Getting hit by an 18-wheeler isn’t just another car accident. You’re up against billion-dollar trucking companies with armies of lawyers who’ve been training for this fight since the day you got your driver’s license.
I’ve seen too many good people get railroaded because they hired the wrong attorney. Don’t let that be you. Here are the hard-hitting questions real victims need to ask – the ones most lawyers hope you’ll never think about:
1. "How many truck accident cases have you actually taken to trial?"
Most personal injury lawyers settle 100% of their cases. That’s a red flag. Trucking insurers smell weakness. If your lawyer’s never walked into a Texas courtroom with black box data in hand, you’re already at a disadvantage.
2. "Can you show me your trucking expert contacts?"
This isn’t a fender bender. You need:
- A CDL-certified investigator
- A mechanic who can demonstrate faulty brake maintenance
- An MD who understands traumatic brain injuries
If they’re scrambling to answer, walk out.
3. "What’s your play when the trucking company blames ME?"
They will. Every time. Your lawyer should already be:
- Pulling the driver’s 72-hour logbook (FMCSA Rule 395.8)
- Requesting the ELD (Electronic Logging Device) data
- Subpoenaing the truck’s maintenance records
4. "Who’s paying my medical bills while we wait?"
Here’s the dirty secret: Most firms won’t front these costs. The good ones? They’ve got relationships with:
- Doctors who’ll treat on a lien
- Neurospecialists who testify
- Vocational rehab experts
5. "How do you handle the corporate shell game?"
Swift, J.B. Hunt, Knight-Swift – they all hide assets. Your attorney should be fluent in:
- Piercing the corporate veil
- Uncovering parent/subsidiary relationships
- Tracking down excess insurance policies
6. "What’s your REAL success fee?"
The standard 33% often jumps to 40-45% if they file suit. But watch for:
- “Administrative fees” for copying (yes, really)
- Charges for “expedited court filing”
- Investigator costs deducted from your share
7. "Can I talk to your last three truck clients?"
Not references they pick – actual clients. Listen for:
- How quickly calls were returned
- Whether it was the lawyer or a paralegal managing your case
- If they felt prepared for deposition
8. "What’s your plan when they lowball?"
Insurers love offering 15K fast settlements when your lifetime care costs 2M. Your lawyer should:
- Have economist reports ready
- Know the jury verdicts in your county
- Be willing to turn down bad deals
9. "How do you prove pain and suffering?"
This is where weak lawyers fail. The best use:
- Day-in-the-life videos showing your struggle
- Cognitive testing to prove TBI effects
- Journals documenting your pain levels
10. "What’s your exit strategy if you can’t win?"
Some cases have fatal flaws. Honest attorneys will:
- Tell you within 90 days if they see problems
- Recommend other specialists if needed
- Never ghost you when the going gets tough
Trucking cases are wars of attrition. The right lawyer makes all the difference between getting justice and getting played.
Remember: The insurance adjuster across the table isn’t your enemy – their $250/hr defense attorney is. Don’t walk into that fight unarmed.