Inosencio & Fisk answers the questions you may have after a truck crash:
What happens after a semi truck accident, and what should I do after a semi truck accident?
Today’s semi trucks are equipped with tracking devices which are constantly storing, analyzing, and using data. Within seconds of a semi truck accident, the home office for the trucking company involved in the crash has probably been notified of the crash by a device in the truck. Shortly after that notification, sometimes within just a couple hours, the insurance carrier for the trucking company will send an immediate response team to the accident site. Their immediate response team will likely include accident investigators and at least one certified accident reconstruction expert. Their team may also use a drone to record an aerial view of the accident scene. After you or a family member have been injured in a semi truck crash, or a crash with any commercial vehicle, it is important that you contact a law firm that understands the urgency of your situation and is willing to send its own team of accident experts to the scene as soon as possible.
What will it cost me to speak with an attorney to discuss my truck crash case?
Inosencio Fisk offers free consultations to all potential clients involved in truck crash cases. When you call our firm to discuss your case, we will not pressure you to provide information you don’t want to provide, and we will do our absolute best to answer all of your questions during the first meeting. We can meet with you in person or, if you prefer, we will help you coordinate an electronic meeting so we can meet remotely. While you do not have to complete our client intake form before we meet with you, we have made it available for you
here so you can start filling it out before we meet if you would like.
How much will it cost to hire a truck accident lawyer at Inosencio Fisk once I decide to hire your firm?
Inosencio Fisk does not collect a fee (a portion of the settlement or verdict) unless we win your case. You will owe nothing out of your own pocket at the beginning of your case, and the initial consultation is free, even if you decide not to hire our team.
If I live in one state, but am involved in a truck crash accident in another state, can I still hire a law firm in my own state?
The short answer is yes. If you are a Michigan resident, for example, but your truck crash was in Indiana (or any other state), the lawsuit may be filed in the state where the accident occurred, or the lawsuit may be filed in Michigan (depending on a number of factors). In either situation, Inosencio Fisk is able to represent you and, if necessary, will work with a law firm in another state that is experienced in representing people injured in crashes involving semi trucks or other commercial vehicles. Also, the laws that apply to truck safety involve state laws and federal laws. The Federal Motor Carrier Safety Administration (also known as the FMCSA) is responsible for developing and enforcing laws that balance safety and efficiency. According to the FMCSA
website, 4,337 people were killed in large truck and bus crashes, and approximately 138,000 individuals were injured, in 2015 alone.
Who can be sued in a truck accident case?
In a semi truck accident, the truck driver, the owner of the truck, the freight broker, or even the logistics company may be liable for the death or injuries of those involved in the crash. In other cases, the facility responsible for loading the truck, or even the company who owned the contents of the trailer, may be liable. The best way to know what parties may be involved, and what insurance companies may have to pay for the injuries caused by a truck crash, is to thoroughly investigate the accident and all of the involved parties as soon as possible after the accident.
What types of truck crash cases involve commercial motor vehicles, and why does it matter?
Truck accident cases that involve collisions with dump trucks, tanker trucks, and fuel trucks typically involve commercial vehicles. That determination is important because the laws and safety regulations that apply to commercial motor vehicles are different than the laws that apply to a regular automobile accident. The federal laws that govern commercial motor vehicle safety are enforced by the Federal Motor Carrier Safety Administration (FMCSA). On September 29, 2020, the FMCSA’s revised “hours of service” regulations go into effect. According to the FMCSA, the new regulations are designed to provide greater flexibility for drivers without adversely affecting safety.
How do I get compensated for my injuries after a truck accident?
If you've been injured in a semi truck crash, we will likely pursue compensation for your lost wages, medical expenses, pain and suffering, and lost future earning potential. After you consult with Inosencio Fisk, we will work with you to decide whether we should file a lawsuit against the semi truck driver and/or the trucking company or other involved companies.
How do I know if I have a case involving a commercial vehicle?
Semi trucks, tractor-trailers, flatbed trucks, garbage trucks, dump trucks, tanker trucks, cement trucks, buses, delivery vans, and fuel trucks are the most common commercial vehicles involved in truck crash lawsuits. If your accident involved one of these vehicles, you probably have a commercial vehicle crash case. People that have been injured in a semi truck crash often file a lawsuit against the trucking company that owned the truck at fault for the crash. The lawsuit may claim that the truck driver was negligent and caused the truck crash and injuries, or the lawsuit may also claim the trucking company knew of the truck driver’s bad driving history but hired the driver anyway. This happens occasionally, and is known as negligent hiring.
What will Inosencio Fisk be looking for, and when, to help me win my truck crash case?
Most semi trucks on the roads and highways of the United States are equipped with an electronic logging device, also known as an ELD. Even though these are designed to prevent truck drivers from falsifying their driving logs, truck drivers and trucking companies have been known to falsify an ELD to try to prove that their truck did not exceed the “hours of service” safety regulation.
Inosencio Fisk will work quickly to obtain and review data from the truck’s electronic logging device, the truck driver’s in-cab communication devices, cell phone, and, if the truck is equipped with cameras, we will also review data from the truck’s dash cam and the on-board camera which faces the driver. We will also request copies of the truck driver’s hiring records, drug test records, training manuals, safety records, and work history details. We may also research the contents of the load to determine who owned the load, how it was loaded onto the truck, and whether a possible shift in the load may have had an impact on the crash.
What is an underride crash?
An underride crash is when a vehicle (typically a car, crossover SUV, or smaller truck) drives into, and then under, the rear, side, or front of a semi truck or its trailer. While all semi trailers operating in the United States are legally required to have rear underride guards that are designed to prevent cars from sliding under a semi trailer when they crash into the rear of a trailer, side and front underride guards are not yet required. And, as can be seen in this
video from the Insurance Institute for Highway Safety, not all rear underride prevention guards are created equal.