Your Legal Options
When a collision involves a commercial truck, there are a variety of legal issues at play. While motor vehicle accident cases in Minnesota are typically based on the legal theory of negligence, suing a truck driver or trucking company may be more complicated . Not only may you have to prove that the truck driver was negligent, you might also have to prove that the trucking company was negligent by hiring, or continuing to employ, a driver with a history of unsafe driving. You should always speak with a lawyer before you talk to the insurance company because the adjuster may misstate your legal rights in the hopes that you will sign away your right to make a claim against the trucking company or fleet owner.
Who Can Be Liable?
Now that we know you can sue the truck driver, trucking company and even the manufacturer, the question becomes who should you sue? This is going to depend on the facts of your case and who you believe is most likely at fault. The theories under which you could sue the trucking company and the driver are negligence theories. A negligence theory requires the plaintiff to show a breach of some legal duty that causes the injury. In most circumstances you get to sue as many defendants as you want on a single theory. Under discovery the defendants will play their cards with respect the each other closer to their chest.
One of the most common hypotheticals is the following: you are driving on I-75 in the right lane, you look up, the semi / tractor trailer is in the left lane and you see the rear of the truck begin to slide sideways. There is only a 1% slope on the road so you know the driver did not lose control solely from the slope, but instead he possibly over-corrected and caused the trailer to slide. He swerved so fast to the right side of the road that he lost control and crashed into you causing you to have permanent spinal injuries. In this scenario you are likely going to have a good case against the driver and the trucking company.
The picture gets hazy when trying to assign fault to the manufacturer.
If the hypotheticals we discussed above was aggravated by the fact that the brakes on the tractor trailer failed and it was later discovered the brakes had defective components, you might have a case against the manufacturer and the trucking company for those injuries. Under Indiana Law multiple defendants can be found negligent on a single theory. The problem is that the trucking company is never going to admit liability!
In summary, there is no real answer to the question of who to sue. You can always sue more than one party under the lawsuit rules. You have to figure out who to name in that lawsuit. As our law blog progresses we will cover additional hypotheticals to talk about the other common issues truck accident lawyers face on a case by case basis.
Recourse Demands Evidence
Essential to any personal injury case is the evidence. In truck accident litigation, the evidence has to be more than just the facts of the crash and the corresponding injuries because of the state and federal regulations regarding trucking operations. Your attorney must gather all of the necessary evidence to create a strong case against the trucking company. That includes gathering all logs, maintenance records, repair records, inspection records, insurance records, contracts, payment records, driver qualification and disciplinary actions, accident documentation, and any incidences of driving violations. All of this, plus the eyewitness accounts from everyone involved in the accident, will help you build a solid foundation for your case against the trucking company. Most trucking companies will not freely turn over this evidence, which is why the services of an experienced truck accident attorney are crucial to the success of your potential case. If you have recently been injured in a truck accident, someone will be in touch with you shortly to discuss your legal options.
Find the Right Attorney
A proven record of success: When looking for an attorney to sue a trucking company, hire one with a history of actual courtroom experience. You should be wary of personal injury lawyers who have never actually tried an insurance company’s case in court. Your personal injury attorney should know what he or she is doing having successfully represented other clients with similar injuries as yours, and also try cases when the insurance companies won’t pay what the compensation you deserve.
Ideally, you should be represented by someone knowledgeable about Federal trucking regulations that these trucking companies are required to adhere to and who can identify the trucking company’s faults while seeking the maximum compensation from every liable party.
Specialization: A good trucking accident attorney specializes in injuries and deaths related to truck accidents. They understand how the law applies and what damages are allowed. Trucking accident attorneys will understand government regulations and how these regulations apply to the case.
Insurance & courtroom experience: These types of personal injury lawyers deal mainly with cases involving truck accidents. They understand the risks and know which insurance policies are available and how to get the coverage you need. If your case ends up in court, a trucking accident attorney will have the necessary experience to fight for you in court. The lawyers at our firm are knowledgeable in truck accident cases involving inexperienced drivers, drunk drivers, negligent drivers, injured passengers, dangerous products in the vehicle, bad weather conditions, etc.
Bring the Suit
Filing the lawsuit against the trucking company is important as you do not want to give the insurance company any more time than they need to file a motion to dismiss. If they do that, we have less options. Additionally, your attorney will need time to complete discovery.
There are two ways that we file lawsuits. In federal court, which is the case in which it is a trucking company from another state and you are in another state, we would file in the proper federal court in Michigan (if the accident happened in Michigan). Other states may have different rules, so be sure to have counsel familiar with your state and federal laws. The alternative is that we can agree with other counsel to file in a state court. Frankly, unless there is some sort of venue dispute or other issues, more often than not we file in a Michigan State Court as opposed to Federal court.
When you file in a Michigan State Court, they are transferred to the Circuit Court. This is a court of general jurisdiction. If the defendant is incorporated/has a principal place of business in Michigan, they can move to have the case transfed to Macomb County.
The lawsuit needs a summons and complaint. The summons is issued by the clerk for the court. With regard to trucking companies, we also have the initial pleadings from the insurance company, so we answer those requirements. The complaint should address in detail, the facts leading up to the accident, hopefully including some good photographs/staging of the accident scene and vehicles, police report, witness statements if they exist, and the like.
If the trucking company is from out of state where the accident happened in Michigan, then just as with any other car accident case , you would need to contact someone in that state to handle the case. If it does get moved, you will have to pay to have an attorney in that state to represent you.
Once the lawsuit is filed, the trucking company has twenty-one days from the date they are served to respond to the lawsuit. Most of the time, after service of process of the lawsuit, the trucking company will provide written discovery. That discovery consists of interrogatories (like questions to you), requests for admission (like statements they ask you to admit as true, such as the date of the accident), and requests for production of documents (they want copies of things like wage loss evidence, medical records, police reports, etc.).
The trucking company will send a letter setting a date in the Michigan location where the accident happened. They will also push their motions to dismiss on the basis of subject matter jurisdiction as the lawsuit isn’t in the proper venue. Until they do it themselves, it is smart to file a motion to get the venue out of the way. That way, if the trucking company wants to argue the issue, they can fight it out amongst each other. Once all motions are heard, there will be a scheduling conference to determine deadlines for everything.
This can be the most difficult portion of the lawsuit. Early on, creating a strategy with your attorney regarding the vision of the case is crucial. Most importantly, you can expect to be asked a lot of questions. Your deposition is a big deal. If you are well prepared, there is nothing to fear. There is no question that they will attack your credibility. If you do not get annoyed and are well prepared, these depositions usually go smoothly.
What’s the Worst That Can Happen?
The outcome of your case will depend on a range of factors, such as the severity of your injuries, the liability of the truck driver and their trucking company, the amount of your damages, and the level of cooperation you receive from their insurance company. There are two likely possibilities: you win a settlement or you go to trial. If you win a settlement, you’ll know relatively quickly if the trucking company wants to settle out of court. With a good attorney at your side, you can typically negotiate a settlement with the insurance company or the trucking company using the facts of your case. If these negotiations break down or your case requires that you go to trial, you’ll need to have all your proof ready to go. This may include eyewitness statements, medical records, your injury claim, an investigation of the scene of the accident, and more. The jury will then make their decision and render their verdict. Of course, as with any personal injury case, there is always a chance that neither scenario will take place. If the trucking company disagrees with your version of the events or the damages you’re claiming or the jury awards a lesser amount than you were seeking, you may be forced to negotiate a new agreement or receive no compensation for your losses. Fortunately, when you partner with our experienced Montgomery truck injury attorneys, you don’t have to worry about this outcome. We’ll use the facts and evidence available to us to aggressively pursue a settlement on your behalf and, should that fail, present your case to a jury to seek the damages you’re owed. Every case is different, and there is no guarantee of achieving the results you deserve. However, you can always depend on the Montgomery truck accident lawyers at Norris Injury Law to fight for your rights and your compensation.
Life After a Truck Accident Lawsuit
Once you are awarded your compensation or you have reached a settlement with the trucking company, it is likely that your attorney will be able to set you up with a financial advisor who can help you plan out how best to manage your new funds. This service is critical for most truck accident victims, who unknowingly spend much of their settlement money on new pleasures or other unnecessary items. If your settlement is substantial, then your attorney will make sure that the financial advisor helps you understand how best to distribute your funds per month , so that you don’t run out of money in the future.
Once you have this figure, you need to stick to it. With your compensation, you will be able to afford the rehabilitation services you need, as well as to live your life comfortably now that you have received treatment. However, if you spend most of your money each month on unnecessary items or activities, then you may find that there comes a time when you no longer have enough funds to pay your living expenses or keep up with your rehabilitation costs.
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