18-Wheeler Accidents in North America: Your Complete Legal Guide
Every year, thousands of families across North America face life-altering consequences from 18-wheeler accidents. If you or a loved one has been injured in a trucking accident in North America, you need experienced legal representation that understands both federal trucking regulations and North America’s specific roadway challenges.
At Attorney911, we’ve been fighting for truck accident victims throughout North America and across the United States for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by catastrophic truck crashes. When you’re facing the aftermath of an 18-wheeler collision, you need more than just a lawyer – you need a team that knows how to hold trucking companies accountable.
The Unique Dangers of North America’s Trucking Corridors
North America sits at the crossroads of several major transportation arteries that make our region particularly vulnerable to trucking accidents. The convergence of interstate highways, distribution centers, and regional freight routes creates a complex network where large commercial vehicles and passenger cars frequently share the road.
The trucking corridors serving North America carry some of the heaviest freight traffic in the country. These routes connect major economic hubs and distribution centers, creating high-risk zones where accidents are more likely to occur. North America-area highways and interstates experience significant truck traffic year-round, with seasonal peaks that can increase accident risks.
Weather conditions in North America also contribute to trucking accident risks. Our region experiences a full range of weather patterns that can create hazardous driving conditions for large commercial vehicles. From sudden rainstorms that create slick road surfaces to high winds that can affect high-profile trailers, truck drivers must constantly adapt to changing conditions on North America’s roadways.
Common Types of 18-Wheeler Accidents in North America
Jackknife Accidents
Jackknife accidents occur when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. These accidents are particularly common in North America due to our combination of highway speeds, mountainous terrain in some areas, and sudden weather changes.
On North America’s highways, jackknife accidents often result in multi-vehicle pileups when the trailer swings across multiple lanes of traffic. The sudden loss of control makes these accidents nearly impossible for nearby drivers to avoid once they begin.
Rollover Accidents
Rollover accidents happen when an 18-wheeler tips onto its side or roof. In North America, these accidents frequently occur on highway ramps, sharp curves, and when trucks encounter uneven road surfaces. The high center of gravity of fully loaded trucks makes them particularly susceptible to rollovers.
North America’s trucking routes include several areas where rollover risks are elevated. Highway interchanges, steep grades, and areas with sudden lane shifts can all contribute to rollover accidents. When these accidents occur, they often lead to catastrophic injuries due to the massive weight of the vehicle and its cargo.
Underride Collisions
Underride collisions are among the most deadly types of trucking accidents. These occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
In North America, underride accidents are a significant concern due to the mix of local traffic and large commercial vehicles. Both rear underride and side underride accidents occur in our region, with side underride being particularly dangerous as there are currently no federal requirements for side underride guards.
Rear-End Collisions
Rear-end collisions involving 18-wheelers are especially devastating due to the massive weight disparity. A fully loaded truck can weigh 20-25 times more than a passenger vehicle, making rear-end collisions particularly dangerous for occupants of the smaller vehicle.
On North America’s highways, rear-end collisions often occur when truck drivers fail to maintain proper following distances or when brake failures prevent timely stopping. The long stopping distances required by large trucks make these accidents more likely when drivers are fatigued, distracted, or traveling too fast for conditions.
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents, also known as “squeeze play” accidents, happen when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
These accidents are particularly common in North America’s urban areas and at highway interchanges where trucks must navigate complex turning movements. The size of 18-wheelers requires significant space to complete turns, and drivers who fail to properly signal or check their mirrors can create dangerous situations for other motorists.
Blind Spot Accidents (“No-Zone”)
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones). The right side No-Zone is particularly large and dangerous, extending from the cab door backward along the entire length of the trailer.
On North America’s congested highways, blind spot accidents are a frequent occurrence. The mix of local traffic and large commercial vehicles creates situations where cars and trucks must share lanes, increasing the risk of blind spot collisions. Many of these accidents occur during lane changes on multi-lane highways.
Tire Blowout Accidents
Tire blowouts can cause an 18-wheeler to lose control suddenly. In North America, where trucks frequently travel long distances across varied terrain, tire blowouts are a significant concern. The extreme temperature variations in our region can also contribute to tire failures.
When a tire blows out on a commercial truck, the driver may lose control, causing the truck to swerve, jackknife, or roll over. The debris from the blown tire can also strike other vehicles, creating additional hazards. Steer tire blowouts are especially dangerous as they can cause immediate loss of control.
Brake Failure Accidents
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision. In North America, where trucks frequently travel on routes with steep grades and heavy traffic, brake failures are a significant concern.
Brake problems are a factor in approximately 29% of large truck crashes nationwide. In North America, the combination of mountainous terrain in some areas and heavy traffic on major highways creates conditions where brake failures can have catastrophic consequences. Many brake failure accidents are the result of systematic maintenance neglect by trucking companies.
Cargo Spill/Shift Accidents
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway. In North America, where trucks frequently transport a wide variety of cargo types, these accidents are a significant concern.
Shifted cargo can cause rollover accidents when the center of gravity changes suddenly. Spilled cargo on highways creates hazards for other vehicles, often leading to secondary accidents. Hazardous material spills create additional dangers, requiring specialized response and cleanup.
Why 18-Wheeler Accidents Cause Catastrophic Injuries
The physics of 18-wheeler accidents make catastrophic injuries the norm rather than the exception in North America. The size and weight disparity between commercial trucks and passenger vehicles creates forces that often overwhelm the safety features of smaller vehicles.
Size and Weight Disparity
- Fully loaded 18-wheeler: Up to 80,000 pounds
- Average passenger car: 3,500-4,000 pounds
- The truck is 20-25 times heavier than your car
This weight difference means that even at moderate speeds, the impact force of a truck collision is enormous. The energy transfer in a collision between an 80,000-pound truck and a 4,000-pound car is devastating to the occupants of the smaller vehicle.
Impact Force
The force of impact in a trucking accident is calculated by multiplying mass by acceleration. An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger car at the same speed. This energy transfers to the smaller vehicle in a crash, overwhelming its safety systems.
Stopping Distance
- 18-wheeler at 65 mph needs approximately 525 feet to stop (nearly two football fields)
- Car at 65 mph needs approximately 300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly as cars
The longer stopping distance required by large trucks means that even when drivers react promptly, they may not be able to stop in time to avoid a collision. This is particularly problematic in North America’s congested traffic conditions and on routes with sudden traffic slowdowns.
Common Catastrophic Injuries in North America Trucking Accidents
Traumatic Brain Injury (TBI)
Traumatic brain injuries occur when a sudden trauma causes damage to the brain. In 18-wheeler accidents in North America, the extreme forces involved frequently cause the brain to impact the inside of the skull, resulting in TBI.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
TBI symptoms can include headaches, dizziness, memory loss, difficulty concentrating, mood changes, sleep disturbances, sensory problems, speech difficulties, and personality changes. The long-term consequences can include permanent cognitive impairment, inability to work, need for ongoing care, and increased risk of dementia.
Spinal Cord Injury
Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis. These injuries are particularly common in North America trucking accidents due to the extreme forces involved.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
The level of spinal cord injury determines the extent of paralysis. Higher injuries (cervical spine) affect more body functions, with C1-C4 injuries potentially requiring ventilator assistance for breathing. Lower injuries (lumbar) typically affect the legs but not the arms.
Amputation
Amputations in trucking accidents can occur in two ways:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Amputations are particularly common in North America trucking accidents due to the crushing forces involved, entrapment requiring amputation for extraction, severe burns, and infections from open wounds. The ongoing medical needs for amputees include initial surgery, prosthetic limbs ($5,000 – $50,000+ each), replacement prosthetics throughout lifetime, physical therapy, occupational therapy, and psychological counseling.
Severe Burns
Burns in trucking accidents occur through several mechanisms:
- Fuel tank ruptures and fires
- Hazardous material cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn severity is classified by degree:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Burn injuries often require multiple reconstructive surgeries, skin graft procedures, and result in chronic pain, infection risks, and psychological trauma.
Internal Organ Damage
Common internal injuries in trucking accidents include:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Internal injuries are particularly dangerous because they may not show immediate symptoms. Internal bleeding can be life-threatening and requires emergency surgery. Organ removal affects long-term health and quality of life.
Wrongful Death
When a trucking accident in North America results in death, surviving family members can bring wrongful death claims. These claims allow recovery of compensation for:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering experienced by the decedent before death
- Punitive damages in cases of gross negligence
In North America, the statute of limitations for wrongful death claims is [INSERT BASED ON STATE – typically 2 years]. It’s crucial to act quickly to preserve evidence and protect your rights.
Federal Trucking Regulations: How Violations Prove Negligence
The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles operating in interstate commerce. These regulations, found in Title 49 of the Code of Federal Regulations (49 CFR), establish the safety standards that trucking companies and drivers must follow. When trucking companies violate these rules, they create dangerous conditions that cause catastrophic accidents.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights |
| Part 395 | Hours of Service | How long drivers can drive, required rest |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records |
49 CFR Part 391: Driver Qualification Standards
This part establishes who is qualified to drive a commercial motor vehicle. Key requirements include:
- Minimum age: 21 for interstate, 18 for intrastate
- Ability to read and speak English sufficiently
- Physical qualification under § 391.41
- Valid commercial driver’s license (CDL)
- Completion of road test or equivalent
- Not disqualified under § 391.15
Driver Qualification File Requirements (49 CFR § 391.51):
Motor carriers must maintain a file for every driver containing:
| Document | Requirement |
|---|---|
| Employment Application | Completed per § 391.21 |
| Motor Vehicle Record | From state licensing authority |
| Road Test Certificate | Or equivalent documentation |
| Medical Examiner’s Certificate | Current, valid (max 2 years) |
| Annual Driving Record Review | Must be conducted and documented |
| Previous Employer Inquiries | 3-year driving history investigation |
| Drug & Alcohol Test Records | Pre-employment and random testing |
In North America trucking accident cases, we subpoena these records to identify negligent hiring, training, and supervision practices. Missing or incomplete files can prove that the trucking company failed to properly vet its drivers.
Physical Qualification Requirements (49 CFR § 391.41):
Drivers must meet medical standards including:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- Vision of at least 20/40 in each eye (with or without correction)
- Adequate hearing to perceive forced whisper at 5 feet
49 CFR Part 392: Driving Rules
This part establishes rules for the safe operation of commercial motor vehicles. Key regulations include:
Fatigued Driving (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
This regulation makes both the driver and the trucking company liable when a fatigued driver causes an accident. In North America cases, we use this regulation to establish negligence when drivers violate hours of service rules.
Drugs and Alcohol (49 CFR § 392.4-5):
- No Schedule I substances
- No amphetamines, narcotics, or other impairing substances
- No alcohol within 4 hours of duty
- No alcohol while on duty
- No possession of alcohol while on duty
- BAC limit: .04 or higher is prohibited
Following Distance (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Mobile Phone Use (49 CFR § 392.82):
Drivers are prohibited from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
49 CFR Part 393: Vehicle Safety
This part establishes equipment and cargo securement standards. Key requirements include:
Cargo Securement (49 CFR § 393.100-136):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Brake Requirements (49 CFR § 393.40-55):
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Lighting Requirements (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
49 CFR Part 395: Hours of Service (HOS) Regulations
These regulations prevent driver fatigue by limiting driving time and requiring rest. They are among the most commonly violated regulations in trucking accidents.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
ELD data is critical evidence in North America trucking accident cases. This objective data proves hours of service violations, speeding, and other regulatory violations that contribute to accidents.
49 CFR Part 396: Inspection, Repair, and Maintenance
This part ensures CMVs are maintained in safe operating condition.
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
The 48-Hour Evidence Preservation Protocol
In 18-wheeler accident cases in North America, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
At Attorney911, we send spoliation letters within 24-48 hours of being retained. We don’t wait – every hour counts when preserving critical evidence.
What the Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data Explained
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
This objective data often contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” In North America trucking accident cases, ECM/ELD data has been the key to securing multi-million dollar verdicts.
FMCSA Record Retention Requirements
| Record Type | Retention Period |
|---|---|
| Driver Qualification Files | 3 years after termination |
| Hours of Service Records | 6 months |
| Vehicle Inspection Reports | 1 year |
| Maintenance Records | 1 year |
| Accident Register | 3 years |
| Drug Test Records (positive) | 5 years |
| Drug Test Records (negative) | 1 year |
Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
All Potentially Liable Parties in North America Trucking Accidents
18-wheeler accidents are fundamentally different from car accidents because multiple parties can be responsible for your injuries. Unlike a simple car crash where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.
The 10 Potentially Liable Parties
1. The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct.
Bases for Driver Liability:
- Speeding or reckless driving
- Distracted driving (cell phone, texting, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Failure to yield, improper lane changes, running red lights
Evidence We Pursue:
- Driver’s driving record and history
- ELD data showing hours of service
- Drug and alcohol test results
- Cell phone records
- Previous accident history
- Training records
2. The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.
Bases for Trucking Company Liability:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Evidence We Pursue:
- Driver Qualification File (or lack thereof)
- Hiring policies and background check procedures
- Training records and curricula
- Supervision and monitoring practices
- Dispatch records showing schedule pressure
- Safety culture documentation
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Insurance Implications:
Trucking companies carry much higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target in North America trucking accident cases.
3. Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable.
Bases for Shipper Liability:
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading
- Pressured carrier to expedite beyond safe limits
- Misrepresented cargo weight or characteristics
Evidence We Pursue:
- Shipping contracts and bills of lading
- Loading instructions provided
- Hazmat disclosure documentation
- Weight certification records
4. Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.
Bases for Loading Company Liability:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Evidence We Pursue:
- Loading company securement procedures
- Loader training records
- Securement equipment used
- Weight distribution documentation
5. Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for defects.
Bases for Manufacturer Liability:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Evidence We Pursue:
- Recall notices and technical service bulletins
- Similar defect complaints (NHTSA database)
- Design specifications and testing records
- Component failure analysis
6. Parts Manufacturer
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.
Bases for Parts Liability:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Evidence We Pursue:
- Failed component for expert analysis
- Recall history for specific parts
- Similar failure patterns
- Manufacturing and quality control records
7. Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.
Bases for Maintenance Company Liability:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Evidence We Pursue:
- Maintenance work orders
- Mechanic qualifications and training
- Parts used in repairs
- Inspection reports and recommendations
8. Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.
Bases for Broker Liability:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
Evidence We Pursue:
- Broker-carrier agreements
- Carrier selection criteria
- Carrier safety record at time of selection
- Broker’s due diligence procedures
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability.
Bases for Owner Liability:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Evidence We Pursue:
- Lease agreements
- Maintenance responsibility allocations
- Owner’s knowledge of driver history
10. Government Entity
Federal, state, or local government may be liable in limited circumstances.
Bases for Government Liability:
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Special Considerations:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition in many cases
Evidence We Pursue:
- Road design specifications
- Maintenance records
- Prior accident history at location
- Citizen complaints about condition
How We Determine All Liable Parties in North America Cases
Our Investigation Process:
-
Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand preservation of ECM, ELD, maintenance records
- Secure physical evidence before repair or disposal
-
FMCSA Records Review
- Obtain carrier’s complete safety record
- Review CSA scores and inspection history
- Identify pattern of violations
-
Driver Qualification File Subpoena
- Employment application and background check
- Driving record and previous employers
- Medical certification and drug test history
- Training documentation
-
Corporate Structure Analysis
- Identify all related companies
- Determine owner-operator vs. employee status
- Map insurance coverage for each entity
-
Accident Reconstruction
- Retain expert engineers
- Analyze ECM and ELD data
- Determine sequence of events and contributing factors
-
Defect Investigation
- Preserve failed components
- Research recall and complaint history
- Retain product liability experts if warranted
The Insurance Battle: How We Fight for Maximum Compensation
Trucking companies and their insurers have teams of lawyers working to minimize your claim. At Attorney911, we level the playing field. Our team includes a former insurance defense attorney who knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims.
FMCSA Minimum Insurance Requirements
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.
Federal Minimum Liability Limits:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why This Matters For Your North America Case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable in North America Trucking Cases
Economic Damages (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
Non-Economic Damages (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
In North America, the availability of punitive damages depends on state law. [INSERT BASED ON STATE – see Section C.4.5 for punitive damage rules]
Common Insurance Tactics and How We Counter Them
| Insurance Company Tactic | Attorney911 Counter-Strategy |
|---|---|
| Quick Lowball Settlement Offers | Never accept early offers; calculate full future damages first |
| Denying or Minimizing Injuries | Obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim (Comparative Fault) | Investigate fully; gather evidence disproving fault allegations |
| Delaying the Claims Process | File lawsuit to force discovery; set depositions |
| Using Recorded Statements Against Victims | Advise clients NEVER give statements without attorney present |
| “Pre-Existing Condition” Defense | Apply [STATE]’s “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Document all treatment; explain gaps with medical records |
| Sending Surveillance Investigators | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Counter with client’s treating physicians and independent experts |
| Drowning Plaintiff in Paperwork | Aggressive litigation and motion practice to force resolution |
Our team’s insider knowledge of insurance company tactics gives us a significant advantage in North America trucking accident cases. We know how they train their adjusters to minimize claims, and we know how to counter every tactic they use.
Nuclear Verdicts: What’s Possible When Trucking Companies Are Held Accountable
The trucking industry has seen a dramatic increase in “nuclear verdicts” – jury awards exceeding $10 million. These verdicts reflect juries’ growing frustration with trucking companies that prioritize profits over safety.
Recent Major Trucking Verdicts (2024-2025)
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Underride accident – two men decapitated |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest in Tarrant County |
Historic Landmark Verdicts
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive |
| $411 Million | 2020 | Florida – 45-vehicle pileup, motorcyclist severely injured |
Why Nuclear Verdicts Happen
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
What This Means For Your North America Case
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens our position in settlement negotiations.
In North America, we’ve seen cases with similar fact patterns result in significant recoveries for our clients. While every case is unique, the trend toward nuclear verdicts means trucking companies are more willing to settle cases fairly when they’re facing experienced trial attorneys.
Why Choose Attorney911 for Your North America Trucking Accident Case
1. Proven Experience with North America Trucking Cases
Attorney911 has been fighting for truck accident victims throughout North America for over 25 years. Our managing partner, Ralph Manginello, has handled trucking cases on every major highway in North America and secured multi-million dollar verdicts and settlements for families devastated by catastrophic truck crashes.
We know North America’s trucking corridors, distribution centers, and the unique challenges that our local roads present. This local knowledge, combined with our national trucking litigation experience, gives us a significant advantage in building your case.
2. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This federal court access is critical for interstate trucking cases, which often involve federal regulations and can be filed in federal court. Many North America trucking accidents involve interstate commerce, making federal court experience essential.
3. Insider Knowledge of Insurance Company Tactics
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight for you.
Lupe understands:
- How insurance companies value claims
- How adjusters are trained to manipulate victims
- What makes them settle cases
- How they minimize payouts
- How they deny claims
- How their claims valuation software works
This insider knowledge gives us a significant advantage in negotiating with insurance companies and presenting cases to juries.
4. Multi-Million Dollar Results
Attorney911 has recovered millions of dollars for trucking accident victims:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2+ Million – Maritime Back Injury Settlement
- $2.5M – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
While past results don’t guarantee future outcomes, our track record demonstrates our ability to secure significant compensation for catastrophic injuries.
5. Comprehensive Investigation Resources
We have the resources to thoroughly investigate your North America trucking accident:
- Immediate spoliation letters to preserve evidence
- Accident reconstruction experts
- ECM/ELD data analysis specialists
- Trucking industry experts
- Medical experts to document injuries
- Life care planners for catastrophic injuries
- Economic experts to calculate damages
6. Willingness to Go to Trial
While most cases settle, we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. Our federal court experience and track record of success give us credibility with insurance companies and juries alike.
7. Bilingual Services for North America’s Hispanic Community
North America has a significant Hispanic population, and many trucking accident victims speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. This ensures clear communication and builds trust with our Spanish-speaking clients.
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.
8. 24/7 Availability for North America Trucking Accidents
Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We’re available 24 hours a day, 7 days a week to respond to trucking accident emergencies in North America. When you call, you’ll speak directly with an attorney who can take immediate action to protect your rights.
What to Do After an 18-Wheeler Accident in North America
If you’ve been involved in a trucking accident in North America, taking the right steps immediately can make a significant difference in your case.
1. Seek Medical Attention Immediately
Even if you feel fine, seek medical attention right away. Adrenaline can mask serious injuries, and some conditions (like TBI or internal bleeding) may not show symptoms for hours or days. North America has excellent medical facilities that can document your injuries and link them to the accident.
2. Call the Police and File a Report
Always call 911 after a trucking accident in North America. A police report creates an official record of the accident and often includes the officer’s determination of fault. This report will be crucial evidence in your case.
3. Document the Scene
If you’re able, take photos and videos of:
- All vehicles involved in the accident
- Damage to your vehicle (inside and out)
- The truck and trailer (including license plates and DOT numbers)
- Road conditions, traffic signs, and signals
- Skid marks and debris
- Your injuries
- Weather conditions
4. Get Information from the Truck Driver
Collect:
- Driver’s name and contact information
- Commercial driver’s license (CDL) number
- Trucking company name and contact information
- Insurance information
- Truck and trailer license plate numbers
- DOT number (usually on the truck door)
5. Identify Witnesses
Get names and contact information from any witnesses. Independent witness testimony can be crucial in proving what happened.
6. Do NOT Give Statements to Insurance Companies
The trucking company’s insurance adjuster will likely contact you quickly. Do not give any recorded statements or sign any documents without consulting an attorney. Insurance adjusters are trained to get you to say things that will hurt your case.
7. Contact an 18-Wheeler Accident Attorney Immediately
Time is critical in trucking accident cases. Evidence disappears quickly, and trucking companies have rapid-response teams working to protect their interests. Contact Attorney911 immediately so we can send spoliation letters and begin preserving evidence.
Frequently Asked Questions About North America Trucking Accidents
What should I do immediately after an 18-wheeler accident in North America?
If you’ve been in a trucking accident in North America, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call an 18-wheeler accident attorney immediately
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. North America hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in North America?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in North America?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in North America?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
North America uses a [INSERT BASED ON STATE] comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug/alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Mobile phone use
- Failure to inspect vehicles
- Improper lighting
- Negligent hiring
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in North America?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in North America?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in North America?
North America allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply – contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in North America?
The statute of limitations in North America is [INSERT BASED ON STATE – typically 2 years]. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
What is my North America trucking accident case worth?
Case value depends on:
- Injury severity
- Medical bills
- Lost wages
- Pain and suffering
- Available insurance coverage
- Liability clarity
Every case is unique. We evaluate all these factors to determine the true value of your claim.
What if I was partially at fault for the accident?
North America uses a [INSERT BASED ON STATE] comparative negligence system. Even if you were partially at fault, you may still recover compensation. Your recovery will be reduced by your percentage of fault. If you were 20% at fault, you would recover 80% of your damages.
How do you prove the driver was fatigued?
We use multiple sources of evidence:
- ELD data showing hours of service violations
- Dispatch records showing pressure to drive long hours
- Cell phone records showing late-night communications
- Witness testimony about driver behavior
- Driver’s work schedule and rest patterns
- Company policies on hours of service
What is the FMCSA and how does it help my case?
The Federal Motor Carrier Safety Administration regulates the trucking industry. FMCSA regulations establish safety standards for drivers, vehicles, and companies. When trucking companies violate these regulations, it proves negligence and helps us build a stronger case.
Can I access the trucking company’s safety record?
Yes. FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance company is still responsible for paying valid claims. We identify all available insurance coverage, including excess and umbrella policies, to ensure you can recover compensation.
How are future medical expenses calculated?
We work with medical experts and life care planners to:
- Document your current medical needs
- Project future medical expenses
- Calculate costs of ongoing care
- Estimate future surgical needs
- Include costs of medications, therapy, and medical equipment
This comprehensive approach ensures we demand full compensation for all your medical expenses.
What is loss of consortium?
Loss of consortium refers to the impact of injuries on your marriage and family relationships. It includes:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
- Impact on children’s relationship with injured parent
In North America, loss of consortium claims are typically brought by the spouse of the injured person.
When are punitive damages available?
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
In North America, the availability of punitive damages depends on state law. [INSERT BASED ON STATE – see Section C.4.5]
How do product defects (brakes, tires) create liability?
Truck and parts manufacturers can be held liable when:
- Design defects make products unreasonably dangerous
- Manufacturing defects cause component failures
- Manufacturers fail to warn about known dangers
- Safety systems fail to perform as intended
We investigate all mechanical failures to determine if product defects contributed to your accident.
What if road conditions contributed to my accident?
Government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
- Improper work zone setup
Government liability is limited by sovereign immunity, so it’s crucial to act quickly and follow specific notice requirements.
Can I get compensation for PTSD after a trucking accident?
Yes. Post-traumatic stress disorder (PTSD) is a recognized injury that can result from the trauma of a trucking accident. Compensation may be available for:
- Psychological treatment
- Medications
- Lost wages from PTSD-related disability
- Pain and suffering
Documentation from doctors, psychologists, or therapists is essential to prove PTSD claims.
What if I have a pre-existing condition?
The “eggshell skull” doctrine applies in North America. This means the trucking company must take you as they find you. If your pre-existing condition was aggravated by the accident, you can recover compensation for the worsening of your condition.
How do you calculate pain and suffering?
Pain and suffering is calculated based on:
- Severity of injuries
- Duration of recovery
- Impact on daily life
- Permanent limitations
- Emotional distress
- Loss of enjoyment of life
We use multiple methods to calculate pain and suffering, including:
- Multiplier method (medical bills × multiplier based on severity)
- Per diem method (daily rate × days affected)
- Comparable case analysis
What if the trucking company denies liability?
We gather evidence to prove liability:
- ECM/ELD data
- Witness statements
- Accident reconstruction
- Driver records
- Company safety history
- Maintenance records
- Expert testimony
Our thorough investigation leaves no doubt about what happened.
How do you prove the truck was overloaded?
We obtain:
- Weigh station records
- Bills of lading
- Cargo manifests
- Loading company records
- Truck specifications and weight ratings
- Expert analysis of load distribution
Overloading is a common cause of trucking accidents and proves negligence.
What if the truck driver was an independent contractor?
Even if the driver was an independent contractor, both the driver and the contracting company may be liable. We investigate:
- The nature of the relationship
- Who controlled the driver’s work
- Who provided the equipment
- Insurance coverage
- Contract terms
How do cargo spills create liability?
Cargo spills create liability when:
- Cargo was improperly secured
- Loading company failed to follow regulations
- Trucking company failed to inspect securement
- Cargo shifted during transit causing instability
- Spilled cargo created hazards for other vehicles
We investigate the entire cargo loading and securement process.
What if a tire blowout caused my accident?
Tire blowouts are often caused by:
- Underinflation
- Overloading
- Worn tires
- Manufacturing defects
- Road debris
- Improper maintenance
We investigate:
- Tire maintenance records
- Tire age and wear
- Vehicle weight records
- Tire manufacturer
- Failed tire for defect analysis
How do brake failures get investigated?
We investigate brake failures by:
- Analyzing ECM data for brake application
- Reviewing maintenance records
- Inspecting brake components
- Checking brake adjustment
- Reviewing inspection reports
- Analyzing fault codes
Brake failures often result from systematic maintenance neglect.
What if the truck’s dashcam recorded the accident?
Dashcam footage can be powerful evidence. We:
- Demand preservation of all video evidence
- Analyze the footage for speed, braking, and driver behavior
- Use the footage to reconstruct the accident
- Present the footage to insurance companies and juries
Video evidence often contradicts driver statements and proves liability.
Can I get the truck’s GPS data?
Yes. GPS data shows:
- The truck’s route
- Speed throughout the trip
- Stops and duration
- Location at time of accident
- Compliance with hours of service
This data can prove speeding, fatigue, and other violations.
What if the trucking company is out of business?
Even if the trucking company is out of business, their insurance company is still responsible for paying valid claims. We identify all available insurance coverage, including policies that may have been purchased years ago.
How are lost wages calculated?
We calculate lost wages by:
- Documenting your pre-accident income
- Calculating time missed from work
- Projecting future lost earnings if you can’t return to work
- Including lost benefits (health insurance, retirement contributions)
- Considering career limitations from injuries
What is loss of earning capacity?
Loss of earning capacity refers to the reduction in your ability to earn income in the future. This applies when:
- You can’t return to your previous job
- You can only work part-time
- You must take a lower-paying job
- You can’t work at all
We work with vocational experts and economists to calculate this complex damage.
How do you prove pain and suffering?
We prove pain and suffering through:
- Medical records documenting your injuries
- Your testimony about your experience
- Testimony from family and friends
- Psychological evaluations
- Pain journals
- Expert testimony
What if the trucking company offers a settlement?
Never accept a settlement without consulting an attorney. Insurance companies offer quick settlements to pay you far less than your case is worth. We evaluate all settlement offers against the true value of your case.
How do you negotiate with insurance companies?
We negotiate aggressively by:
- Building a strong case with solid evidence
- Calculating the full value of your damages
- Presenting compelling demand packages
- Being willing to go to trial if necessary
- Using our insider knowledge of insurance tactics
Our experience with insurance companies gives us a significant advantage in negotiations.
What if the insurance company denies my claim?
If your claim is denied, we:
- Review the denial reasons
- Gather additional evidence
- File an appeal
- File a lawsuit if necessary
- Take your case to trial
We don’t accept denials without a fight.
How do you prepare a trucking accident case for trial?
We prepare for trial by:
- Conducting thorough investigations
- Retaining expert witnesses
- Taking depositions
- Filing motions
- Preparing exhibits
- Developing trial strategies
- Preparing you to testify
Our thorough preparation leads to better settlements and trial results.
What experts do you use in trucking cases?
We use:
- Accident reconstruction experts
- Trucking industry experts
- Medical experts
- Life care planners
- Vocational experts
- Economists
- Engineers (for product liability cases)
- Trucking safety experts
How do you choose experts?
We choose experts based on:
- Specialization in relevant area
- Experience with trucking cases
- Credibility with judges and juries
- Ability to explain complex issues clearly
- Willingness to testify
What is a life care plan?
A life care plan is a comprehensive document that:
- Documents your current medical needs
- Projects future medical expenses
- Includes costs of medications, therapy, and medical equipment
- Considers home modifications
- Accounts for ongoing care needs
Life care plans are essential for catastrophic injury cases.
How do you calculate future medical expenses?
We calculate future medical expenses by:
- Reviewing your current treatment
- Consulting with medical experts
- Projecting future medical needs
- Researching costs of medications and equipment
- Considering inflation
- Creating a life care plan
What is a vocational expert?
A vocational expert evaluates:
- Your ability to return to work
- Your earning capacity
- Job limitations from injuries
- Retraining needs
- Career alternatives
Vocational experts help calculate lost earning capacity.
What is an economist?
An economist calculates:
- Lost wages
- Lost earning capacity
- Future medical expenses
- Present value of future losses
- Economic impact of injuries
Economists provide objective calculations of your economic damages.
How do you handle cases with multiple defendants?
We:
- Identify all potentially liable parties
- File claims against all defendants
- Coordinate discovery
- Allocate liability among defendants
- Negotiate with multiple insurance companies
- Present the case to a jury if necessary
What if one defendant settles and others don’t?
We:
- Continue pursuing remaining defendants
- Allocate settlement credits
- Present the case to a jury against non-settling defendants
- Ensure you receive maximum compensation
How do you handle cases with limited insurance?
We:
- Identify all available insurance coverage
- Pursue claims against all liable parties
- Explore other sources of recovery
- Negotiate aggressively with available insurance
- Present the strongest possible case to maximize recovery
What is a bad faith insurance claim?
A bad faith insurance claim arises when an insurance company:
- Unreasonably denies a valid claim
- Fails to investigate properly
- Delays payment without justification
- Offers an unreasonably low settlement
- Misrepresents policy terms
We pursue bad faith claims when insurance companies act unfairly.
How do you prove bad faith?
We prove bad faith by showing:
- The insurance company had no reasonable basis for denial
- The company failed to investigate properly
- The company misrepresented policy terms
- The company delayed payment without justification
- The company offered an unreasonably low settlement
What damages are available in bad faith cases?
In addition to your underlying claim, bad faith claims may allow recovery of:
- Attorney’s fees
- Emotional distress damages
- Punitive damages
- Interest on delayed payments
How do you handle cases with government defendants?
We:
- Follow specific notice requirements
- Meet short deadlines
- Present evidence of government negligence
- Overcome sovereign immunity challenges
- Pursue claims through administrative processes
What is sovereign immunity?
Sovereign immunity is a legal doctrine that protects government entities from lawsuits. However, many states (including North America) have waived sovereign immunity for certain types of claims, including those involving dangerous road conditions.
How do you overcome sovereign immunity?
We overcome sovereign immunity by:
- Following specific notice requirements
- Meeting short deadlines
- Proving the government had actual notice of the dangerous condition
- Showing the government failed to act reasonably
- Presenting evidence of similar prior accidents
What if the trucking company is based in another state?
We can handle cases against out-of-state trucking companies. Our federal court experience allows us to file cases in federal court when necessary. Many trucking cases involve interstate commerce, making federal court jurisdiction available.
How do you handle interstate cases?
We:
- Determine the best jurisdiction for your case
- File in federal court when appropriate
- Coordinate with local counsel when necessary
- Handle all aspects of the case from our North America office
What if the accident happened in another state?
We can handle cases regardless of where the accident occurred. Our experience with interstate trucking cases allows us to represent clients nationwide. We work with local experts and investigators to build your case.
How do you handle cases with foreign trucking companies?
We handle cases against foreign trucking companies by:
- Determining jurisdiction
- Identifying available insurance
- Working with international legal experts
- Pursuing claims through treaties and international agreements
What if the truck was transporting hazardous materials?
Hazardous material cases involve additional regulations and potential defendants. We:
- Identify all liable parties
- Work with hazmat experts
- Pursue claims under specialized regulations
- Calculate damages from exposure and cleanup
How do you handle cases with multiple injured parties?
We:
- Represent each client’s individual interests
- Coordinate with other attorneys when necessary
- Ensure fair allocation of available insurance
- Present each client’s case effectively
What if the trucking company offers to pay my medical bills?
Never accept direct payments from the trucking company without consulting an attorney. These payments may be used against you later. We handle all communications with the trucking company and their insurer.
How do you handle medical liens?
We:
- Identify all medical liens
- Negotiate with lien holders
- Reduce lien amounts when possible
- Ensure liens are paid from settlement proceeds
What if I don’t have health insurance?
We can help you:
- Find doctors who will treat you on a lien basis
- Arrange for treatment without upfront costs
- Ensure you receive necessary medical care
How do you handle cases with disputed liability?
We:
- Conduct thorough investigations
- Gather all available evidence
- Retain accident reconstruction experts
- Present the strongest possible case
- Negotiate aggressively
- Prepare for trial if necessary
What if the trucking company blames me for the accident?
We:
- Gather evidence to prove liability
- Present your version of events
- Counter the trucking company’s arguments
- Negotiate from a position of strength
- Present your case to a jury if necessary
How do you handle cases with pre-existing conditions?
We:
- Document your condition before the accident
- Show how the accident worsened your condition
- Calculate damages for the aggravation
- Present evidence to the insurance company and jury
What if I was a passenger in the truck?
We can pursue claims against:
- The truck driver
- The trucking company
- Other liable parties
- Your own insurance (UM/UIM coverage)
What if I was a pedestrian or cyclist?
Pedestrian and cyclist cases often involve:
- Clear liability
- Severe injuries
- Significant damages
- Multiple liable parties
We pursue full compensation for your injuries.
How do you handle wrongful death cases?
We:
- Represent the surviving family members
- Calculate all available damages
- Present the case to the insurance company
- File a wrongful death lawsuit if necessary
- Present the case to a jury
What damages are available in wrongful death cases?
Damages may include:
- Lost future income
- Loss of consortium
- Mental anguish
- Funeral expenses
- Punitive damages
How do you calculate lost future income in wrongful death cases?
We calculate lost future income by:
- Documenting the decedent’s earning history
- Projecting future earnings
- Considering career advancements
- Including lost benefits
- Calculating present value
What if the trucking company claims the driver wasn’t working?
We investigate:
- The driver’s employment status
- The nature of the relationship with the company
- Who controlled the driver’s work
- Who provided the equipment
- Insurance coverage
Even if the driver was an independent contractor, the company may still be liable.
How do you handle cases with independent contractors?
We investigate:
- The nature of the relationship
- Who controlled the driver’s work
- Who provided the equipment
- Insurance coverage
- Contract terms
We pursue claims against all liable parties.
What if the trucking company claims the driver was off-duty?
We investigate:
- The driver’s schedule
- Dispatch records
- ELD data
- GPS records
- Cell phone records
We determine whether the driver was acting within the scope of employment.
How do you handle cases with multiple vehicles?
We:
- Identify all liable parties
- Allocate fault among defendants
- Pursue claims against all responsible parties
- Coordinate with other attorneys when necessary
What if the trucking company claims I was speeding?
We:
- Analyze ECM/ELD data
- Review accident reconstruction
- Examine physical evidence
- Present your version of events
- Counter the trucking company’s arguments
How do you handle cases with disputed injuries?
We:
- Document all injuries thoroughly
- Obtain medical records
- Consult with medical experts
- Present evidence of your injuries
- Counter arguments about pre-existing conditions
What if the trucking company claims my injuries aren’t serious?
We:
- Present medical records
- Obtain expert testimony
- Document the impact on your life
- Calculate all damages
- Present your case effectively
How do you handle cases with minor injuries?
Even minor injuries deserve compensation. We:
- Document your injuries
- Calculate your damages
- Negotiate with the insurance company
- File a lawsuit if necessary
What if the trucking company offers a quick settlement?
Never accept a quick settlement without consulting an attorney. These offers are designed to pay you far less than your case is worth. We evaluate all settlement offers against the true value of your case.
How do you calculate the value of my case?
We calculate case value by considering:
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Other economic losses
- Available insurance coverage
What if the insurance company offers less than my case is worth?
We:
- Reject lowball offers
- Present evidence of your damages
- Negotiate aggressively
- File a lawsuit if necessary
- Take your case to trial
How do you negotiate with insurance companies?
We negotiate by:
- Building a strong case with solid evidence
- Calculating the full value of your damages
- Presenting compelling demand packages
- Being willing to go to trial if necessary
- Using our insider knowledge of insurance tactics
What if the insurance company refuses to negotiate?
If the insurance company refuses to negotiate fairly, we:
- File a lawsuit
- Conduct discovery
- Take depositions
- Present the case to a jury
How do you prepare for trial?
We prepare for trial by:
- Conducting thorough investigations
- Retaining expert witnesses
- Taking depositions
- Filing motions
- Preparing exhibits
- Developing trial strategies
- Preparing you to testify
What happens at trial?
At trial:
- Both sides present evidence
- Witnesses testify
- Experts explain complex issues
- Attorneys present arguments
- The jury decides liability and damages
How long does a trial take?
Trucking accident trials typically take:
- 3-5 days for simple cases
- 1-2 weeks for complex cases
- Longer for cases with multiple parties
What if I lose at trial?
If we lose at trial, we:
- Evaluate the possibility of appeal
- Determine the best course of action
- Advise you on next steps
How do you handle appeals?
We handle appeals by:
- Reviewing the trial record
- Identifying legal errors
- Filing appellate briefs
- Presenting oral arguments
- Pursuing all available remedies
What if the trucking company appeals?
If the trucking company appeals, we:
- Defend the verdict
- File responsive briefs
- Present oral arguments
- Pursue all available remedies
How do you handle cases with multiple appeals?
We handle multiple appeals by:
- Pursuing all available remedies
- Presenting each issue effectively
- Coordinating with appellate specialists
- Advocating vigorously for our clients
What if I can’t afford to wait for my case to settle?
We can help by:
- Arranging for medical treatment on a lien basis
- Helping you find financial resources
- Negotiating with creditors
- Pursuing interim payments when possible
How do you handle cases with ongoing medical treatment?
We:
- Document all medical treatment
- Calculate current and future medical expenses
- Negotiate with the insurance company
- File a lawsuit if necessary
- Present your case effectively
What if I need surgery in the future?
We:
- Document the need for future surgery
- Calculate the costs
- Include future medical expenses in your claim
- Present evidence to the insurance company and jury
How do you handle cases with permanent injuries?
We:
- Document the permanent nature of your injuries
- Calculate all damages
- Present your case effectively
- Pursue full compensation
What if I can’t work anymore?
We:
- Document your inability to work
- Calculate lost earning capacity
- Present evidence to the insurance company and jury
- Pursue full compensation
How do you handle cases with vocational rehabilitation needs?
We:
- Document your vocational rehabilitation needs
- Calculate the costs
- Include these costs in your claim
- Present evidence to the insurance company and jury
What if I need home modifications?
We:
- Document the need for home modifications
- Calculate the costs
- Include these costs in your claim
- Present evidence to the insurance company and jury
How do you handle cases with long-term care needs?
We:
- Document your long-term care needs
- Calculate the costs
- Create a life care plan
- Present evidence to the insurance company and jury
What if I need a wheelchair or other medical equipment?
We:
- Document the need for medical equipment
- Calculate the costs
- Include these costs in your claim
- Present evidence to the insurance company and jury
How do you handle cases with psychological injuries?
We:
- Document your psychological injuries
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have PTSD from the accident?
We:
- Document your PTSD diagnosis
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with emotional distress?
We:
- Document your emotional distress
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have depression or anxiety from the accident?
We:
- Document your depression or anxiety
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with loss of enjoyment of life?
We:
- Document how your injuries affect your life
- Calculate all damages
- Present your case effectively
What if I can’t participate in activities I used to enjoy?
We:
- Document your loss of enjoyment
- Calculate all damages
- Present your case effectively
How do you handle cases with loss of consortium?
We:
- Document the impact on your marriage
- Calculate all damages
- Present your case effectively
What if my marriage has been affected by the accident?
We:
- Document the impact on your marriage
- Calculate all damages
- Present your case effectively
How do you handle cases with children who lost a parent?
We:
- Document the impact on the children
- Calculate all damages
- Present your case effectively
What if my children have been affected by my injuries?
We:
- Document the impact on your children
- Calculate all damages
- Present your case effectively
How do you handle cases with elderly victims?
We:
- Document the impact of injuries on elderly victims
- Calculate all damages
- Present the case effectively
What if I’m retired and was injured in a trucking accident?
We:
- Document your injuries
- Calculate all damages
- Present your case effectively
How do you handle cases with students?
We:
- Document the impact on students
- Calculate all damages
- Present the case effectively
What if I was a student when the accident happened?
We:
- Document your injuries
- Calculate all damages
- Present your case effectively
How do you handle cases with military veterans?
We:
- Document the impact on veterans
- Calculate all damages
- Present the case effectively
What if I’m a military veteran injured in a trucking accident?
We:
- Document your injuries
- Calculate all damages
- Present your case effectively
How do you handle cases with first responders?
We:
- Document the impact on first responders
- Calculate all damages
- Present the case effectively
What if I’m a first responder injured in a trucking accident?
We:
- Document your injuries
- Calculate all damages
- Present your case effectively
How do you handle cases with undocumented immigrants?
We:
- Protect our clients’ rights regardless of immigration status
- Document all injuries and damages
- Present the case effectively
What if I’m an undocumented immigrant injured in a trucking accident?
We:
- Document your injuries
- Calculate all damages
- Present your case effectively
Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence.
How do you handle cases with language barriers?
We:
- Provide bilingual services through Lupe Peña
- Use professional interpreters when necessary
- Ensure clear communication
- Protect our clients’ rights
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.
What if I don’t speak English well?
We provide services in Spanish through our bilingual attorney Lupe Peña. We can also arrange for interpreters for other languages. Clear communication is essential to building a strong case.
How do you handle cases with cultural differences?
We:
- Respect all cultural differences
- Adapt our approach as needed
- Ensure clear communication
- Protect our clients’ rights
What if I have special needs?
We:
- Accommodate all special needs
- Ensure accessibility
- Provide appropriate support
- Protect our clients’ rights
How do you handle cases with complex medical issues?
We:
- Consult with medical experts
- Document all medical issues
- Calculate all damages
- Present the case effectively
What if I have a rare medical condition?
We:
- Consult with specialists
- Document your condition
- Calculate all damages
- Present your case effectively
How do you handle cases with multiple injuries?
We:
- Document all injuries
- Calculate all damages
- Present the case effectively
What if I have injuries to multiple body parts?
We:
- Document all injuries
- Calculate all damages
- Present your case effectively
How do you handle cases with pre-existing conditions?
We:
- Document your pre-accident condition
- Show how the accident worsened your condition
- Calculate damages for the aggravation
- Present your case effectively
What if I had a pre-existing condition that was aggravated by the accident?
We:
- Document your pre-accident condition
- Show how the accident worsened your condition
- Calculate damages for the aggravation
- Present your case effectively
How do you handle cases with multiple surgeries?
We:
- Document all surgeries
- Calculate all medical expenses
- Calculate all damages
- Present your case effectively
What if I need multiple surgeries in the future?
We:
- Document the need for future surgeries
- Calculate the costs
- Include future medical expenses in your claim
- Present your case effectively
How do you handle cases with chronic pain?
We:
- Document your chronic pain
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have chronic pain from the accident?
We:
- Document your chronic pain
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with permanent scarring?
We:
- Document your scarring
- Calculate all damages
- Present your case effectively
What if I have permanent scars from the accident?
We:
- Document your scarring
- Calculate all damages
- Present your case effectively
How do you handle cases with disfigurement?
We:
- Document your disfigurement
- Calculate all damages
- Present your case effectively
What if I’m disfigured from the accident?
We:
- Document your disfigurement
- Calculate all damages
- Present your case effectively
How do you handle cases with loss of a limb?
We:
- Document your amputation
- Calculate all damages
- Present your case effectively
What if I lost a limb in the accident?
We:
- Document your amputation
- Calculate all damages
- Present your case effectively
How do you handle cases with paralysis?
We:
- Document your paralysis
- Calculate all damages
- Create a life care plan
- Present your case effectively
What if I’m paralyzed from the accident?
We:
- Document your paralysis
- Calculate all damages
- Create a life care plan
- Present your case effectively
How do you handle cases with traumatic brain injury?
We:
- Document your TBI
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have a traumatic brain injury from the accident?
We:
- Document your TBI
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with spinal cord injury?
We:
- Document your spinal cord injury
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have a spinal cord injury from the accident?
We:
- Document your spinal cord injury
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with internal injuries?
We:
- Document your internal injuries
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have internal injuries from the accident?
We:
- Document your internal injuries
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
How do you handle cases with burn injuries?
We:
- Document your burn injuries
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
What if I have burn injuries from the accident?
We:
- Document your burn injuries
- Obtain expert testimony
- Calculate all damages
- Present your case effectively
Why North America Trucking Accident Victims Choose Attorney911
1. We Treat You Like Family
At Attorney911, we understand that trucking accidents change lives in an instant. We treat every client like family, with compassion, respect, and personalized attention. You’re not just another case number to us – you’re a person who deserves justice.
“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client
2. We Fight for Maximum Compensation
We don’t settle for lowball offers. We fight for every dollar you deserve.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
3. We Take Cases Other Firms Reject
Many North America law firms turn away difficult cases. We take them on.
“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client
“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client
4. We Solve Cases Faster Than Competitors
While other firms let cases drag on for years, we work efficiently to resolve your case as quickly as possible without sacrificing value.
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
5. We Provide Direct Attorney Access
You’ll have direct access to your attorney, not just case managers or paralegals.
“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
6. We Offer Bilingual Services
North America’s Hispanic community deserves representation without language barriers.
“Especially Miss Zulema, who is always very kind and always translates.”
— Celia Dominguez, Attorney911 Client
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
7. We Have a Proven Track Record
With 251+ Google reviews and a 4.9-star rating, our clients consistently praise our results and service.
“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
— AMAZIAH A.T., Attorney911 Client
8. We’re Available 24/7
Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We’re available 24 hours a day, 7 days a week to respond to emergencies in North America.
9. We Work on Contingency – You Pay Nothing Unless We Win
We believe everyone deserves access to justice, regardless of their financial situation. You pay nothing upfront, and we only get paid if we win your case.
10. We Have the Resources to Fight Big Trucking Companies
We’ve successfully litigated against major commercial entities including Walmart, Coca-Cola, Amazon, FedEx, and UPS. We have the resources and experience to take on the biggest trucking companies and their insurers.
The Attorney911 Difference: Insider Knowledge of Insurance Company Tactics
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight for you.
What Lupe Learned as an Insurance Defense Attorney
| What He Learned | How It Helps You |
|---|---|
| How insurance companies value claims | He knows their formulas and can maximize your recovery |
| How adjusters are trained | He recognizes their manipulation tactics immediately |
| What makes them settle | He knows when they’re bluffing and when they’ll pay |
| How they minimize payouts | He counters every tactic they use against you |
| How they deny claims | He knows how to fight wrongful denials |
| Claims valuation software (Colossus, etc.) | He understands how algorithms undervalue your suffering |
How We Use This Advantage in Your North America Case
“Our firm includes Lupe Peña, a former insurance defense attorney who spent years inside the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.”
We use this advantage to:
- Anticipate and counter insurance company tactics
- Present your case in the most compelling way
- Negotiate from a position of strength
- Secure maximum compensation for your injuries
What to Expect When You Call Attorney911
When you call our North America office at 1-888-ATTY-911, here’s what will happen:
1. Immediate Response
You’ll speak directly with an attorney who understands the urgency of your situation. We’re available 24/7 to respond to trucking accident emergencies in North America.
2. Free Case Evaluation
We’ll listen to your story and evaluate your case at no cost. There’s no obligation – just honest advice about your legal options.
3. Immediate Action Plan
If we take your case, we’ll:
- Send spoliation letters within 24-48 hours
- Begin preserving critical evidence
- Connect you with medical providers if needed
- Start building your case immediately
4. No Upfront Costs
You pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us.
5. Personalized Representation
You’ll have direct access to your attorney throughout your case. We’ll keep you informed every step of the way and answer all your questions.
6. Aggressive Negotiation
We’ll negotiate aggressively with the insurance company to secure maximum compensation for your injuries.
7. Trial Preparation
While most cases settle, we prepare every case as if it’s going to trial. This preparation gives us leverage in negotiations and ensures we’re ready if your case goes to court.
8. Maximum Compensation
Our goal is to secure the maximum compensation possible for your injuries, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical needs
- Other damages
The Attorney911 Client Journey
Step 1: Free Consultation
Call us at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll evaluate your case and explain your legal options.
Step 2: Case Acceptance
If we accept your case, we’ll send you a representation agreement. You pay nothing upfront – we work on contingency.
Step 3: Immediate Investigation
We’ll send spoliation letters within 24-48 hours to preserve critical evidence. We’ll begin gathering records, interviewing witnesses, and building your case.
Step 4: Medical Care Facilitation
We’ll help you get the medical care you need, even if you don’t have health insurance. We can connect you with doctors who will treat you on a lien basis.
Step 5: Demand Letter
We’ll send a comprehensive demand letter to the insurance company, calculating all your damages and demanding full compensation.
Step 6: Negotiation
We’ll negotiate aggressively with the insurance company to secure a fair settlement. We reject lowball offers and fight for maximum compensation.
Step 7: Litigation (If Needed)
If the insurance company refuses to offer a fair settlement, we’ll file a lawsuit and take your case to court.
Step 8: Resolution
We’ll resolve your case through settlement or trial, securing maximum compensation for your injuries.
Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in North America, don’t wait. Critical evidence is disappearing every day. The trucking company and their insurers are already working to protect their interests. You need someone protecting yours.
Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24 hours a day, 7 days a week to respond to trucking accident emergencies in North America.
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.
You pay nothing unless we win your case. Let us fight for the compensation you deserve.