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How to Win a Truck Accident Claim

How to Win a Truck Accident Claim

Choose the Right Big Rig Accident Lawyer

The National Highway Traffic and Safety Administration (NHTSA) recently released data showing that more than 300,000 truck accidents occur every year. This statistic definitely paints a grim picture. The fact that you are reading this article means that you are likely part of this statistic. There is good news and the not so good news. The not so good news is that these accident cases can get very complex due to what’s at stake. The good news is that you can win your truck accident claim by hiring an experienced big rig accident lawyer.

What you should know

Before we get to what you should know, it is important to understand that all this would most likely be unnecessary if you contact us. We will assign one of our lawyers to your case and send a professional investigator to the scene to get all this information.

To WIN a truck accident claim, you need to know about Duty of Care. All road users have a duty of care towards other road users. For instance, they should comply with all traffic rules and act reasonably on the road. Truck drivers, given the fact that they are more likely to cause fatal crashes, have an even higher duty of care towards other road users. They should adhere to specific rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA) for truck drivers. Such rules include those set for their CDL (Commercial Driving License) and log books. They should also be more careful on the road. Therefore, to win a claim, you will have to show evidence that the driver was negligent and that he violated one, two or any number of rules/ restrictions set by the FMSCA. Or you can even show that he did not act reasonably.

Apart from showing that the driver was negligent, you have to prove that the negligence was the cause of your injuries.

The evidence you should gather

First, call the police. The police will help control the situation and collect most of the information you need: the driver’s contacts, the status of his commercial driving license, his insurance company, his employer, the weather, the presence of any witnesses, and who is at fault if that can easily be established. Additionally, the report might also have a diagram of the scene. Remember to ask the police officer for a copy of the report or even ask for the report number to give to your big rig accident lawyer so that he or she can get that information faster.

Before the police arrive at the accident scene, you can try and take several photos of the scene from various angles to show what happened. You could even take a video of the accident scene. Use a smartphone or camera if you happen to have one. Capture the place you were hit and other things that show or indicate who was likely at fault. The photos and videos will help your big rig accident attorneys, insurance adjusters, judge and/ or jury to understand your situation better.

You can record whatever the driver says when he comes out of his truck using your smartphone. Take note of everything so that you have a record of what happened. This will make it easier for you to recollect events and have a consistent story.

If there are any witnesses at the scene, ask them for their contact information. They will help corroborate your story in court in case you file a lawsuit.


These pieces of evidence will help you prove that the truck driver violated his duty of care and that he did not act according to the FMCSA regulations, or as any other reasonable driver would act. Contact us now to get more specific information about your particular case and how our big rig accident lawyer can help you win maximum compensation for all damages incurred.

Last Updated: 03-24-2017