What Does A Truck Accident Lawyer Do?

TL;DR: Key Takeaways

• Truck accident cases are not like typical car vs. car accidents, since ruck crash cases involve complex federal regulations (FMCSA Parts 391, 392, 396) and could have multiple defendants including motor carriers, shippers, maintenance providers, and manufacturers
• Truck accident lawyers send spoliation letters as quickly as possible to preserve critical evidence like black box data, Electronic Logging Device records, and maintenance files before trucking companies destroy them
• NBTA Board Certification and CDL credentials separate elite truck accident attorneys from general personal injury lawyers who handle these cases like car accidents
• Commercial trucking insurance policies range from $750,000 to $5+ million, requiring specialized knowledge to identify all available coverage
• The best truck accident lawyers work with reconstruction experts, medical specialists, and industry insiders to prove liability and maximize compensation

‍

‍

When an 80,000-pound commercial truck crashes into a passenger vehicle, the results are catastrophic. According to the Federal Motor Carrier Safety Administration, over 5,375 large trucks were involved in fatal crashes in 2023, with over 160,000 injuries. What makes these numbers even more sobering is that 82% of fatalities involve people who were not in the truck. If you were hurt in a collision with a semi-truck, big rig, or tractor-trailer, you need to understand what a truck accident lawyer actually does beyond what you see in advertisements.

Most personal injury firms handle truck crashes the same way they handle fender benders, but Metier Law Firm takes a different approach. Across Colorado, Washington, Oregon, Wyoming, and Nebraska, the firm focuses specifically on commercial truck accident cases, bringing credentials that most attorneys simply don't have. Founding partner Tom Metier holds NBTA Board Certification in Truck Accident Law, the first and only American Bar Association-accredited board certification specific to truck crashes. This credential requires attorneys to dedicate at least 30% of their practice to trucking litigation and pass a comprehensive written exam. Managing Partner Mike Chaloupka brings another rare qualification to the table: a Class A Commercial Driver's License. "I've actually driven the same rigs involved in these crashes," Chaloupka explains. "I understand federal trucking regulations from both sides of the windshield, which gives our clients an advantage when trucking companies try to hide behind technical excuses."

Sending Spoliation Letters Is Step One

The first thing a truck accident lawyer does after taking a case is send spoliation letters to every party involved in the crash. This legal notice demands that the trucking company, motor carrier, maintenance provider, and any other potentially liable parties immediately preserve all evidence related to the accident. Spoliation letters must go out within days of the crash because critical evidence disappears fast.

Trucking companies know that black box data, Electronic Logging Device (ELD) records, maintenance logs, driver qualification files, dispatch communications, and inspection reports can prove negligence. Without a spoliation letter on file, companies can legally destroy these records after short retention periods. Once a formal preservation demand is served, destroying evidence becomes spoliation, which courts take seriously.

Spoliation letters also identify specific categories of evidence that must be preserved. For commercial truck accidents, this includes the truck's Electronic Control Module (ECM) data, which records speed, braking, engine performance, and hours of service information. ELD records show whether the driver violated federal hours of service regulations before the crash. Maintenance records reveal whether the trucking company skipped required inspections or ignored known mechanical issues. Driver qualification files show whether the company properly vetted and trained the driver.

In Washington State, where mountain passes like Snoqualmie and Stevens create hazardous conditions, spoliation letters preserve evidence about brake inspections and chain requirements. In Colorado, where I-70 through the Rockies and I-25 see heavy commercial traffic, these letters lock down data about pre-trip inspections and weight compliance. This evidence becomes the foundation of every strong truck accident case.

Investigating Like Trucking Industry Insiders

After spoliation letters are sent, the best truck accident lawyers immediately secure the physical evidence before it's altered or destroyed. The truck's Electronic Control Module often called the black box, is downloaded to preserve data that can prove speed, sudden braking, or mechanical failures. This device records information that drivers and companies can't dispute.

Electronic Logging Device records track a driver's hours behind the wheel. The FMCSA mandates strict hours of service regulations that limit driving time to prevent fatigue. When companies pressure drivers to ignore these rules, the ELD tells the real story. Metier Law Firm has used ELD data in Oregon and Wyoming cases to prove drivers were hours beyond legal limits when crashes occurred.

Truck accident lawyers in Colorado, Washington, and other western states also examine driver qualification files, pre-employment drug testing records, and training documentation. Federal regulations require specific qualifications before someone can operate a commercial motor vehicle, and shortcuts in hiring or training often lead to preventable crashes.

Speaking the Language of Federal Trucking Regulations

What does a truck accident lawyer do that a general personal injury attorney can't? Specialized attorneys know the difference between Part 391 (driver qualifications), Part 392 (driving rules), and Part 396 (inspection and maintenance requirements) of the Federal Motor Carrier Safety Regulations. These aren't abstract legal concepts. When reviewing a trucking company's maintenance records or driver qualification files, attorneys with CDL experience know exactly what should be there.

Metier Law Firm's team includes attorneys who are members of the Academy of Truck Accident Attorneys (ATAA), and both Tom Metier and Mike Chaloupka frequently teach other lawyers across the country how to handle these complex cases. They're not learning on client cases. They're the ones training other attorneys on what to look for when investigating commercial truck accidents.

If you or a loved one was injured in a crash with a commercial truck, call us at 866-377-3800 or schedule a free consultation at www.metierlaw.com.

Building Cases Against Multiple Defendants

Suing a trucking company is rarely as simple as filing a claim against one driver. The best truck accident lawyers understand the web of liability in the trucking industry. Investigations target the motor carrier, the shipper, the cargo loading company, the leasing company, the maintenance provider, and even the truck manufacturer. In an 18 wheeler accident law firm like Metier, attorneys handle cases where the driver was an independent contractor, but the trucking company still bore responsibility for inadequate training or pushing unrealistic delivery schedules.

The firm has secured multimillion-dollar verdicts and settlements by proving systemic failures. Case results include an $11 million verdict for a spinal injury from a truck accident, a $10 million settlement for another spinal injury case, and a $7 million settlement when attorneys demonstrated a trucking company's pattern of safety violations. These outcomes happen because surface-level explanations aren't accepted.

Working with Specialized Experts

Truck accident lawyers in Colorado, Washington, Oregon, Wyoming, and Nebraska need access to experts who understand the unique challenges of western terrain and weather. Metier Law Firm works with accident reconstruction specialists who analyze skid marks, impact angles, and vehicle dynamics specific to heavy commercial vehicles. When a truck jackknifes on black ice in Wyoming or loses its brakes descending from Colorado's mountain passes, engineers explain exactly what happened and why federal regulations or company policies could have prevented it.

The firm also partners with medical experts who understand the catastrophic injuries common in truck crashes: traumatic brain injuries, spinal cord damage, amputations, and severe orthopedic trauma. These aren't soft tissue claims. When an 80,000-pound vehicle collides with a 4,000-pound car, the physics are brutal. Medical experts quantify lifetime care needs, lost earning capacity, and permanent disability so insurance companies can't lowball settlements.

Navigating Complex Insurance Structures

Commercial trucking policies are nothing like auto insurance. Trucking companies carry policies ranging from $750,000 to $5 million or more, depending on cargo type and interstate operations. What does a truck accident lawyer do when facing these policies? Attorneys identify all available coverage, including the motor carrier's liability policy, cargo insurance, umbrella policies, and even the driver's personal coverage if applicable.

Insurance adjusters for trucking companies are professionals trained to minimize payouts. They have lawyers on speed dial the moment a crash occurs. By the time victims in Oregon or Nebraska realize they need legal help, the trucking company has already deployed a team to control the narrative. Specialized truck accident lawyers level that playing field immediately.

Understanding State-Specific Challenges

Truck accident lawyers in Washington know that the state's unique regulations around chain requirements and mountain pass restrictions create specific liability issues. In Colorado, attorneys understand how the state's Modified Comparative Negligence rule affects settlements when trucking companies try to shift blame. Oregon's tort laws, Wyoming's sparse highway patrol coverage, and Nebraska's agricultural transport regulations all create nuances that generic personal injury lawyers miss.

When searching for the best truck accident lawyers, credentials matter. NBTA Board Certification isn't something attorneys can buy or claim without proof. The National Board of Trial Advocacy requires documented experience, peer review, and passing a rigorous exam. Only a small percentage of attorneys nationwide hold this credential in truck accident law.

Frequently Asked Questions

What is the difference between a truck accident lawyer and a regular personal injury lawyer?

A specialized truck accident lawyer understands federal trucking regulations, commercial vehicle mechanics, and the complex liability structures of the trucking industry. These attorneys know how to retrieve black box data, interpret Electronic Logging Device records, investigate motor carrier safety histories, and send spoliation letters to preserve critical evidence. General personal injury lawyers handle truck cases the same way they handle car accidents, missing critical evidence and regulatory violations.

How long do I have to file a truck accident claim?

The statute of limitations varies by state where your accident occurred. Colorado and Washington allow three years from the date of injury to file a personal injury lawsuit. Oregon requires filing within two years. Wyoming provides four years. Nebraska also provides four years for personal injury cases, but only two years for wrongful death claims. However, these deadlines don't mean you should wait. Critical evidence disappears quickly after a truck crash. Trucking companies can destroy maintenance records, ECM data gets overwritten, and witnesses' memories fade. Contact a truck accident lawyer immediately to preserve evidence through spoliation letters, regardless of which state your accident occurred in.

Can I sue a trucking company if the driver was an independent contractor?

Yes. Federal regulations establish when trucking companies can be held liable even if the driver is technically an independent contractor. Attorneys examine dispatch records, equipment ownership, and the degree of control the company exercised over the driver. Many companies try to hide behind independent contractor agreements, but an 18 wheeler accident law firm with experience in these cases knows how to pierce that shield.

What compensation can I recover after a commercial truck accident?

Victims can seek economic damages including medical expenses, lost wages, future care costs, and property damage. Non-economic damages for pain and suffering, loss of quality of life, and emotional trauma are also recoverable. In cases involving gross negligence like hours of service violations or drunk driving, punitive damages may apply. Metier Law Firm's past truck accident settlements and verdicts have ranged from $3 million to over $11 million.

How much does it cost to hire a truck accident lawyer?

Metier Law Firm works on a contingency fee basis. Clients pay nothing upfront, and the firm only collects fees if it wins the case through settlement or verdict. This allows victims to access the same level of legal representation that trucking companies use without financial risk.

Why CDL Experience and Board Certification Matter

There's a reason Tom Metier earned NBTA Board Certification and Mike Chaloupka maintains his Commercial Driver's License. These attorneys don't just study truck accidents in law books. They understand them from the inside. When a trucking company claims a driver couldn't have avoided a crash, Chaloupka knows whether that's true based on sight distance, stopping distance, and the performance capabilities of that specific vehicle configuration.

When defense attorneys try to confuse juries with technical jargon about glad hand connections, air brake systems, or tandem axle weight distribution, Metier Law Firm's attorneys can explain these systems in plain English because they've worked with them firsthand. This expertise has helped the firm secure life-changing results for clients across its five-state service area.

The trucking industry is massive, profitable, and well-defended. Victims need truck accident lawyers who are equally equipped. Whether in Denver, Seattle, Portland, Cheyenne, or Omaha, Metier Law Firm has the specialized knowledge and resources to take on commercial motor carriers and their insurers.

Call Metier Law Firm at 866-377-3800 or schedule your free consultation today at www.metierlaw.com.

‍

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.

‍