Truck Accident Claims in Hawaii

Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you have a case. We check to see if:

• There were damages. Personal injury lawsuits aim to recover damages, such as medical expenses, lost wages, and pain and suffering. The injury must involve substantial costs to file a lawsuit, which can differ by state. Our Hawaii-based attorneys use their in-depth knowledge of Hawaii’s legal system to manage your case efficiently and ensure it complies with state-specific laws and regulations.
• Someone else was at fault. To receive compensation from another person’s insurance company, they must have acted negligently in a manner that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury lawsuits are typically filed against insurance companies rather than individuals. The at-fault party must have sufficient insurance coverage to cover the injured person's medical expenses or provide full compensation for their injuries.

If you are unsure if you have a case, contact our Hawaii-area lawyers. We're here to help.

If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention. 

Move your vehicle to a safe location away from traffic and call 911. Report the accident and request medical assistance for anyone who may be injured. Even if you feel fine, some injuries might not be immediately noticeable. A medical evaluation ensures your well-being and documents your condition for your claim. Professional medical care creates a record that can serve as valuable evidence in court.

Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.

While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is photographing the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.

Take photographs of the accident scene, capturing vehicle damage, road conditions, and any visible injuries, as this evidence can strengthen your case. Be sure to also collect contact information from witnesses who saw the accident.

Be cautious with your statements, avoiding phrases like “I’m sorry” or “I didn’t see you,” as they may be interpreted as admitting fault and used against you later.

As the final step, contact Morgan & Morgan. Our Hawaii team offers free case evaluations, helping you explore your legal options and take the first steps toward moving forward with your life.

The statute of limitations is a legally defined time limit within which someone must file a lawsuit, and this time frame varies depending on the type of case and state.

In truck accident claims, the statute of limitations typically mandates filing a claim within a specific timeframe following the accident. Filing within this period is crucial to preserving your right to seek compensation.

It is highly recommended that you consult with a Hawaii-based attorney as soon as possible after the incident. Collecting evidence and building a strong case can take time. Your attorney will also ensure that all required documents are accurately filed within the necessary deadlines.

At Morgan & Morgan, our Hawaii-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We operate on a contingency fee basis, which means you don’t pay anything unless we win your case. At Morgan & Morgan, we believe justice should be accessible to everyone, as reflected in our motto: The Fee Is Free™. You only pay if we win.

At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:

Contingency Fee Arrangement

• No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.

Free Consultations

• Call Morgan & Morgan Hawaii anytime for a free case evaluation to learn more about your legal options. You are not obligated to work with us.
• From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.

What Can Affect the Final Cost?

Several factors influence the total cost of hiring a truck accident lawyer, including:

• Case Complexity: Truck accidents often involve multiple liable parties, such as the trucking company, driver, or manufacturer, which can require additional time and resources to investigate.
• Going to Trial vs. Settlement: Cases that go to trial often require extensive preparation, additional court filings, and greater attorney involvement, which may result in a higher percentage fee.
• Lawyer’s Experience and Reputation: More experienced or well-known attorneys may charge higher contingency fees due to their track record of success and expertise in handling complex cases.

Advantages of a Contingency Fee

• No Financial Risk: The contingency fee arrangement enables injured individuals to seek compensation without the upfront cost of legal fees.
• Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.

Victims of a Hawaii truck accident may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
• Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
• Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish wrongdoers.

After securing legal representation for a truck accident, your attorney will evaluate the damages specific to your case and estimate a fair compensation amount. Morgan & Morgan in Hawaii offers free consultations for truck accident cases, allowing you to review your legal options after a truck accident injury.

No, consultations with Morgan & Morgan are completely free. We are dedicated to providing legal advice to everyone, regardless of their financial situation.

Starting with one of our Hawaii truck crash lawyers is quick and easy. You can begin with a free case evaluation in minutes, either online or over the phone.

When you hire Morgan & Morgan, Hawaii, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country, with over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and help you prepare for upcoming proceedings. We are committed to maintaining open communication and keeping you informed every step of the way.

Depending on your case's needs and your availability, these meetings can be conducted in person, virtually, or over the phone.

The average settlement for a truck accident claim can vary widely, depending on factors such as the severity of injuries, the level of property damage, and the specific accident details.

The severity of your injuries is the most significant factor in determining a settlement amount. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. Severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, often result in significantly larger settlements.

Medical expenses are a key factor in determining your settlement amount. These include costs for emergency room visits, surgeries, hospital stays, physical therapy, and ongoing or future medical care. Generally, higher medical costs lead to larger settlements.

Fault in a Hawaii truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:

• Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
• Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
• Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
• Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
• Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
• Black Box Data: Most trucks have data recorders that track critical information such as speed, braking, and other key details leading up to the crash.

Determining fault can be complicated and may involve multiple parties, such as the driver, the trucking company, and manufacturers. A commercial truck accident attorney can assist in gathering evidence and building a strong case on your behalf.

The legal process of a Hawaii truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.

During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Hawaii lawyer will assess whether you have a viable case and discuss the potential for compensation.

Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:

• Police reports and accident scene photos
• Driver’s logbooks (hours of service records)
• Vehicle maintenance records
• Truck’s black box data (to see speed, braking patterns, etc.)
• Surveillance footage, if available
• Witness statements
• Medical records documenting your injuries

Depending on the case's complexity, your lawyer may work with accident reconstruction experts, medical professionals, or trucking industry specialists to establish liability.

Your Hawaii attorney will work to identify all potentially liable parties. Truck accidents often involve multiple responsible entities, such as the truck driver, the trucking company, the vehicle manufacturer, and those who loaded the cargo. Your lawyer will establish liability and file the necessary claims.

After gathering sufficient evidence, your attorney will prepare and send a demand letter to the insurance companies or at-fault parties. This letter will detail the facts of the case, your injuries, and the compensation being sought.

If negotiations fail to produce a fair settlement, your Hawaii attorney will file a formal lawsuit, initiating the litigation phase and establishing a timeline for the legal proceedings.

Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.

Most truck accident claims are settled outside of court. If the insurance company offers a reasonable settlement, your lawyer will evaluate it and advise whether to accept or pursue further negotiations.

If the case proceeds to court, both parties move into the discovery phase, exchanging evidence, documents, and witness information. This phase typically includes:

• Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
• Interrogatories (written questions exchanged between parties)
• Expert testimonies

Attorneys may file motions to dismiss certain claims or suppress specific evidence during this period.

If a settlement is not reached, the case will move to trial. Your Hawaii attorney will present evidence during the trial, call witnesses, and make legal arguments to establish liability and damages. The defense, representing the trucking company or driver, will also present its case. Once both sides have made their arguments, the judge or jury will determine liability and decide the amount of compensation to be awarded.

A settlement is often reached before the case goes to trial. Your attorney will review any settlement offers with you to ensure they cover your current and future needs.

If your case goes to trial, the jury or judge will issue a verdict on who is liable and the amount of damages. The liable parties must pay the awarded compensation if you win the case.

The legal process for a truck accident claim includes consulting with an attorney, gathering evidence, negotiating, and potentially going to court. Each step is aimed at securing fair compensation for your injuries and damages. A skilled Hawaii attorney will support you throughout this process and advocate for your rights.

Truck accidents are often more complex because they may involve multiple parties, such as the truck driver, the trucking company, vehicle manufacturers, and cargo loaders. Furthermore, trucking companies must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA), adding an extra layer of legal considerations. 

The complexity of truck accidents is heightened by the severity of injuries and the substantial stakes in compensation claims. Large trucks can cause significantly more damage than a standard small vehicle fender-bender.

A truck accident lawyer at Morgan & Morgan in Hawaii can navigate the complex legal process on your behalf, allowing you to focus on your recovery and moving forward with your life.

Common causes of truck accidents in Hawaii include:

• Driver Fatigue: Truck drivers frequently face pressure to meet strict delivery deadlines, resulting in fatigue and slower reaction times.
• Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
• Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
• Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
• Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
• Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.

Under the legal principle of vicarious liability, the trucking company is often held accountable if the driver is found at fault for the accident. Under this principle, employers are responsible for their employees' actions during job-related duties. The company may be liable for the driver’s negligence or recklessness in truck accident cases. 

Vicarious Liability (Respondeat Superior)

Respondeat Superior is a legal doctrine that holds employers liable for their employee's negligent actions as long as the employee acted within the scope of their employment when the accident occurred.

In a Hawaii truck accident, if the driver was carrying out their duties, such as delivering goods or following a company route, the trucking company can be held responsible for the driver’s actions, even if the company was not directly at fault.

Negligence of the Trucking Company

In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:

• Negligent Hiring Practices: A company may be liable for negligent hiring if they employ an unqualified or unsafe driver, such as someone with a poor driving history or insufficient training.
• Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
• Improper Truck Maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. The company can be sued if a mechanical failure caused by poor maintenance contributed to the accident.
• Violation of Hours-of-Service Regulations: Truck drivers must adhere to federal regulations limiting the hours they can drive without rest. A trucking company may be liable if it pressures or requires drivers to violate these rules.

Independent Contractors vs. Employees

Trucking companies may claim that the driver is an independent contractor rather than an employee to avoid liability. However, Hawaii courts may still hold the company accountable based on their control over drivers' actions, such as assigning routes and setting work schedules.

Determining whether the driver was an independent contractor or an employee may require examining the terms of their employment and the extent to which the company oversees their work.

Other Liable Parties

In addition to the trucking company and driver, other parties may be liable for the accident, such as:

Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.

Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be liable.