[gt-link lang="es" label="Se Habla Español" widget_look="lang_names"]
[gt-link lang="en" label="English" widget_look="lang_names"]
Catastrophic injury representation for victims of 18-wheeler and commercial truck collisions backed by $100M+ in recovered compensation
When negligent trucking companies and reckless drivers leave victims permanently disabled, BAM fights to hold them fully accountable.
Utah's location at the crossroads of major interstate corridors makes semi-truck accidents a persistent public health crisis. Interstate 15, running north-south through the Salt Lake Valley, carries over 8,000 heavy trucks daily. Interstate 80, heading eastbound toward Wyoming and westbound toward Nevada, sees another 5,000+ commercial vehicles daily passing through Parley's Canyon and across the Utah desert. US Route 89, US Route 191, and a network of highways connecting to California and Colorado add thousands more truck movements through the state each day. With this volume comes an inevitable human toll: serious truck accidents, catastrophic injuries, and wrongful deaths that devastate families and communities.
The Federal Motor Carrier Safety Administration (FMCSA) reports that large trucks are involved in approximately 3,500 fatal crashes annually in the United States, accounting for over 10% of all traffic fatalities despite representing less than 5% of registered vehicles. In a collision between a 80,000-pound fully loaded semi-truck traveling at highway speed and a passenger vehicle, the occupants of the passenger vehicle have virtually no chance of survival. The mass disparity is simply too great: the truck's momentum is 20-30 times greater than the car's momentum, resulting in catastrophic crush injuries, ejections, and fatalities. Even moderate-speed truck accidents frequently result in severe spinal cord injuries, amputations, and traumatic brain injuries that permanently alter the victim's ability to work and live independently.
What makes trucking accident cases uniquely challenging is their complexity. Unlike a two-car accident where liability is often straightforward, a semi-truck accident case may involve the driver, the trucking company, the cargo loader, the truck manufacturer, the maintenance provider, the insurance broker, and third-party contractors â each with their own insurance policies and legal defenses. Federal regulations governing the trucking industry create additional legal questions that require specialized knowledge. State tort law, federal statutory law, and insurance regulations all intersect in ways that demand expertise most general personal injury attorneys simply do not possess.
BAM Personal Injury Lawyers was founded specifically to handle the most complex and highest-value cases. Our founding partners, Kigan Martineau and Dan Benzion, spent years at Utah's largest firms seeing how high-volume practices treat cases like inventory items. At BAM, we accept only the cases we can fully commit to, which means you get the attention of partners with decades of personal injury litigation experience. We have handled dozens of semi-truck accident cases resulting in settlements and verdicts exceeding $100M collectively across all cases. This depth of experience gives us the knowledge to navigate federal trucking regulations, identify all liable parties, and maximize the compensation our clients receive.
The physics of a semi-truck accident make these collisions uniquely devastating. A fully loaded semi-truck can weigh 80,000 pounds (40 tons), compared to a typical passenger car weighing 3,000-4,000 pounds. When a truck traveling at highway speed â 55-75 mph â collides with a passenger vehicle, the energy transfer is catastrophic. The truck's stopping distance at 70 mph is 500+ feet, compared to 300 feet for a car. A truck's brakes can fail, particularly in mountainous terrain or after hard braking, resulting in runaway truck accidents that carry the momentum of an entire 80,000-pound vehicle into a passenger car.
The structural differences between trucks and cars amplify the injury mechanisms. Passenger cars are designed with crumple zones that absorb impact energy, distributing forces across the vehicle structure. Semi-trucks have rigid steel frames and heavy bumpers that transmit impact forces directly into the passenger compartment. In a rear-end collision by a truck, the force is applied to the rear bumper of the car, which is directly above the fuel tank and below the rear passenger compartment. The truck's front bumper, mounted at a height of 18-24 inches, passes over the car's bumper and crashes directly through the trunk and into the rear passenger compartment â a phenomenon called "underride." Underride accidents are nearly 100% fatal to vehicle occupants because there is no structural protection between the truck's frame and the victims.
Forward collisions between a truck and a car are equally devastating. The truck's massive weight, combined with its height, often results in the truck's bumper and frame riding over the hood and through the windshield, crushing the occupants. Side-impact collisions (T-bone) from a truck are invariably fatal or catastrophic because the side of a passenger vehicle offers minimal protection against an 80,000-pound impact. Even low-speed truck accidents â 20-30 mph â frequently result in severe injuries because the truck's weight and momentum cause injuries that far exceed what the same speed would cause in a car-to-car collision.
The occupants of the passenger vehicle are not the only victims of semi-truck accidents. Truck drivers and passengers in the truck itself can suffer severe injuries including broken bones, crush injuries, spinal cord injuries, and internal organ damage. The truck's height and size mean the driver sits much higher than passenger car drivers, resulting in different injury patterns when trucks roll or collide with low-clearance obstacles. The load in the truck's trailer â heavy cargo â can shift during braking or impact, causing additional injuries and creating hazardous materials hazards if the cargo includes flammable or toxic substances.
Semi-truck accidents result from many causes, and in most cases, multiple factors combine to create dangerous conditions. Understanding the common causes helps identify liable parties and establish negligence.
Driver fatigue is the single most common cause of fatal commercial truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) identifies fatigue as a factor in approximately 20% of all large truck crashes. Trucking companies operate under intense economic pressure to move cargo quickly, and drivers face financial incentives to maximize hours on the road. Many companies encourage or tacitly permit drivers to violate federal Hours of Service (HOS) regulations, which limit drivers to 11 hours of driving per 14-hour on-duty period. The new Electronic Logging Device (ELD) mandate, which became fully enforceable in December 2019, has improved monitoring of HOS violations, but enforcement remains inconsistent.
Fatigued drivers exhibit impairment patterns identical to drunk driving: slower reaction times, difficulty maintaining lane position, reduced ability to process information, and periodic microsleeps where the driver's eyes close for 3-10 seconds â at 70 mph, that's 200-400 feet of blind driving. Studies published in the Journal of Safety Research document that drivers who exceed HOS limits have accident rates four times higher than drivers who comply. When we identify HOS violations in a trucking case, we have clear evidence of negligence. HOS data is recorded in the truck's Electronic Logging Device (ELD) or, in older trucks, in the driver's logbook. This is evidence we aggressively pursue in discovery.
Distracted driving among truck drivers has increased dramatically over the past decade, as smartphones and in-cab entertainment systems proliferate. Federal regulations prohibit commercial drivers from using hand-held phones while driving, but many drivers disregard this rule. Text messaging, social media apps, navigation systems, and video watching all divert the driver's attention from the road. A truck traveling at 70 mph covers 103 feet per second; taking eyes off the road for just 5 seconds means 515 feet of uncontrolled vehicle operation â more than the length of a football field. In discovery, we obtain phone records and cell tower data showing whether the driver was using their phone at the time of the accident.
Cargo loaders and shipper employees are responsible for ensuring cargo is properly loaded and secured. Improperly loaded cargo can shift during transit, causing the truck to become unstable and roll. Overloaded cargo exceeds the truck's weight rating and reduces braking effectiveness. Cargo that is unevenly distributed creates dangerous weight imbalances. These failures are often the responsibility of entities other than the trucking company â shipper companies, cargo brokers, or third-party loading facilities. In a catastrophic truck accident, we conduct detailed forensic investigation to determine whether improper loading contributed to the accident, and we pursue all liable entities.
Trucks are subject to strict federal maintenance requirements (49 CFR Part 396), including mandatory inspections, maintenance of braking systems, tire integrity checks, and documentation of all maintenance performed. Trucking companies sometimes cut corners on maintenance to save money. Brake failures, tire blowouts, steering failures, and lighting system failures can all cause accidents. Poor maintenance practices indicate negligence and sometimes recklessness. In cases involving mechanical failures, we retain truck safety engineers who conduct detailed forensic analysis of the failed component and testify regarding the maintenance failures that led to the accident.
Large trucks require longer stopping distances than passenger vehicles, yet many truck drivers exceed safe speeds for road conditions or follow passenger vehicles at unsafe distances. A truck traveling at 70 mph requires approximately 500 feet to stop; a truck traveling at 65 mph requires 450 feet. Following a passenger car at less than one second (approximately 100 feet at 70 mph) means the truck driver has no ability to stop if the car brakes suddenly. When weather is poor, road conditions are hazardous, or traffic is congested, drivers should reduce speed and increase following distance, but many do not. Speed is recorded in the truck's Event Data Recorder (black box), providing clear evidence of excessive speed at the time of the accident.
Federal regulations prohibit commercial drivers from operating trucks with any detectable level of alcohol in their system (0.04% blood alcohol content, half the limit for non-commercial drivers). Despite these regulations, some truck drivers operate impaired by alcohol or drugs (prescription pain medications, stimulants, or illegal substances). We obtain the driver's toxicology report, drug test results, and any prior DUI arrests. Evidence of impairment strengthens a negligence claim and can support punitive damages claims.
Some truck drivers operate their vehicles recklessly: excessive speeding, aggressive lane changes, failure to yield, intimidating following distances used to "run off" other drivers, and running red lights or stop signs. Dash camera footage from other vehicles often captures this aggressive behavior. When we identify reckless driving, the damages calculation increases significantly because recklessness creates the potential for punitive damages.
The extreme forces involved in semi-truck accidents produce injury patterns that are quantitatively and qualitatively different from passenger car accidents. Truck accident victims frequently suffer injuries that result in permanent disability and require lifetime medical care.
Spinal cord injuries are among the most common catastrophic injuries in semi-truck accidents. The sudden, violent acceleration and deceleration forces, combined with twisting or lateral forces in sideswipe or rollover accidents, can damage the spinal cord to the point of permanent paralysis. Paraplegia (loss of function in the legs) results from damage to the mid-back spinal cord, while quadriplegia (loss of function in all four limbs) results from damage to the neck spinal cord. The National Spinal Cord Injury Statistical Center reports that the average lifetime cost of care for paraplegia exceeds $2.5 million, while the cost for quadriplegia can exceed $5 million. These are individuals who typically have 40-50+ years of life expectancy after their injury, requiring 24-hour medical care, adaptive equipment, home modifications, and specialized transportation.
The violent impact forces in truck accidents frequently cause traumatic brain injuries ranging from mild concussions to severe diffuse axonal injury (DAI). Even mild TBIs can cause persistent headaches, cognitive difficulties, memory problems, mood changes, and sleep disturbances. More severe TBIs can result in permanent vegetative state, severe cognitive impairment, personality changes, seizure disorders, and the inability to live independently. The brain injury recovery process is measured in months and years, not weeks. A person with a severe TBI may require speech therapy, occupational therapy, cognitive rehabilitation, pain management, and ongoing neurological monitoring for the remainder of their life.
The enormous weight of semi-trucks can crush limbs, resulting in compartment syndrome, tissue necrosis, and the need for amputation. Crush injuries can affect the chest (crushing rib fractures that puncture lungs), abdomen (crushing internal organs), and limbs. Even amputations that preserve the limb (through surgical reconstruction) result in permanent disability, loss of function, and chronic pain. Limb loss requires adaptation to prosthetics, which must be replaced periodically as the residual limb changes shape during healing and adaptation. The psychological impact of amputation â loss of identity, depression, and adjustment challenges â is profound.
The crushing forces of a truck impact frequently cause internal organ damage including ruptured or lacerated liver, spleen, pancreas, and kidneys. Intestinal perforations, lung contusions, and cardiac contusions can all occur. Internal bleeding can be life-threatening and may not be immediately apparent at the scene. Organ damage may require emergency surgery with significant morbidity and mortality risk. Survivors of major organ injuries often develop chronic complications including adhesions, organ dysfunction, and chronic pain.
The crush forces in truck accidents can fracture the pelvis, femur (thighbone), and other major bones. Pelvic fractures are associated with serious injuries including hemorrhagic shock, genitourinary injuries, and gastrointestinal injuries. Femur fractures carry a high risk of fat embolism (fat entering the bloodstream) and pulmonary embolism (blood clots in the lungs), both potentially fatal complications. Open fractures (where bone breaks through the skin) carry high infection risk and often require multiple surgeries including external fixation and skin grafting. Even after fractures heal, orthopedic injuries frequently result in chronic pain, reduced range of motion, and arthritis.
When a truck accident results in fire or explosion, victims suffer severe thermal burns. Additionally, if the truck is carrying hazardous materials (flammable liquids, toxic chemicals, radioactive materials), victims may suffer toxic exposure injuries. Hazmat accidents create additional liability because hazmat shippers and brokers have obligations to ensure safe packaging and labeling. Chemical exposure injuries can cause respiratory damage, organ damage, and long-term health complications.
The federal government regulates the trucking industry through comprehensive rules codified in Title 49 of the Code of Federal Regulations (CFR), Parts 390-399. These regulations establish minimum standards for truck maintenance, driver qualifications, hours of service, hazardous materials transportation, and commercial driver's license requirements. When trucking companies or drivers violate these federal regulations, the violation establishes negligence per se â meaning the violation itself proves negligence without requiring proof of breach of duty.
Part 390 establishes general requirements for all motor carriers and commercial drivers, including the requirement to maintain a commercial driver's license (CDL) and to maintain accident records. Drivers must be at least 21 years old for interstate commerce and must possess a valid CDL with the appropriate endorsements (air brakes, hazmat, tanker, doubles, etc.). Drivers with a history of serious violations, including traffic violations and drug convictions, may be prohibited from operating commercial vehicles.
Part 392 establishes specific operating requirements including prohibitions on texting and phone use while driving, requirements to maintain safe speeds, requirements to ensure cargo is properly secured, and prohibitions on driving while fatigued. Part 392.14 prohibits driving a commercial motor vehicle without appropriate sleep, and Part 392.4 requires drivers to obey traffic laws and maintain safe speeds. Violations of Part 392 establish negligence per se.
Part 393 establishes requirements for truck components including braking systems, lighting, steering, coupling devices, and cargo securement. Trucks must be maintained with fully functional brakes, functional lighting systems, intact steering systems, and properly functioning coupling devices. Cargo must be secured to prevent shifting, tipping, or separation from the vehicle. Violations of Part 393 standards indicate inadequate maintenance and establish negligence.
Part 396 requires motor carriers to maintain trucks in safe condition and to conduct pre-trip and post-trip inspections. The Pre-Trip Inspection (PTI) requirement, codified in 49 CFR 396.11, mandates that drivers complete a written inspection before operating the truck, documenting the condition of brakes, lights, steering, coupling devices, and tires. If a driver discovers defects during the PTI, they must report them to the motor carrier, and the carrier must repair the defect before the truck is operated again. Post-Trip Inspection requirements ensure that defects discovered during operation are documented and repaired. Trucking companies that fail to conduct required inspections, fail to repair defects identified in inspections, or fail to maintain records of inspections and repairs violate federal law and establish negligence.
Trucks carrying hazardous materials must comply with additional federal requirements including proper identification, labeling, placarding, packaging, and documentation. Shippers must classify materials properly, use appropriate packaging and containers, and label shipments clearly. Carriers must ensure their drivers and equipment are properly equipped to transport hazardous materials safely. Violations of hazmat regulations can establish negligence in cases involving hazmat accidents.
The Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation, enforces Hours of Service (HOS) regulations that limit the number of hours a commercial driver can operate a truck. These regulations are codified in 49 CFR Part 395 and are designed to prevent driver fatigue, which the FMCSA recognizes as a major cause of truck accidents.
The current HOS regulations, which took effect in 2020, establish the following limits:
These regulations exist because human factors research demonstrates that fatigue significantly impairs cognitive function, reaction time, and decision-making ability in ways comparable to alcohol intoxication. A driver who has been on duty for 18-20 hours exhibits impairment similar to a driver with a blood alcohol content of 0.08% (the legal limit for non-commercial drivers). The FMCSA regulations establish minimum rest requirements to protect public safety by ensuring drivers have adequate sleep.
Prior to 2019, most trucking companies maintained driver logs on paper, which were notoriously easy to falsify. Drivers would maintain two sets of logs â one showing compliant hours for inspections, and another showing actual hours worked. The Electronic Logging Device (ELD) mandate, which became fully enforceable on December 18, 2019, requires all commercial trucks to carry electronic devices that automatically record driving and on-duty time based on vehicle motion. ELDs cannot be easily falsified and cannot be adjusted retroactively. This has significantly improved the reliability of HOS data and has made it much easier to identify when drivers and trucking companies violate HOS regulations.
When we investigate a truck accident, one of the first pieces of evidence we obtain is the ELD data, which provides a complete record of the driver's duty status for the 7-8 days preceding the accident. This data often reveals whether the driver was operating in violation of HOS regulations. HOS violations are powerful evidence of negligence and sometimes recklessness, and we use this evidence to secure maximum compensation for our clients.
Commercial drivers must possess a valid Commercial Driver's License (CDL) with appropriate endorsements for the type of truck being operated. Endorsements include:
Operating a commercial truck without the appropriate CDL or endorsements is a violation of federal law. Some trucks, particularly tanker trucks and hazmat carriers, require specific endorsements because they have unique handling characteristics and safety requirements. When a driver operates a truck without the appropriate endorsement, this is evidence of negligence.
The FMCSA requires motor carriers to implement a drug and alcohol testing program. The program must include pre-employment testing, random testing, reasonable cause testing (when a supervisor has reasonable suspicion of drug or alcohol use), and post-accident testing. Drivers who test positive for drugs or alcohol, or who refuse to test, must be removed from driving duty. When we investigate a truck accident, we obtain post-accident drug and alcohol test results for all drivers involved. Evidence of drug or alcohol impairment establishes negligence and strengthens the case for punitive damages.
In addition to federal trucking regulations, Utah has its own laws governing trucking operations. Understanding these state laws is important for establishing negligence and determining liability.
Under Utah Code § 78B-2-307, you have four years from the date of the accident to file a personal injury lawsuit arising from a semi-truck accident. For wrongful death claims (Utah Code § 78B-2-304), the deadline is two years from the date of death. These deadlines are absolute; missing them permanently bars your claim, regardless of how strong your case may be. We recommend consulting an attorney within days of the accident, not months or years later, because critical evidence deteriorates over time.
Utah follows a modified comparative negligence standard under Utah Code § 78B-5-818. You can recover compensation as long as you are less than 50% at fault for the accident. Your recovery is reduced by your percentage of fault. In a typical semi-truck accident where the truck driver was negligent, the passenger vehicle occupants will be found to be 0-5% at fault (or not at fault at all). However, the trucking company's insurance will attempt to shift blame to the victim, arguing that the victim failed to see the truck, failed to maintain a safe speed, or failed to take evasive action. We counter these arguments with expert testimony and physics analysis showing the victim could not have avoided the accident.
Utah's no-fault insurance system applies to semi-truck accidents just as it does to passenger car accidents. Victims can recover Personal Injury Protection (PIP) coverage from their own insurance company regardless of fault. However, to pursue a claim against the at-fault trucking company's liability insurance, the victim must exceed the $3,000 PIP threshold or suffer permanent injury. In virtually all semi-truck accidents involving serious injuries, this threshold is easily exceeded.
When a semi-truck accident results in death, the deceased person's heirs or personal representative can bring a wrongful death claim under Utah Code § 78B-3-106. Recoverable damages include funeral and burial expenses, the deceased's lost future earnings, loss of companionship and consortium (the family's loss of the relationship), and the pain and suffering the deceased experienced between injury and death. Wrongful death claims must be filed within two years of death.
Utah's Vehicle Code (Utah Code § 41-6a-401 through 41-6a-402) establishes requirements for safe operation of vehicles, including speed restrictions, requirements to maintain safe distances, and prohibitions on reckless driving. Violations of these statutes establish negligence per se. When a truck driver violates Utah Vehicle Code requirements, this violation contributes to the negligence claim.
One of the most important aspects of semi-truck accident cases is identifying all potentially liable parties. Unlike a two-car accident where liability is typically between two drivers, a semi-truck accident may involve six or more entities with independent legal liability.
The driver is the most obvious responsible party. The driver's duty includes operating the truck safely, maintaining safe speeds and following distances, complying with traffic laws, not driving while fatigued or impaired, and ensuring the truck's equipment is functioning properly. When a driver violates these duties and causes an accident, the driver is personally liable. However, drivers typically have minimal personal assets, so recovery is usually through the trucking company's liability insurance.
The trucking company is vicariously liable for the driver's negligence under the doctrine of respondeat superior, which holds employers liable for employees' negligence committed within the scope of employment. Additionally, trucking companies have direct liability for their own negligence in hiring, training, supervising, and retaining drivers. For example:
We routinely discover that trucking companies have knowledge of a driver's poor safety record but continue to employ them. Some companies actively encourage drivers to violate HOS regulations by offering bonus pay for quick deliveries, creating financial incentives for drivers to speed and exceed hours of service limits. These are strong facts supporting direct liability against the trucking company.
Shippers and cargo owners are responsible for ensuring cargo is loaded safely, properly declared, and properly secured. Improperly loaded or overloaded cargo can cause the truck to become unstable. Undeclared hazardous materials create safety and liability risks. Shippers have a duty to provide accurate weight information to carriers. When cargo is improperly loaded, overloaded, or improperly declared, the shipper shares liability for accidents caused by improper cargo conditions.
Third-party cargo loaders (warehouse employees or dedicated loading companies) are responsible for loading cargo safely and securing it properly. When a cargo loader loads cargo unevenly, overloads the truck, or fails to secure cargo, the loader shares liability for accidents caused by improper cargo loading.
Truck manufacturers are responsible for designing and manufacturing trucks that are safe when operated properly. Manufacturing defects, design defects, or inadequate warnings can result in accidents. Common manufacturing/design defects include:
Underride guards are particularly important â federal regulations now require rear underride guards (devices that prevent smaller vehicles from sliding under the truck trailer) and side underride guards. When a truck manufacturer fails to install adequate underride guards or uses designs that are known to be ineffective, the manufacturer shares liability for underride accidents that could have been prevented.
Third-party maintenance providers (shops that perform repairs and maintenance) are responsible for performing maintenance correctly and identifying defects. When a maintenance provider fails to repair a known defect (e.g., failed brakes), performs repairs incorrectly, or fails to identify defects during scheduled maintenance, the maintenance provider shares liability for accidents resulting from these failures.
Freight brokers and third-party logistics companies that arrange transportation are sometimes liable for choosing carriers with poor safety records or for failing to properly match loads with appropriate vehicles.
Semi-truck accidents generate enormous amounts of evidence. Identifying and preserving this evidence immediately after the accident is critical because much of it is routinely destroyed or overwritten.
The ELD records all driving and on-duty time for the preceding 7-8 days. This data reveals whether the driver was in violation of HOS regulations at the time of the accident. We send immediate preservation letters to the trucking company demanding preservation of all ELD data, and we subpoena this data in discovery.
Modern trucks are equipped with Event Data Recorders (black boxes) that record hundreds of data points including vehicle speed, acceleration, brake application, steering inputs, and lane position in the seconds leading up to a crash. This data is critical to understanding exactly what the driver was doing at the moment of impact. Some black boxes are self-contained units in the truck; others transmit data wirelessly to the trucking company's fleet management system. We immediately send preservation letters and subpoenas for all black box data.
Driver logbooks (now largely replaced by ELDs) document the driver's duty status. Falsified logbooks are a significant safety problem in the trucking industry and provide evidence of negligence. We compare ELD data against any remaining paper logbooks to identify discrepancies and falsification.
Maintenance records document all repairs, inspections, and maintenance performed on the truck. These records reveal whether the truck was properly maintained and whether known defects were repaired. We subpoena complete maintenance records for the preceding 12 months. If maintenance records show that a defective component was identified but not repaired, this is powerful evidence of negligence.
Federal regulations require drivers to complete written pre-trip and post-trip inspections. These reports document known defects. If a driver reported a defect and the trucking company failed to repair it before the truck was operated again, this is a serious violation and strong evidence of negligence.
Post-accident drug and alcohol test results are critical evidence of impairment. These results are typically obtained by law enforcement at the scene. We obtain these results through discovery, FOIA requests, and police reports.
Surveillance footage from nearby businesses, traffic cameras, or dash cameras from other vehicles often captures the accident or the moments leading up to it. This footage is invaluable because it provides objective evidence of what occurred. We identify nearby businesses with surveillance cameras and immediately send preservation letters demanding they not overwrite footage. Most surveillance systems overwrite old footage after 30-60 days, so speed is critical.
Photographs of vehicle damage, accident scene conditions, road conditions, traffic control devices, and skid marks are critical evidence. Scene measurements document distances between vehicles, position of skid marks relative to traffic control devices, and sight line information. We photograph the scene within hours of the accident, before evidence is altered or destroyed.
The police accident investigation report documents the officer's observations, witness statements, and preliminary fault determination. While police reports are not admissible in civil litigation, they provide leads for witness interviews and valuable information about accident conditions.
Trucking company hiring records and personnel files reveal whether the company conducted background checks, what the driver's prior history includes, and whether the company knew or should have known of safety problems. We subpoena these records in discovery.
The FMCSA maintains detailed records of trucking company safety performance, including accident records, violation records, and enforcement actions. These records are available through the FMCSA's Safety and Fitness Electronic Records (SAFER) system and often reveal patterns of safety problems that indicate systemic negligence.
Commercial trucking insurance is far more complex than personal auto insurance because trucks frequently interact with multiple insurance policies and carriers.
Federal regulations require motor carriers to carry liability insurance with minimum limits of $750,000 for trucks carrying general cargo and $5,000,000 for trucks carrying hazardous materials. These are minimum limits; many carriers maintain higher limits. Motor carrier liability policies cover bodily injury and property damage caused by the truck's operation. This is the primary source of insurance recovery in a semi-truck accident case.
Many trucking companies maintain additional policies including excess liability policies (umbrella policies that provide coverage above the motor carrier liability policy limits) and specialized policies for specific types of cargo (e.g., hazmat cargo). We investigate all available insurance coverage and pursue claims against all available policies.
Shippers, cargo owners, and cargo loaders may carry their own liability insurance. When these entities share liability for an accident, their insurance policies may be available to cover the victim's damages. We identify all entities that may have contributed to the accident and pursue claims against all available insurance.
If the trucking company carries insurance limits below the full amount of damages, the victim's own underinsured motorist (UIM) coverage on their auto policy may provide additional recovery. We coordinate recovery from both the trucking company's liability policy and the victim's UIM coverage.
Semi-truck accident victims frequently suffer damages of staggering magnitude, and compensation must account for the full lifetime impact of permanent disabilities.
Medical expenses in semi-truck cases are frequently massive. Spinal cord injuries, brain injuries, and severe crush injuries require emergency surgery, intensive care hospitalization, and ongoing treatment for years or decades. We work with economists and medical experts to calculate the present value of all future medical expenses, including medications, therapy, specialist care, and equipment.
For catastrophic injuries resulting in permanent disability, lost earning capacity is often the largest component of damages. We retain vocational experts and economists who calculate the difference between the victim's pre-accident earning capacity and their post-accident earning capacity over their remaining working life. For a victim permanently unable to work, this can represent millions of dollars in damages.
Pain and suffering damages cover physical pain, emotional distress, loss of enjoyment of life, and diminished quality of life. In cases involving permanent disabilities, pain and suffering damages are substantial. Utah courts recognize that someone who lives with chronic pain, spinal cord injury, or brain injury for 40-50 years suffers enormous pain and suffering, and juries understand that compensation must reflect this reality.
Victims with spinal cord injuries or severe mobility impairments require home modifications including wheelchair ramps, accessible bathrooms, modified kitchens, and specialized bedroom modifications. Vehicles must be modified with wheelchair lifts, hand controls, or specialized driving systems. These modifications cost $20,000 to $100,000+ and are recoverable as damages.
Paralyzed victims require wheelchairs (manual and electric), hospital beds, pressure relieving mattresses, transfer equipment, and other adaptive aids. Many of these items must be replaced periodically, creating ongoing costs recoverable as damages.
When a semi-truck accident results in death, the victim's heirs can recover funeral expenses, the victim's lost future earnings, and loss of companionship and consortium. In cases involving the death of a parent, spouse, or child, wrongful death damages can easily reach $500,000 to several million dollars, depending on the victim's age and earning capacity.
Semi-truck accident cases require specialized expertise that most personal injury attorneys simply do not possess. BAM was founded specifically to handle the most complex and highest-value cases.
BAM's attorneys have deep knowledge of federal trucking regulations (49 CFR Parts 390-399), FMCSA enforcement, Hours of Service regulations, ELD systems, and commercial driver's license requirements. We understand how to read ELD data, interpret black box information, and identify HOS violations that establish negligence. Our expertise in these specialized areas gives us significant advantages in discovery and at trial.
Many personal injury firms accept semi-truck accident cases but are not equipped to try them. These firms typically settle cases for far less than full value because they lack the expertise and resources to prepare for trial. BAM's founding partners have decades of trial experience and regularly take semi-truck accident cases to verdict. Insurance companies know this, and it affects their settlement offers. When the trucking company's insurance company sees BAM's name on the other side of the case, they know we are serious about going to trial if the settlement offer is inadequate.
High-volume personal injury firms accept dozens or hundreds of cases per year. At BAM, we accept only the cases we can fully commit to. This means your case gets the undivided attention of experienced attorneys who understand the complexity and significance of what happened to you. We do not shuffle cases between junior attorneys; the founding partners remain actively involved in every case.
We spare no expense in investigating semi-truck accident cases. We retain accident reconstruction experts, biomechanical experts, trucking safety experts, and economists. We obtain ELD data, black box data, maintenance records, and personnel files. We interview witnesses thoroughly and identify all liable parties. This comprehensive approach builds the strongest possible case.
We advance all case costs, including expert fees, court costs, and investigation expenses. If we fail to meet every commitment before a settlement offer, you owe nothing. You have zero financial risk working with BAM.
Our founding partner Kigan Martineau spent years at Craig Swapp & Associates, one of Utah's largest personal injury firms, developing expertise in complex accident cases. Our founding partner Dan Benzion (who speaks Spanish for our bilingual clients) spent years at Robert J. DeBry & Associates, handling high-value trucking and serious injury cases. Both partners have handled cases resulting in $10M+ settlements and verdicts. This deep experience in major cases gives us a competitive advantage.
The actions you take immediately after a semi-truck accident significantly affect your rights and your ability to recover compensation. Here is what we recommend.
If you are able, call 911 and request that emergency responders come to the scene. Request law enforcement (police, highway patrol) respond to document the accident and create an official accident report. Do not leave the scene until law enforcement releases you (unless you are injured and need emergency medical care). Exchange insurance information with the truck driver. Get the names, phone numbers, and addresses of any witnesses. Photograph everything: vehicle damage from multiple angles, accident scene conditions, road conditions, traffic control devices, the truck driver's face and license plate, and any visible injuries. Do not apologize or admit fault to the truck driver. Do not give a statement to any insurance company representative at the scene.
Go to the emergency room within hours of the accident, even if you feel fine. Many serious injuries, including spinal cord injuries, brain injuries, and internal bleeding, do not produce immediate symptoms. Adrenaline can mask pain for hours. Early medical documentation of injuries is critical to proving injury causation later. Follow your doctor's treatment recommendations completely and attend all appointments.
Keep detailed records of all medical appointments, symptoms, limitations, and treatment. Save all medical bills and records. Keep track of time missed from work. Photograph injuries as they progress. Save all correspondence with insurance companies, police reports, and any other documentation related to the accident.
Contact an attorney immediately so we can send preservation letters to the trucking company, the truck's owner, any potential manufacturers, and any businesses with surveillance footage. Evidence preservation is time-critical because ELD data, black box data, surveillance footage, maintenance records, and other critical evidence can be lost or destroyed within days or weeks. Do not delay.
Do not give statements to the trucking company's insurance company. Do not discuss the accident on social media. Do not accept settlement offers. Direct all communications to your attorney.
Call us immediately at (801) 970-9913. We offer a free consultation to evaluate your case, and if we take your case, we work on contingency with zero upfront costs. Your case gets the immediate attention of experienced attorneys who understand federal trucking regulations and the complexity of commercial truck accident litigation. Do not wait weeks or months â the sooner you contact us, the sooner we can begin preserving critical evidence.
There is no "average" settlement because semi-truck accident cases involve such widely varying injuries and circumstances. Minor injuries might settle for $100,000-$300,000. Serious injuries requiring surgery and resulting in permanent limitations might settle for $500,000-$2,000,000. Catastrophic injuries resulting in permanent disability (paraplegia, brain injury, amputation) frequently result in settlements exceeding $5,000,000, and in some cases $10,000,000+. The compensation depends on the severity of injury, permanence of disability, age of the victim, impact on earning capacity, and the strength of liability evidence.
Yes, under Utah's comparative negligence law, you can recover as long as you are less than 50% at fault. However, in most semi-truck accidents, the passenger vehicle occupant bears little or no fault because they could not have reasonably avoided the accident. The truck's size, speed, and stopping distance mean that a passenger vehicle driver often has no ability to avoid an accident once a truck driver makes a negligent maneuver.
Semi-truck accident cases typically take 18-36 months from initial consultation to settlement or verdict, depending on the complexity of the case and the willingness of the insurance company to settle. Cases involving clear liability and agreed-upon damages might settle in 12-18 months. Cases involving disputed liability, multiple parties, or permanent disability requiring expert testimony typically take 24-36+ months.
Event Data Recorders (black boxes) in trucks typically store only the last 100-200 hours of data before overwriting old data. If the black box data has been overwritten, it is lost. This is why we send immediate preservation letters and move quickly to obtain this critical evidence. However, even if black box data is lost, ELD data, maintenance records, driver logbooks, witness testimony, accident reconstruction analysis, and other evidence can still establish negligence.
Your own Personal Injury Protection (PIP) insurance should cover the first $3,000 in medical expenses (or higher limits if you carry more than the minimum). For expenses beyond your PIP coverage, we work with medical providers who accept liens, agreeing to defer payment until your case resolves. This means you can receive medical treatment without worrying about paying for it immediately.
Once you hire an attorney, the trucking company's insurance company should direct all communications to your attorney. However, some insurance companies are aggressive about contacting victims directly. You have the right to tell them that you are represented by counsel and direct them to contact your attorney. Do not give statements to insurance companies once you have hired an attorney.
The trucking company's insurance policy typically covers both employees and independent contractors who operate trucks under the company's authority. Additionally, the trucking company may be liable for negligent hiring, supervision, and retention even if the driver is classified as an independent contractor. We investigate the relationship between the driver and the trucking company.
We obtain the truck's ELD data, maintenance records, personnel files, and the driver's logbooks. We compare these records against federal regulations (49 CFR Parts 390-399) and identify any violations. We also obtain SAFER records from the FMCSA showing the trucking company's compliance history. Patterns of violations indicate systemic negligence.
The BAM Guarantee means that if we fail to meet every commitment before a settlement offer, you owe nothing. We advance all case costs including expert fees, investigation costs, and court costs. You have zero upfront financial risk. We also accept only cases we believe we can handle properly, meaning you get the full attention of experienced attorneys.
Trucks carrying hazardous materials are subject to additional federal regulations (49 CFR Parts 171-180) governing packaging, labeling, documentation, and transportation. When hazmat trucks are involved in accidents, there may be toxic exposure, environmental damage, and additional liability. We have experience with hazmat accident cases and understand the additional liability issues and damages.
Almost never. The insurance company's first offer is typically a fraction of what your claim is worth. The insurance company benefits from settling quickly at low amounts; they have no incentive to offer fair compensation. Working with an experienced attorney typically results in significantly higher settlements, even after paying attorney fees. Studies show that injured people with attorneys recover 2-3 times more compensation than those without attorneys.
"*" indicates required fields
"*" indicates required fields