5 Things You Should Know When Handling Your First Truck Accident Case

Trucking cases are unlike any other type of personal injury litigation. They’re high-stakes, complex, and require truck accident attorneys to dig deeper than in a standard car wreck. If you’re handling your first trucking case, you may be wondering where to start, what tools you’ll need, and how to avoid costly mistakes.

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Here are five essential tips every lawyer should know on how to handle a truck accident case (commercial vehicle or 18-wheeler) for the first time.

1. Trucking Cases Are Not the Same as Car Wreck Cases

Treating a trucking case like a typical car accident is one of the biggest mistakes a new attorney can make. These cases often involve:

• Severe or catastrophic injuries
• Multiple layers of liability (driver, motor carrier, third parties)
• Extensive federal regulations under the FMCSA
• Aggressive early intervention by insurers and defense counsel

While car wrecks might involve a few police statements and photos, trucking litigation demands a proactive and investigative approach from day one.

2. Preserve Evidence Immediately with Spoliation Letters

One of the most important early steps is sending a detailed spoliation letter to the trucking company and any involved parties. This letter should request preservation of:

• Driver logs (paper or electronic)
• Trip receipts and fuel purchases
• Driver qualification files
• Vehicle maintenance and inspection records
• Black box data
• Cell phone records
• Dashcam or in-cab footage

Failing to send this letter promptly can lead to crucial evidence being altered, deleted, or “lost.”

Pro tip: Follow up with Freedom of Information Act (FOIA) requests and visit the FMCSA SAFER System to evaluate the trucking company’s safety record and violation history.

3. Don’t Take the Police Report at Face Value

In serious truck accidents, injured victims are often rushed to the hospital and unable to give their side of the story. Unfortunately, police crash reports may default to the only account they hear: the truck driver’s.

This can result in injured clients being wrongly cited, even when they did nothing wrong.

Real-world example: A client may receive a $50,000 offer while still in the hospital—before the full investigation begins. After uncovering new evidence, the true value of the case far exceeds that amount.

If you rely solely on the crash report, you may miss:

• Inaccurate or incomplete witness accounts
• Critical road conditions or visibility issues
• Dashcam or surveillance footage from nearby businesses
• Potential eyewitnesses found via 911 call logs

Practice Tip: Always request 911 tapes to help identify and locate independent witnesses. This can be a game-changer in cases with liability disputes.

4. Understand Hours of Service and Logbook Manipulation

Truck drivers are regulated by strict Hours of Service (HOS) rules to prevent fatigue-related crashes. These rules outline how many hours a driver can be on the road before taking the required rest breaks.

Some drivers still keep paper logs, which can be manipulated. To identify logbook fraud:

• Compare log entries with trip receipts, fuel stops, and GPS data
• Examine timestamps and time zones
• Request electronic logging device (ELD) data if available

For example, a driver may claim to be in Oklahoma, but receipts place him in Idaho at the same time. These contradictions can undermine the defense’s credibility and support punitive claims.

5. Get the Right Experts—And Get Them Involved Early

Expert witnesses are critical in trucking litigation, especially when building out theories of negligent hiring, training, supervision, or maintenance. Common trucking experts include:

• Accident reconstruction experts
• Human factors experts (e.g., perception-reaction time)
• Hiring and safety experts (to explain FMCSA standards)
• Life care planners and economists (for damages)

Involving your experts early can also help:

• Tailor your discovery requests
• Identify red flags in evidence
• Build persuasive visuals and timelines for mediation or trial

Pro tip: Visit the crash site with your reconstructionist if possible. Even seemingly minor details like lighting, visibility, and skid marks can shape your theory of liability.

Bonus Tips for Building a Strong Truck Accident Case

In addition to the five core tips above, here are a few more strategies that can elevate your trucking litigation practice:

Investigate the Trucking Company

Use FMCSA tools to evaluate the company’s:

• Out-of-service rate
• Safety violations
• Crash history

Establishing a pattern of negligent behavior can support a claim for gross negligence or punitive damages.

Watch for Swoop-and-Settle Tactics

Insurers sometimes approach injured victims within hours of a crash, offering what appears to be a large settlement. In reality, these offers often don’t even cover the medical bills.

Educate clients about their rights and urge them not to sign anything without legal counsel.

Look Beyond the Driver

Many trucking cases involve systemic failures by the motor carrier. Explore the company’s:

• Hiring practices and background checks
• Safety and training protocols
• Disciplinary records
• Incentive programs that may promote unsafe driving

Trucking companies that pay drivers by the mile, rather than the hour, may be indirectly encouraging logbook fraud or HOS violations.

Final Thoughts: Be Curious, Be Prepared, and Be Persistent

If you’re new to handling trucking cases, the learning curve can feel steep—but that’s what makes these cases both challenging and rewarding. The impact you can make on a client’s life and roadway safety is massive.

Get Help with Your Truck Accident Case

If you or your client is dealing with the aftermath of a commercial truck crash, Zinda Law Group is here to help. Our experienced truck accident attorneys handle catastrophic trucking cases nationwide and offer joint ventures with other law firms.

Call 800-863-5312 or visit https://www.zdfirm.com/case-evaluation/ to schedule a free consultation.

Want more legal insights like this one?

Check out The Effective Lawyer Podcast, hosted by Zinda Law Group CEO Jack Zinda. Each episode features real strategies from top trial attorneys on handling complex injury cases, building stronger practices, and fighting for your clients.

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