Questions To Ask Your Truck Accident Lawyer Before Hiring Them

The trucking company’s insurance adjuster just called. They’re offering $75,000 to settle your case—today. “It’s a fair offer,” they say. “Most truck accident cases settle for less than this amount.”

Should you take it?

The attorney you hire in the next few days will determine whether you accept $75,000 or fight for the $5 million your case might actually be worth. But here’s the problem: not all “truck accident lawyers” are created equal. Some have handled hundreds of trucking cases and taken on billion-dollar corporations in federal court. Others? They’ve never faced a national carrier, don’t understand federal motor carrier safety regulations, and have no idea how to preserve electronic evidence before it disappears forever.

The difference between these two attorneys could mean millions of dollars—and the rest of your life.

So how do you separate experienced truck accident attorneys from general personal injury lawyers who are learning trucking law as they go? You ask the right questions.

Here are some essential questions to ask your truck accident lawyer to ensure they are the best fit for you.

1. What is Your Experience with Truck Accident Cases?

This is the single most important question you can ask—and here’s why: Bob Byrne of MartinWren, P.C. is Virginia’s ONLY Board Certified Truck Accident Attorney through the National Board of Trial Advocacy (NBTA).

What does board certification mean?

• Proven trial experience: I’ve tried multiple truck accident cases to verdict—not just settled them
• Tested expertise: I passed a rigorous examination on trucking law, federal regulations, and complex litigation
• Peer-reviewed: Other experienced trial attorneys verified my qualifications
• Ongoing education: I maintain specialized continuing education in trucking litigation

Why it matters: Any attorney can claim they “handle truck accidents.” Board certification is the only credential you can independently verify that proves specialized expertise. It’s like the difference between a general practitioner and a board-certified neurosurgeon—both are doctors, but you want the specialist for your brain injury.

Red flag: If an attorney says “I handle all types of accidents” or can’t point to specialized credentials in truck accident law, they’re a generalist learning trucking litigation on your case.

Look for attorneys with a proven track record in truck accident cases specifically, not just general personal injury experience. The complexities of trucking regulations, corporate liability structures, and electronic evidence preservation require specialized knowledge that most personal injury attorneys simply don’t have.

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   Have You Handled Truck Crash Cases Similar to Mine?

No two tractor trailer cases are the same. Some are bad weather crash cases where the driver failed to use extreme caution.  Your case might involve hours of service violations where a fatigued driver stayed on the road well past the permitted time. Maybe you had an underride crash with a “sitting duck” — a disabled or illegally parked truck. Perhaps it is unclear exactly who was at fault for the crash and you need someone to reconstruct the crash and win the case using telematics data. Not only are commercial truck accidents not like car accidents, the simple truth is that most tractor trailer crashes have many unique features.

You want to identify someone who dabbles in these cases versus someone who has dedicated their career to mastering this area of law. Ask them not just about their experience, but ask them about their experience with your type of case. Make them give you a straight answer.

3. How do You Charge Your Legal Fees?

Understanding how your attorney charges for their services is essential. Most truck accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Typically, the attorney receives a percentage of your settlement or verdict (often 33-40%, depending on whether the case settles or goes to trial).

Ask these specific questions about fees:

• What percentage do you charge?
• Does the percentage increase if the case goes to trial?
• Are there any upfront costs I need to pay?
• Who pays for expert witnesses, court filing fees, and other litigation expenses?
• What happens if we don’t win?

At MartinWren, P.C., we work on a contingency fee basis. You don’t pay anything unless we recover compensation for you, and we advance all litigation costs—so you’re never out-of-pocket for pursuing justice.

What This Means for You: In one case, we advanced nearly $200,000 in expert witness fees, accident reconstruction costs, and medical record reviews. Our client paid nothing upfront. When we secured a $4.0 million settlement, those costs were reimbursed from the recovery. If your attorney can’t afford to pay experts or if they take shortcuts to save money, your case will suffer.

4. How Will You Investigate My Case?

Truck accident cases require thorough investigation to identify all liable parties and preserve critical evidence. Ask potential attorneys:

• Do you send spoliation letters immediately to preserve evidence like black box data, ELDs, and logbooks?
• Do you work with accident reconstruction experts?
• Will you obtain the truck driver’s complete driving and employment history?
• How do you identify potentially liable parties beyond just the driver (e.g., trucking companies, freight brokers, maintenance providers)?

Evidence in truck accident cases can disappear quickly, and the first 48 hours after a truck accident are critical. Electronic data from ELDs and engine control modules is often overwritten within 60-180 days. Driver logs, maintenance records, and dispatch communications can also be lost or destroyed if not preserved immediately. Your attorney must act fast.

5. What is the Potential Value of My Claim?

While it may be difficult to determine the exact value of your claim, your lawyer should be able to provide you with a rough estimate based on their experience with similar cases. We can offer ballpark figures at most, and that is typically done in ranges. But we can let you know if you have a case that you should be willing to fight for because it has the potential to bring a large financial recovery.

Compensation in truck accident cases may include:

• Medical expenses (past and future treatment, rehabilitation, home modifications)
• Lost wages and earning capacity (if injuries prevent you from working)
• Pain and suffering
• Emotional distress
• Inconvenience
• Punitive damages (in cases involving gross negligence or reckless conduct)

Your attorney should be able to explain what damages apply to your case and how they will calculate the full value of your claim. Beware of attorneys who promise specific settlement amounts early on—no one can predict with certainty what a case is worth until a thorough investigation is complete.

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   Have You Litigated Against Brokers, 3PLs, Shippers, and Others?

Absolutely. One of the key issues in handling big rig truck crash cases is finding all potentially responsible parties.

Truck accident cases frequently involve multiple defendants:

• The truck driver
• The trucking company that employed or contracted the driver
• Freight brokers who arranged the shipment
• Cargo shippers
• Truck or trailer leasing companies
• Maintenance and repair providers

Each party may try to shift blame to others. An experienced truck accident attorney knows how to navigate these complex liability issues and maximize your recovery by identifying all responsible parties. Doing this helps provide sufficient insurance coverage to resolve big cases. Ask whether the attorney has experience litigating against large trucking companies, their insurers, and these other parties—these defendants have aggressive legal teams, and you need an attorney who can stand up to them.

7. How Long Will It Take to Resolve My Case?

The length of time it takes to resolve a truck accident case can vary depending on several factors. Some of those include the complexity of the case, the willingness of the other party to settle, and your expectations for what you would like to recover. Your lawyer should be able to provide you with a rough timeline based on their experience with similar cases.

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   Do You Specialize in Truck Accident Cases?

Truck accident cases are fundamentally different from car accident cases. They involve:

• Federal Motor Carrier Safety Regulations (FMCSR)
• Electronic logging devices (ELDs) and black box data
• Commercial driver’s license (CDL) requirements
• Hours-of-service violations
• Corporate liability and freight broker responsibility
• Multiple potentially liable parties

An attorney who primarily handles car accidents may not understand these nuances. Ask whether truck accident litigation is a core focus of their practice. At MartinWren, P.C., we concentrate specifically on catastrophic injury cases, including truck accidents, ensuring we stay current on trucking industry regulations and litigation strategies.

9. How Will You Communicate with Me?

Clear and regular communication is key to a successful lawyer-client relationship. Ask the lawyer how they will keep you updated on the progress of your case. Ask how you can reach them if you have any questions or concerns. We have a case management system that allows us to communicate with clients by texts and emails within the system. And, of course, we are always available to discuss the case by phone or in person with our clients.

10. What are the Possible Outcomes of My Case?

While no lawyer can guarantee a specific outcome, they should be able to outline the possible scenarios that may occur. This can include settling out of court or going to trial. It is important to understand that trucking companies and their insurers will aggressively fight your case. They might be willing to agree to a quick settlement for a small amount of money. You will need to be prepared for a fight if you seek to get the most amount possible in your case. And that is oftentimes the result our clients seek due to how devastating the crash was to virtually every aspect of their lives. When that is the case, we will be prepared to take your case to trial and seek relief from a jury.

Don’t Hire a Truck Accident Lawyer Until You Ask These Questions

The attorney you choose in the next few days will determine whether you get a quick nuisance settlement or full compensation for your catastrophic injuries. Tractor trailer companies have teams of lawyers and investigators working on your case within hours—you need an attorney who knows how to fight back.

At MartinWren, P.C., we had decades of combined experiences holding trucking companies accountable. We know what questions to ask them because we’ve been answering these questions from clients like you for over a decade.

The insurance company is already building their defense. Every day you wait is a day they’re gathering evidence to use against you.

If you or someone you love has been injured in a truck accident in Virginia, let’s talk about your case today. Call our Virginia Truck Accident Lawyer today.

Call us today or contact us online for a free consultation. We don’t get paid unless you win.

Call (434) 817-3100 or complete a Case Evaluation form