Following a devastating accident involving a commercial motor vehicle, victims will have many questions. Particularly, how do I know which lawyer to hire?
When dealing with truck accident cases, it’s important to keep in mind that they are far more complex than other personal injury cases. Some things that must be considered could include state laws, industry standards, proper licensure and qualifications, and Federal Motor Carrier Safety Regulations (FMCSRs). Even if a personal injury lawyer has handled car accident cases before, it does not mean they are equipped to take on these clients.
So, what should victims of commercial motor vehicle (CMV) accidents look for when hiring an attorney?
The Importance of an Experienced Truck Accident Attorney
There are many factors involved in representing the victim of a CMV accident. More often than not, clients are severely injured after these wrecks, and many will never be able to live normally or work again. Some clients may even be suing on behalf of a family member that was wrongfully killed.
These clients are entitled to recover financial damages for all of the harm and losses they have suffered. In order to ensure this outcome, clients need to find an attorney that has dealt with trucking cases before and knows everything the client needs.
Attorneys that have taken on these cases and won many times over will understand the different laws, standards, insurance claims, etc. that are vital to a case. Many trucking companies will do everything possible to look out for the company with little regard to the victims. For cases such as these, the attorney should have experience going against these companies and winning.
The most important thing to look for is board certification. Attorneys who are board-certified by the National Board of Trial Advocacy (NBTA) and accredited by the American Bar Association have a proven track record with semi-truck cases. This certification was established to specify which attorneys in the personal injury field have achieved the following criteria:
- Devoted a substantial percentage of their practice to trucking litigation.
- Hands-on experience in multiple truck accident cases.
- Passed a comprehensive written exam that shows proficiency in the procedural, substantive and practical issues unique to CMV accident cases.
By achieving board-certification, these attorneys have proven to others in the legal profession that they have the expertise required to suitably represent victims of CMV wrecks and are specialized in truck accident law.
It Takes a Team
Even if an attorney has worked on truck accident cases before, their entire legal team should be qualified to handle the case as well. One lawyer is simply not enough to win one of these cases. Attorneys are busy with many cases at once, and truck accident settlements can take several years. It is vital not to let your case slip away while your lawyer is working with other clients.
A proper legal team will have the care, expertise and knowledge necessary to assist your attorney. This can include attorneys, file managers, paralegals, discovery teams, reconstructionists, mechanics, and more.
The firm may hire private investigators to preserve evidence, inspect the scene and talk to potential witnesses. Engineers and mechanics might be employed to tear trucks and equipment apart to check for defects or download data from the truck’s electronic control module. The team may pull a driver’s medical records to see if any health problems could have caused the accident.
When the settlement is complete and it is time to move forward, the attorney may hire medical experts to create a future life care plan. They may also hire a vocational rehabilitation expert to determine loss of income over a lifetime, which can help determine the ultimate value of a case.
There is a lot of ground to cover with truck accident cases, and your attorney should use the best team at their disposal to ensure a positive outcome for your case.
This also means that the attorney’s firm should have enough substance and financial solvency to see the case through to the end. There are many experts and analysis needed to prove a trucking company was at fault for a wreck. David W. Craig, managing partner of Craig, Kelley & Faultless, has invested up to a quarter of a million dollars into cases before to ensure clients receive the best settlement possible.
David also takes great care in building the best legal team for his clients. He regularly sends the firm’s paralegals to seminars about truck law to help further their legal education and better serve clients. Ultimately, David believes that an attorney is only as good as his team, which means firms need to invest in their legal teams.
While researching attorneys/firms, it may be worthwhile to ask them who in the office will be assigned to work on the case. If possible, meet every person on the legal team and learn more about their role. This can give clients a better understanding of how much time and effort will be put into their case.
Compassion Counts
When hiring an attorney for a personal injury case, clients can expect to spend a lot of time with their legal counsel and team. Cases involving semi-truck accidents can last years, and clients deserve someone that will help lead them through this difficult period.
It’s important to choose an attorney who is empathetic. Victims want to feel comfortable sharing a lot of personal information and feelings with their attorney as they go through this process. Pick someone who is willing to answer questions and will work hard to ensure clients receive the compensation they are owed.
Ask David: Episode 63 of After the Crash with Ashley Napier
David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He has authored two books, Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, to help victims navigate the legal process.
Ashley Napier is a Litigation Supervisor and paralegal at Craig, Kelley & Faultless. She is a vital member of the team, working to keep file managers, legal assistants, law clerks and attorneys on track.
She and David discussed the values of an experienced legal team, as well as other topics regarding trucking accident law and the trucking industry, on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.
Ashley asked David questions about what makes truck wreck cases different from other personal injury cases, what advice he would give to attorneys wanting to grow a practice handling commercial motor vehicle cases, and more about the trucking industry during episode 63.
Want to Know More? Check Out These Resources
Everything in this article — and even more — is discussed at length by attorney David Craig in Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, available on Amazon.
Check out David’s “Red Flag” series to learn more ways to spot the wrong law firms or lawyers.
Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.
The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.
For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (888) 253-5198 or submitting an online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.