I was in an accident that appeared to clearly be the truck drivers fault. Do I still need a lawyer to prove he was negligent?

Question: I was recently in a cement truck crash and was hit by a cement truck that changed lanes and cut me off.  It seems like a slam dunk case – I have witnesses.  But some of my friends are telling me that I need to get a truck crash lawyer because it takes a more evidence to prove that a truck driver was negligent than it does to go after a passenger car driver.  Is this true?

Response: You should at least consult with a personal injury attorney who litigates truck accidents before deciding to represent yourself.  You are not playing on a level field when litigating against a trucking company. Most trucking companies are highly skilled at auto truck accident investigation and claims practice. Their insurance company adjusters represent the truck company, not you.  And, truck companies have accident investigators that are on-call and dispatched to the scene of the crash as soon as the company learns there has been an accident. While you were dealing with your medical care and personal business from the cement truck crash, the trucking company was investigating the truck accident and setting up their legal defense.

In general, the main legal theory of liability in a truck accident case, or any other motor vehicle accident case, is negligence.  But, truck accidents differ because there is a wealth evidence  through the civil discovery process that does not exist in cases involving only private passenger vehicles.   The legal theory is the same, but there much more discovery  litigation required to pursue a negligence claim against a commercial trucking defendant.   For example, most large trucks have a "black box" which records important information that can be used for evidence in an accident case.  Additionally, big rig drivers are required to keep a log book containing information about miles driven per day, hours off duty, etc. – this information can reveal whether the driver was fatigued.    Radio recordings between a driver and his dispatch center can provide solid evidence relevant to negligence. 

Moreover, all trucking companies are required to maintain driver qualification files, which include information from state agencies (what states a driver has driven in,) prior employer contracts, copies of violations of motor traffic laws, etc.  And, oher information — toll tickets, fuel receipts, weight tickets, and other information – can be relevant to proving negligence.  However, your trucking industry defendant is not just going to hand over this information with a smile.  The truck accidents lawyers representing the trucking company will vigorously litigate exemptions to your state’s discovery rules, and otherwise try to prevent you from obtaining as much of this evidence as they can.  Discovery litigation can be complex and protracted – you also need a zealous, experienced advocate fighting for you.

Answered by Jamilla Moore

Additional Resources: Truck Driving Lawyers

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