Answers To Common Questions About Catastrophic Truck Accidents 

According to the National Safety Council, in 2021, large trucks were involved in 5,700 fatal crashes, killing 5,788 people! This is a 47% increase in fatalities over the preceding 10 years. In 2021, large trucks were also involved in 117,300 crashes injuring 155,000 people! Of this number, 71% of the injuries predictably involved occupants of the “other vehicle.” 

Injury cases are often filled with unknowns. At the Vogel Law Firm, we work tirelessly to see that our clients have all the information they need after a trucking accident. Our truck collision attorneys are highly knowledgeable in the process of filing a personal injury claim, and they will take the time to ensure that you understand each step. 

Below are some frequently-asked questions and answers about truck accidents. For more, reach out to our firm directly to schedule a free consultation. 

Who Is Liable In A Trucking Collision? 

A thorough investigation regarding liability and what happened is a complicated process in commercial vehicle collisions.  Liability could rest on one or more parties: 

  • The truck driver, who was driving recklessly, speeding, driving “over hours” or while fatigued, or driving while abusing substances (alcohol and/or drugs) affecting their ability to control the truck. 
  • The trucking company who hired the driver without properly investigating the driver’s background, who failed to properly train the driver, who improperly retained the driver as an employee prior to the collision, or who failed to properly maintain the semi and/or tractor trailer. 
  • The owner of the semi tractor and/or trailer or others responsible for maintenance. 
  • The company that loaded the cargo if it was overweight, unbalanced, or unsecured. 
  • The manufacturer of the truck or truck parts, if aspects of the truck were defective. 
  • Other companies responsible for scheduling and controlling the loads being carried at the time of the collision.  

My Loved One Was Killed In A Trucking Collision. What Should I Do? 

We understand that losing a loved one in an accident is devastating and that nothing can bring them back. However, in order to obtain compensation that may help ease your financial burden and pay for medical, wage, and funeral expenses, it is important to talk to one of our Personal Injury Attorneys about filing a wrongful death claim as soon as possible. This is especially true in cases involving commercial vehicles because investigators and insurance carriers are often at the scene before the wreckage is cleared and seek ways to deny their fault and limit your recovery. You are entitled to recover compensation for your emotional losses and grief, in addition to compensation for medical expenses and wages lost as a result of the collision. 

How Are Trucking Accident Cases Investigated? 

As with all personal injury and wrongful death cases, a trucking accident case is thoroughly investigated. All aspects of the situation are examined, including the actions or lack of actions by the truck driver and trucking companies. We obtain victim statements, witness accounts, police reports, the truck driver’s logbooks, trucking company records, and more.  This information is shared with experts retained by us in order to recreate what occurred. The more information we have, the more confidently we can pursue a claim.  

What Is The Time Limit For Filing A Claim? 

In Minnesota and North Dakota, you typically have six years from the date of the accident to file a claim for personal injuries.  If someone in your family was killed, you typically have two years in North Dakota and three years in Minnesota from the time of the accident to file a claim. These times vary from state to state and can often change, so do not hesitate to contact one of our Personal Injury Attorneys immediately.  Personal injury and wrongful death cases take time to investigate and construct.  To ensure your case can be properly handled, investigated, filed, and negotiated, it is important to get in touch with our office as soon as possible after an injury or wrongful death. 

Will My Claim Be At Risk If I Wait To Take Legal Action? 

As mentioned above, the statute of limitations is a concern in any type of case.  The best course of action is to contact one of our Personal Injury Attorneys immediately. We will explain the process, and, after having all the information at your disposal, you will be allowed to make an informed decision regarding your next steps. However, running out of time is not the only risk you take when delaying legal action. Truck accidents involve commercial trucking companies and commercial insurers, both of whom are highly motivated to protect themselves against liability. They will be examining the accident site within hours after the collision and working to control the evidence and the official narrative of how the accident happened. 

While you cannot respond as quickly as the trucking companies and their insurance companies, we can even the playing field for you and your family and begin our own thorough investigation immediately after being hired by you. 

Learn More From Our Lawyers 

Talk through your trucking accident case with one of our experienced Personal Injury Attorneys. We are here to help you obtain the compensation you deserve.  Get started with our firm today.  Call our office at 701-237-6983 to schedule a consultation. 

H. Patrick Weir Jr. and Rob G. Manly, Personal Injury and Wrongful Death Attorneys