Spokane Truck Accident Lawyer

Key Highlights

  • Legal representation by Spokane truck accident lawyer is very important because of the extent of injuries from a truck accident, the complicated procedure for filing a claim, and the fact that evidence can quickly disappear after a Spokane truck crash can be difficult for anyone to handle on their own.
  • Because Spokane is one of the main routes for trucking, there is an above-average risk of a truck accident related to I-90, US-2, US-195, and the ‘S-curve’ on Division Street.
  • In Washington, you can make an injury claim even if you are partially responsible for the accident. You can also be compensated if you were injured because of a federal trucking regulation that affects the liability of truck drivers.
  • It may be possible to claim from several parties, so it is critical that you have an experienced attorney to represent you and help you collect all of the possible damages.

A serious truck accident can have a lasting effect on someone in just a few seconds. Victims often incur catastrophic damage to their bodies, experience mounting medical expenses, suffer from lost income, and are pressured by insurance adjusters attempting to settle claims for less than what they are worth. Also, many victims are concerned that being partially responsible for the accident will prevent them from receiving compensation for their injuries.

Truck accidents are unique and incredibly destructive because of the weight difference between a fully loaded semi-truck (approximately 80,000 pounds) and a typical automobile (3,000-4,000 pounds). This large weight differential increases the risk of serious or permanent injury to the victim. At Russell & Hill Law Firm, our Spokane truck accident lawyers represent truck accident victims in Washington State and help obtain justice after serious commercial vehicle accidents. 

Contact us today to schedule a free case strategy session to learn about your rights before the evidence is destroyed.

Why Truck Accidents Are So Common and So Dangerous in Spokane

Spokane is a logistics hub in the Inland Northwest and provides a critical corridor for commercial trucking in Washington, Idaho, and Montana, which is the reason why most dangerous trucking accidents happen here. The flow of freight is non-stop, resulting in traffic congestion, where long-haul trucks are travelling along with commuter traffic.

The points where I-90, US-2, and US-195 converge can be unsafe for drivers, mainly when there is an influx of holiday and winter traffic. Unsafe driving conditions are typically seen around the I-90/Division Street interchange (also referred to as the ‘S-curve’) and in high commercial trucking areas of Spokane Valley and Liberty Lake, where merging trucks and passenger vehicles often collide.

Washington Truck Accident Laws That Directly Affect Your Claim

Truck accident claims in Washington state are subject to state laws and federal regulations; therefore, it is important to know how those two are related to protect your claim and get the most recovery possible from them.

Pure Comparative Negligence (RCW 4.22.005)

Washington State operates under a pure comparative fault statute (RCW 4.22.005) means that if you are involved in an accident and are found to be at-fault, you can still recover damages even if you were partially responsible for causing the accident.

  • Your recovery will be decreased by whatever percentage of fault you are found to share.
  • Even if you were more than 50% responsible for causing the accident, you may still collect damages from the party who caused the accident.
  • Many times insurance companies will exaggerate your percentage of fault to try to lower their payout to you as the victim of the accident.

Commercial Truck Insurance Minimums

Commercial trucking companies are required to carry far more liability insurance than auto companies because of the possibility of catastrophic damage their size, weight, and speed can cause to property and people.

  • $750,000 for general freight carriers
  • $1,000,000 to $5,000,000 to transport hazardous materials
  • Higher policy limits will often result in a trucking company taking a more aggressive position during the defense of a claim.

Role of the Washington State Patrol (WSP)

The Washington State Patrol is vital to the investigation of commercial Spokane truck crashes as well as enforcing regulations for the operation of commercial trucks in the State of Washington.

  • Commercial vehicle inspections
  • Conducts inspections of commercial vehicles
  • Investigate the compliance of commercial drivers with Federal and State Laws
  • Issues citations that affect liability and fault. 

Why Federal and State Laws Overlap

Washington state law governs the liability and legal standard of care for driver negligence in the event of an accident involving a commercial truck and the Federal Motor Carrier Safety Administration (FMCSA) regulations govern the Hours of Service. If either Federal or State laws are violated, it can significantly strengthen your claim against the driver or the trucking company.

The Physics of Spokane Truck Crashes: Why Injuries Are Often Severe

Due to the laws of physics, momentum, and the unique mechanical limitations of large commercial vehicles, large truck accidents can result in some of the most severe injuries.

  • Stopping distance: A tractor-trailer will require approximately 40% more distance to stop than a standard passenger car, which creates greater severity of injury during rear-end collisions. Once a large truck starts to brake, the severity of injury often is unavoidable.
  • Jackknife accidents: A trailer will swing sideways toward the cab during abrupt braking or when the road is slippery. This motion can crush nearby vehicles and block multiple lanes of traffic.
  • Underride collisions: When a smaller vehicle slides under the rear or side of a commercial truck, it can result in catastrophic head and/or upper-body injuries to the occupants, regardless of the safety devices designed to prevent such injuries from happening.
  • Rollover crashes: Improperly loaded or shifting cargo causes the center of gravity to rise in a truck. As a result, this can lead to rollovers when making turns or taking action to avoid a collision with another vehicle.

Who Can Be Held Liable After a Spokane Truck Accident?

Truck accident claims often involve multiple defendants, making them more complicated and often more valuable than typical car accident cases.

Truck Driver Liability

Drivers can be liable for their actions such as fatigue, speeding, distracted driving, impairment, and several violations of federal Hours of Service regulations. Your dump truck accident attorney can help prove this with evidence.

Trucking Company Liability

Trucking companies may also be liable for various reasons such as forcing drivers to operate under unrealistic time constraints, encouraging violations of company and/or federal regulations, negligent hiring practices, and failing to properly supervise their drivers.

Cargo Loading Companies

Cargo loaders may also bear liability when improperly loaded or secured cargo shifts while in transport and contributes to jackknife or rollover accidents or an inability for the driver to maintain control of the vehicle during operation.

Maintenance and Repair Providers

Third-party maintenance contractors can be held liable when brake or tire failures or steering problems are due to improper inspections or missed maintenance opportunities.

Truck and Parts Manufacturers

Manufacturers (including truck body and parts manufacturers) may also bear liability when defective tires, brakes, or mechanical systems contribute to or result from crashes or increase the severity of injury sustained.

Critical Evidence in Truck Accident Cases and Why Time Is Everything

In truck accident claims, evidence can quickly go missing after the collision, sometimes within just a couple of days. Therefore, you need to act quickly with the help of Spokane personal injury attorneys to preserve your claim.

Electronic Control Module (Black Box)

Often referred to as the “black box,” the electronic control module (ECM) records the speed of the truck prior to the accident, braking activity, engine performance data and even GPS information of the location of the event. Unless the device is preserved quickly, this data may be overwritten within 24-72 hours.

Dash Camera Footage

Commercial trucks are frequently equipped with interior and exterior facing cameras that will capture the collision, driver’s actions and conditions of the roadway prior to the collision.

Driver Logs and Hours of Service Records

Drivers’ log books and records indicate whether a driver was operating his or her vehicle unlawfully by exceeding driving time limits dictated by the Federal Motor Carrier Safety Administration (FMCSA) or falsifying in order to meet delivery schedules.

Maintenance and Inspection Records

Maintenance and inspection records identify whether a truck has been adequately maintained, properly inspected or operating with known defective equipment.

Spoliation Letters

A spoliation letter is a formal legal letter sent to the trucking company mandating them to preserve all evidence associated with the accident.

While you are recovering from the accident, the evidence continues to disappear. Your semi truck accident attorney must act faster than the trucking company’s attorney to preserve the evidence.

What To Do Immediately After a Truck Accident in Spokane

The way you act following an accident with a truck can have a significant effect on both your health and your legal rights.  

Step 1: Call 911 and Seek Medical Care

As soon as you are involved in an accident with a truck, immediately call for emergency medical care via 911. Even if you have no visible injuries, you may not initially realize that you are injured. 

Step 2: Document the Scene

In either case, it is critical that you document the scene of the accident properly. Do this by taking pictures of the various vehicles involved, each vehicle’s license plate, the road conditions, and the surrounding traffic. If possible, try to take these photographs prior to moving the vehicles to their respective locations. 

Step 3: Avoid Recorded Statements

Lastly, avoid giving any recorded statements to any trucking or commercial insurance adjuster(s) until you have had the opportunity to speak with a commercial truck accident attorney who specializes in truck accident injury claims.

Why Choose Russell & Hill Law Firm for a Spokane Truck Accident Case

Your selection of a truck accident injury lawyer near me can make the difference between getting full compensation versus under-settling on your settlement.

  • Washington-based law firm has extensive experience in Spokane courts, with judges & local truck accident patterns
  • Our lawyers have experience handling multi-million dollar insurance policies in semi-trucks, box trucks, and commercial fleet accidents.
  • Our team of Spokane truck accident lawyers are well-versed on FMCSA HOS regulations and how to use violations to strengthen a liability case.
  • Willing to go to trial when insurance companies will not offer a fair settlement, instead of pressuring the client to accept less.
  • Personalized strategy sessions will be conducted directly by box truck accident lawyer, not call centers or case managers.
  • Our team has recovered $1.3 million in truck accident cases and served over 20,000+ clients all across WA. 
  • We have over 135+ years of combined experience and AVVO rating of 10,0 for top personal injury lawyers

FAQs About Spokane Truck Accident Lawyers

I was partially at fault. Can I still sue in Washington?

Yes, under Washington’s pure comparative negligence rule, you may still seek to recover damages even if you are partially at fault; your recovery will only be offset by your percentage of fault that has been allotted to you

What if the trucking company is based in another state?

The trucking company can still be sued in Washington state as long as the collision occurred in this state or involved Washington state roads and regulations. 

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

The majority of truck accident injury claims must be brought within three years; however, you should preserve any evidence as soon as possible after the incident. 

What makes truck accident cases different from car accidents?

Truck accident cases involve federal rules and regulations, multiple defendants, insurance liability limits that are higher, and complicated evidence like “black box” truck data. And not to mention, because of the size difference truck accidents cause much more harm.

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

Most Spokane accident lawyers work on a contingency fee basis, which means that you do not have to pay anything unless they recover compensation on your behalf.

Get a Clear Legal Roadmap After a Spokane Truck Accident

There are specific rules and federal regulations when it comes to truck accidents. Most people don’t realize how quickly they can lose evidence. If you have suffered a truck accident and do not have qualified legal help from a Spokane truck accident lawyer, you will be underpaid, unfairly blamed, or be overwhelmed by the legal process.

At Russell & Hill Law Firm, our best truck accident lawyer Spokane WA can assist you with all of the steps necessary to successfully resolve your truck accident case. We will provide you with guidance throughout the entire process from preserving the evidence needed to proving your case to recovering maximum mutual recoveries.

Call us today for a free consultation to discuss your case in greater detail and to develop a plan to proceed with your claim before it becomes difficult to recover.

P
Date published: 2024-05-01
5 out of 5

Thank you so very much for all your hard work on my accident claim. Sara Baca was amazing and so helpful. The whole office staff was always helpful in helping me, they where always positive and encouraging, especially when insurance companies tried to not pay there part. I cannot thank you enough, Russell and Hill and everyone on the Office staff, Thank you so much.

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