Hire a truck accident attorney the moment you feel unsure about what to do next. Immediately seek legal advice if the trucking company’s insurer contacts you, your injuries require ongoing medical care, or multiple parties might bear fault.
A collision with a commercial truck involves complicated state and federal regulations, and trucking companies have teams ready to protect their interests immediately. Having someone on your side ensures your rights are protected from the very beginning.
If you have a question about your situation, call Coates Law Office at (603) 262-5766.
Key Takeaways for Hiring a Truck Accident Attorney
- Act immediately to preserve evidence. Trucking companies are only required to keep data from a truck’s electronic logging device for a limited time. An attorney sends a legal notice to ensure this critical evidence is not destroyed.
- Do not give a recorded statement to the insurer. Adjusters are trained to use your words against you to reduce your claim’s value, and you are not required to provide a statement to the other party’s insurer.
- Identify all responsible parties beyond the driver. Liability in truck accidents often extends to the trucking company, maintenance crews, and cargo loaders, which increases the potential for full compensation.
The Insurance Adjuster Is Calling. What Should You Do?
After a crash, you will almost certainly get a call from the at-fault party’s insurance adjuster. They may sound helpful and concerned, asking for your side of the story and perhaps offering to take a recorded statement to speed things up. It’s a moment filled with pressure when you are likely still processing the collision.
The adjuster’s role, however, is to protect their company’s financial interests. They are a business, which means they must balance paying out claims with maintaining profitability. Their investigation is designed to find any information that could reduce the value of your claim. A recorded statement is an official record where seemingly innocent answers are used against you later in the process.
For example, a simple question like, “How are you feeling today?” could be met with a polite “Fine.” This is later misinterpreted as evidence that your injuries are not serious. An offhand comment like, “I was in a bit of a hurry,” could be used to suggest you were driving carelessly or speeding. Adjusters are trained to ask questions that might lead you to unintentionally accept partial blame.
This matters in New Hampshire. Under the state’s modified comparative fault law (NH RSA 507:7-d), your compensation decreases by your percentage of fault. If a court finds you 51% or more responsible for the crash, the law bars you from recovering any compensation at all.
Any percentage of fault below that threshold will reduce your compensation proportionally. The moment an insurance adjuster asks for a recorded statement is a clear sign that it’s time to speak with an attorney.
You are not legally required to provide a recorded statement to the other party’s insurer. Instead, politely decline by saying, “I’m not ready to discuss the details of the accident right now.” An attorney takes over all communications with the insurance company for you. This stops the persistent calls and protects you from saying something that could weaken your case before it even begins.
It’s More Than Just a Driver. Who Is Actually Responsible?
In a typical car accident, the question of fault typically begins and ends with the other driver. But a crash involving a commercial truck is rarely that simple.
One key legal concept is respondeat superior, a Latin term meaning “let the master answer.” This rule holds an employer responsible for the actions of their employees if those actions were performed within the scope of their job. This opens the door to investigating not just the driver, but the entire operation behind the truck. Consider the various parties who might share liability:
- The Truck Driver: The investigation starts here. Was the driver distracted or fatigued? Did they violate federal hours-of-service rules, which strictly limit driving time? Was there any evidence of substance use, which is governed by strict federal law?
- The Trucking Company (Motor Carrier): The company’s practices are just as important as the driver’s actions. Did they fail to conduct proper background checks or provide adequate training? Did their scheduling practices encourage drivers to bend safety rules to meet deadlines? Was required vehicle maintenance skipped to save money?
- The Maintenance Company: Many trucking companies outsource their vehicle maintenance. If a third-party mechanic failed to properly inspect and repair the truck’s brakes, tires, or other systems, that company could be held liable for the failure.
- The Cargo Loader: Federal regulations also govern how cargo is loaded and secured. If a separate company was responsible for loading the trailer and did so improperly, the cargo could shift during transit, causing the truck to become unbalanced, tip over, or jackknife.
- The Truck Manufacturer: In some cases, the crash isn’t due to human error but mechanical failure. If a defect in the truck’s design or a faulty component—like a steering mechanism or tire—was the cause, the manufacturer could be a responsible party.
Imagine trying to investigate each of these avenues on your own while recovering from serious injuries. It is a monumental task.
We handle this investigation for our clients. Our firm works to identify every party that shares responsibility for what happened. Pursuing all sources of liability provides the best opportunity to secure the full compensation available for your medical bills, lost income, and other damages. If you suspect the accident was caused by something more than a simple driver mistake, it’s a strong indication you should consult with an attorney at Coates Law Office.
The First Settlement Offer Is In. Is It Enough for the Future?
The insurance company might offer you a settlement check surprisingly quickly. It is incredibly tempting to accept, especially as medical bills start arriving and you are unable to work. But what about the costs you can’t see yet?
A serious truck accident claim involves damages that extend far beyond the initial emergency room visit. The first offer from an insurer almost never accounts for these long-term costs. It is calculated to resolve your claim for the lowest amount possible. Once you accept a settlement, you sign away your right to pursue any more money for this incident, even if your injuries turn out to be much worse than you initially thought.
Here are some of the future damages that a first offer rarely considers:
- Future Medical Treatments: Some injuries, like traumatic brain injuries or spinal cord damage, require lifelong care, including surgeries, physical therapy, and prescription medications.
- Lost Earning Capacity: Your injuries might prevent you from returning to your previous job or force you into a lower-paying field. In some cases, they may prevent you from working at all. This loss of future income is a significant part of a claim.
- Chronic Pain and Suffering: This is a real, compensable damage that acknowledges how the injury has rewritten every aspect of your life, from your ability to enjoy hobbies to your day-to-day comfort.
National statistics show just how serious these crashes are. In 2021 alone, large trucks were involved in crashes that resulted in an estimated 154,993 injuries. Many of those injuries undoubtedly had long-term consequences that were not apparent in the first few weeks.
Never accept a settlement offer without fully understanding the long-term cost of your injuries. This is the time to hire an attorney. We consult with medical and financial planners to build a comprehensive life-care plan, which calculates the true cost of your accident over your lifetime. This ensures the compensation we pursue on your behalf is built to last.
Evidence Disappears. How Do You Build a Case?
From the moment a truck crash occurs, the clock starts ticking on preserving evidence. The trucking company and its insurance carrier dispatch investigators to the scene within hours. Their primary goal is to collect evidence that protects the company from liability.
Next, key evidence in a trucking case begins to disappear, and this process is legal. The truck’s Electronic Logging Device (ELD), or “black box,” records data on speed, braking, and the driver’s hours of service. Federal regulations only require trucking companies to preserve this data for a limited time. The same is true for driver logs and maintenance records; they are disposed of after a certain period if a preservation request is not sent.
Other evidence is lost more naturally. The memories of witnesses fade, and people who saw the crash may become difficult to locate as time passes. The truck itself is a massive piece of evidence. Damage to its tires, brakes, or other components tells a story, but that evidence is lost forever once the truck is repaired and put back into service.
Hiring an attorney allows for an immediate and decisive response. We send a legal notice known as a spoliation letter to the trucking company. This letter legally obligates them to preserve all relevant evidence, including the truck itself, all electronic data, and all related documents. At the same time, our team launches an independent investigation to gather our own evidence, interview witnesses, and document the scene.
In New Hampshire, you generally have three years from the date of the accident to file a lawsuit. While that may seem like a long time, building a strong and comprehensive case needs to start right away. The sooner we begin gathering and preserving evidence, the stronger your position will be.
Frequently Asked Questions About Hiring a Truck Accident Attorney
How much does it cost to hire an attorney from your firm?
We handle truck accident cases on a contingency fee basis. This means you pay no upfront fees. We only receive a fee if we successfully recover compensation for you.
Can I still get help if I might have been partially at fault?
Yes. As mentioned earlier, New Hampshire law allows you to recover damages as long as you are not found to be 51% or more at fault. We work to ensure no amount of blame is unjustly put on you.
What if the truck was from out of state? Does that change my case?
No. Because the accident happened in New Hampshire, our state laws and federal regulations will almost certainly govern the case. Our firm is prepared to handle complex claims against large, out-of-state carriers operating on our roadways.
What is the single most important thing I can do right now?
Avoid speaking further with the trucking company’s insurance representatives. Anything you say will be used to diminish your claim. The next conversation you have should be with an attorney who advises you on your rights and protects your interests.
What is the difference between a truck accident claim and a car accident claim?
Truck accident claims are far more complex. They involve federal regulations, multiple liable parties (like the driver, carrier, and maintenance company), and evidence like electronic data logs that do not exist in a typical car crash. An attorney experienced in trucking litigation understands how to navigate these unique rules and identify all sources of compensation.
What kind of evidence is most important in a truck accident case?
Critical evidence includes the truck’s black box or Electronic Logging Device (ELD), the driver’s logs, maintenance and inspection records, post-crash drug and alcohol test results, and the company’s hiring and training records.
We send a preservation letter immediately to stop a trucking company from destroying this evidence.
Should I take pictures or video at the scene of the accident?
Yes. If you are physically able, document everything safely. Take wide shots of the entire scene, close-ups of the vehicle damage, photos of skid marks, and any visible injuries. This photographic evidence can be invaluable later.
Let Us Handle the Details, So You Can Focus on Healing
You did not ask for this to happen, but you do not have to manage the legal and financial fallout alone. While the trucking and insurance companies have their teams, we will be yours. One phone call is enough to get started.
The sooner we begin preserving evidence and managing communications, the stronger your case will be. If you’re ready to take the next step, call Coates Law Office for a no-cost consultation at (603) 262-5766.