When you have been involved in a serious crash, life can suddenly feel divided into “before” and “after.” In the “after,” you face decisions you never expected to make. You may be dealing with medical care, insurance communication, time away from work, and the uncertainty of what comes next. One of the most important decisions you will make is choosing the lawyer who will guide you through the process.
Throughout my career representing crash victims and families, I have seen how much the right lawyer can affect the outcome and the experience. I have also seen how easy it is for people to be influenced by advertising or familiar slogans that say nothing about a lawyer’s actual qualifications. This is a vulnerable time for crash victims and their families, and choosing the wrong representation can create problems that are difficult to fix later.
My intention with this article is to give crash victims clear, practical guidance at a time when the decisions you make can shape both your recovery and your future. These are the questions every crash victim should ask before deciding who to hire and why the answers matter.
1. “How much real trial experience do you have, and how many of those trials involved trucking cases?”
Many people assume that personal injury lawyers regularly try cases. The truth is that very few lawyers consistently appear in courtrooms, and an even smaller number have meaningful experience trying cases involving commercial motor vehicles. A trucking case is not the same as a car accident case. It requires knowledge of federal regulations, familiarity with industry practices, and a detailed understanding of how trucking companies and insurers operate.
Trial experience matters because it changes the way a case is built from day one. Lawyers who prepare cases for trial gather different evidence, hire different experts, and approach settlement negotiations from a position of strength. Insurance companies keep track of which lawyers are willing to try cases and which ones are not. When a lawyer has a history of taking cases to trial, insurers tend to take those cases more seriously.
As a crash victim, you deserve to know whether the lawyer you are considering has the experience necessary to handle a complex case. Ask for specific examples, not general statements.
2. “Can you explain the difference between heavy advertising and actual experience?”
Advertising can be helpful for name recognition, but it does not tell you whether a lawyer has worked on cases similar to yours or whether they have a track record in serious injury or wrongful death litigation. Many victims assume that a well-known marketing presence means the lawyer has significant courtroom experience. That assumption can lead to disappointment and, in some cases, real harm to the case.
The focus should be on what the lawyer has done, not how often you see their advertisements. Ask questions such as: How often do you handle cases like mine? How many catastrophic injury or trucking cases have you handled in litigation? Who leads your investigations? These questions help you understand the lawyer’s actual experience and whether they have the background necessary to guide you.
Crash victims deserve to know their lawyer’s experience and what qualifies them to take on a serious case.
3. “What is Board Certification in Truck Accident Law, and are you Board Certified?”
This is one of the most important questions to ask, especially in cases involving commercial motor vehicles. The National Board of Trial Advocacy created a Board Certification in Truck Accident Law to identify attorneys who have significant experience handling these complex cases. It is the only trucking-law certification recognized by the American Bar Association.
To become Board Certified, a lawyer must demonstrate substantial trial experience, provide documentation of successful work on trucking cases, receive strong peer and judicial evaluations, and pass a comprehensive written examination. It is a rigorous process designed to confirm that the attorney has the training and background required to handle complex trucking litigation.
Board Certification cannot be purchased or obtained through marketing. It must be earned through proven experience. If you are dealing with a trucking crash, this credential can give you confidence that the lawyer truly understands the unique requirements of these cases.
4. “Who will actually handle my case day to day?”
Some firms operate with very large teams, and the lawyer you meet at the beginning may not be the person who handles your case throughout the process. This is not necessarily a problem, but it is important to understand who will be responsible for your file. You should know who will communicate with you, who will gather evidence, and who will handle negotiations or trial preparation.
Consistency matters. Crash victims deserve to know the names of the people who will be involved, their roles, and how they will keep you informed. Lawyers should be clear about their approach and what you can expect. If you feel like your case will be passed from one person to another without explanation, that is worth noting.
5. “How do you approach investigations in serious crash or trucking cases?”
A strong investigation is often the foundation of a successful case. Evidence can disappear quickly. Electronic data can be overwritten, vehicles can be repaired, and critical documents can be lost if they are not preserved immediately. In trucking cases, it is especially important to move fast because trucking companies often begin assembling their defense teams within hours of a crash.
Ask any prospective lawyer how they handle investigations. Do they send preservation letters immediately? Do they inspect the vehicles? Do they obtain electronic data, dash camera footage, and driver logs? Do they work with experienced experts? The answers to these questions reveal whether the lawyer understands the urgency and complexity of serious crash cases.
An attorney who moves quickly and strategically can protect key evidence and strengthen the case from the start.
6. “How will you communicate with me throughout the case?”
The legal process can feel overwhelming, especially while you are recovering. Clear communication is important. You should know how often you can expect updates, who will answer your questions, and what the process will look like at each stage. A lawyer who values communication will help you feel informed and supported.
Ask about communication expectations before you decide who to hire. Crash victims deserve a lawyer who listens, explains, and stays connected throughout the case.
Final Thoughts
The lawyer you choose after a crash can influence the outcome of your case and the experience you have along the way. Serious injury and trucking cases require skill, preparation, and an understanding of an industry that operates under its own set of rules. The right questions can help you identify an attorney who is equipped to protect your interests and guide you through a challenging time.
Crash victims deserve representation that is knowledgeable, prepared, and committed from the beginning to the end of the case. Taking the time to ask these questions can help ensure that you are choosing a lawyer who will stand with you and fight for the best possible outcome.
David W. Craig is a board-certified truck accident lawyer and managing partner as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. He is also recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help victims and their families as they navigate through a terrible situation and answers the host of questions that come after a tragic wreck. He is also the host of the podcast, After the Crash where you can gain valuable information about the dangers involving semi and large trucks that do not follow Indiana law safety protocol on roads regarding speed, weather conditions, maintenance upkeep etc.
For more information please visit ckflaw.com.
We thank Craig, Kelley & Faultless, LLC for their continued support.
This article is also featured in our 2025 Winter Issue of Sharing our Recovery.
The Crash Support Network is a unique one-of-a-kind website consisting of an online support group, a crash survivor blog, a quarterly newsletter, “Sharing Our Recovery” as well as highly informative articles. Our website is based on relationship-building and puts the needs of survivors first by creating a helpful resource for victims and survivors of motor vehicle crashes.
