How to File a Claim Against a Truck Company

Published
01/29/2025

Truck accidents are much more dangerous than regular car crashes. Because of their massive size and weight, even a low-speed collision can cause serious injuries and major damage.

A fully loaded truck can weigh up to 80,000 pounds, making it harder to stop and more destructive on impact.

Unlike regular car accidents, multiple parties can be held responsible in a truck accident, including the driver, the trucking company, and even third-party contractors.

This makes it absolutely necessary to understand the claims process, know your legal rights, and take the right steps to secure fair compensation.

 

How is Liability Determined in a Truck Accident?

Truck accident liability isn’t always easy to determine. Here are the parties that may be liable in a car accident and when they can be held responsible:

  • Truck Driver: If the driver was reckless, fatigued, speeding, or under the influence, they can be held accountable for the accident.
  • Trucking Company: If the company hired unqualified drivers, failed to maintain vehicles, or pressured drivers to exceed legal driving hours, they may share responsibility.
  • Truck Manufacturer: If a defective part, such as faulty brakes or a tire blowout, contributed to the accident, the manufacturer could be held liable.
  • Third-Party Contractors: Maintenance providers, cargo loaders, or other third parties involved in the truck’s operation may be at fault if their negligence played a role in the crash.

 

What are Your Legal Options for a Truck Accident Claim?

After a truck accident, you can either file an insurance claim or pursue a lawsuit.

Most cases start with an insurance claim, as trucking companies carry large policies. However, insurers often try to minimize payouts by downplaying injuries or disputing liability.

If a fair settlement isn’t offered, a lawsuit may be necessary. This can help you recover full compensation for medical bills, lost wages, and other damages.

While litigation takes longer, it may be the best way to secure what you’re owed.

 

Types of Compensation Available for Truck Accident Victims

Victims of truck accidents may be entitled to various forms of compensation, including:

  • Medical expenses 
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering
  • Wrongful death claims (for fatal accidents)

The amount of compensation you receive depends on state tort laws. Some states, like Massachusetts, follow a comparative negligence rule, meaning your compensation is reduced if you’re partially at fault for the accident.

For example, if you’re found 20% responsible for a truck accident and your total damages are $100,000, you would only receive $80,000.

However, if you're more than 50% at fault, you may be barred from recovering anything.

Since liability can be complex, consulting a Boston truck accident lawyer ensures your rights are protected and you get the compensation you deserve.

 

5 Steps to File a Claim Against a Trucking Company

Here's a general guide to filing a claim against a trucking company:

Step 1: Seek Medical Attention and Document Your Injuries

Your health comes first. Even if you feel fine, get a medical evaluation immediately. Some injuries, like concussions or internal bleeding, may not be obvious right away.

Medical records play a crucial role in your claim. They serve as proof of injury and prevent the insurance company from arguing that your condition isn’t accident-related.

Keep copies of all medical bills, prescriptions, and treatment plans. These documents help determine the value of your claim.

 

Step 2: Gather Evidence at the Scene

If you’re physically able, collect as much evidence as possible before leaving the accident scene. This includes:

  • Photos and videos of vehicle damage, road conditions, skid marks, and any visible injuries
  • Witness contact information to back up your version of events
  • The truck driver’s details, including their employer, insurance information, and license plate number
  • Police reports, which provide an official record of what happened

 

Step 3: Contact a Truck Accident Lawyer to Determine Liability

To build a strong claim, you need clear and compelling evidence. This is where an experienced truck accident lawyer comes in. They know how to obtain pieces of evidence before they are lost or tampered with. 

One of the most important pieces of evidence is the black box. Also known as an Electronic Control Module (ECM) or Event Data Recorder (EDR), this device is installed in commercial trucks and records vital data, including:

  • Speed at the time of impact
  • Brake usage and sudden stops
  • Engine performance and throttle position
  • Hours driven before the crash

This information can help determine if the truck was speeding, if the driver attempted to brake, or if mechanical failure played a role in the accident.

Similarly, driver logs are another crucial source of evidence. These records track a trucker's work hours and rest periods, as required by federal law.

Fatigue is one of the leading causes of truck accidents, and if logs show that a driver exceeded legal limits or falsified records, it could be clear proof of negligence.

Trucking companies may not willingly hand over black box data or driver logs, so having a lawyer ensures these records are preserved and used to strengthen your case.

 

Step 4: Notify the Trucking Company and Its Insurance Provider

Once liability is established, you’ll need to file a formal claim with the trucking company and their insurer. This includes:

 

  • A detailed account of the accident with supporting evidence
  • Medical records proving the extent of your injuries
  • Proof of lost wages and financial losses caused by the accident

Trucking companies have powerful legal teams working to protect their interests. They will often try to get victims to admit fault or accept lowball settlements.

Therefore, you should avoid giving recorded statements or signing anything without consulting your lawyer. 

 

Step 5: Negotiate a Settlement

Once your claim is submitted, the insurance company will review your case and likely offer a settlement. However, their first offer is usually far lower than what you deserve.

A lawyer can negotiate aggressively on your behalf to secure compensation. 

If the insurance company refuses to offer a fair amount, your lawyer may recommend filing a lawsuit to pursue full compensation through the court system.

If you need a truck accident lawyer, DiBella Law Injury and Accident Lawyers offers free consultations and works on a contingency fee basis. This means you pay nothing upfront, and they only get paid if they win your case.

Their team knows how to handle complex trucking accident claims, secure crucial evidence, and negotiate with insurers to get the compensation you deserve.

 

Final Thoughts

Filing a claim against a trucking company requires strong evidence, legal knowledge, and skilled negotiation. The process can be overwhelming, but having the right attorney on your side can make all the difference in securing the compensation you deserve.

 

As always, drive safely!