake was actually connected to a problem that began well before the truck reached the accident scene.

Cargo Can Change How a Truck Behaves

What is inside or on a commercial truck matters. Federal cargo-securement rules are designed to prevent cargo from shifting, rolling, leaking, or falling from commercial vehicles during transportation. Different loads can also present very different risks.

Improperly secured or poorly distributed cargo can affect a truck’s balance and handling. Cargo may shift during braking or a turn. Materials can fall into the roadway. In some cases, an overloaded or badly loaded trailer may make an already difficult driving situation even more dangerous.

When cargo may have contributed to a crash, Kane can look beyond the driver to questions about how the truck was loaded, who was responsible for the load, and whether required precautions were followed.

Evidence Can Disappear or Change Quickly

Some of the most important evidence in a truck accident case may not be sitting at the crash scene.

Depending on the case, Kane may need to investigate:

• Driver logs and electronic logging records
• Driver qualification and employment records
• Truck inspection and maintenance records
• Electronic data from the truck
• Cargo and loading information
• Photographs and video
• Police accident reports
• Witness statements
• Records from the trucking company
• The physical condition of the truck and trailer
• Medical records documenting the injuries

Some of this information may be controlled by the trucking company or another business involved in the case. Certain records are also kept for limited periods of time.

That is one reason it can be important to begin investigating a serious truck accident early. Kane can identify the evidence that may matter and take steps to seek and preserve it before important information becomes more difficult to obtain.

Kane Builds the Claim Around the Full Impact of the Accident

Truck crashes can cause injuries that do not end when someone leaves the emergency room.

A person may need surgery, rehabilitation, physical therapy, follow-up care, or help with everyday activities. A brain or spinal injury can affect a person’s ability to work and live independently. Even injuries that eventually heal can mean months of missed work, medical appointments, and disruption for an entire family.

Kane Personal Injury looks at what the accident has already cost you and what the injuries may mean going forward.

Depending on the case and the law that applies, a claim may include losses such as:

• Emergency medical treatment and hospital bills
• Future medical care and rehabilitation
• Lost income
• Reduced ability to earn income in the future
• Pain and suffering
• Permanent disability, scarring, or other lasting limitations
• Other losses caused by the injuries

The goal is not simply to add up the bills that have arrived so far. A serious injury claim should account for the effect the accident may continue to have on your health, work, family, and daily life.

Dealing With Trucking Companies and Their Insurers

A trucking company does not have to wait until you recover before it begins dealing with an accident.

The company may notify its insurer, gather records, inspect the truck, and begin investigating what happened. You may be contacted for information or asked for a statement while you are still receiving medical treatment.

Kane Personal Injury can handle those communications while building the case from your side.

That includes investigating who may be responsible, gathering available evidence, documenting your injuries and losses, and dealing with insurance companies and attorneys involved in the claim.

It also means you do not have to become an expert on trucking regulations and insurance claims while you are trying to recover.

Frequently Asked Questions About Truck Accident Claims

Talk With Kane Personal Injury About a Truck Accident

After a serious truck accident, it can feel as though the trucking company has information and resources you do not.

You do not have to investigate the company, interpret driver logs, track down maintenance records, or deal with insurers on your own.

Kane Personal Injury can investigate how the crash happened, determine who may be responsible, and build a claim around what the accident has actually cost you and your family.

If you or someone you love has been seriously injured in an accident involving a semi-truck, tractor-trailer, 18-wheeler, or other commercial truck, contact Kane Personal Injury for a free consultation. We can listen to what happened, explain your options, and help you decide what comes next.