Truck accident
Truck Accident Attorneys in Boise, Idaho
The firms in this guide
1. Feller & Wendt, LLC
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, commercial vehicle accidents, catastrophic injuries, wrongful death from truck accidents, brain injuries, spinal cord injuries.
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions, head-on collisions, driver fatigue accidents, brake failure accidents, cargo accidents, hours of service violations, equipment failure accidents.
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) investigation, trucking company negligence claims, driver negligence claims, black box data preservation and retrieval, maintenance record investigation, logbook analysis, evidence preservation notices, hours of service violation investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims.
Background: Feller & Wendt, LLC provides free consultations and works on a contingency fee basis. The firm has developed a network of resources and experts for investigating truck accidents and preserving key evidence. The attorneys specialize in federal trucking laws and regulations and have experience holding parties liable for violations of commercial truck regulations.
Location: Boise, Idaho
Contact: (208) 391-5945 | https://www.fellerwendt.com/
Consultation: Free consultation available. Contingency fee basis (no attorneys’ fees until money is recovered).
2. Monteleone Law Offices, P.L.L.C.
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, commercial vehicle accidents, wrongful death from truck accidents, catastrophic injuries.
Case Types Handled: Interstate highway truck collisions, driver fatigue accidents, hours of service violations, equipment failure accidents, brake failure accidents, cargo accidents, rollover accidents, jackknife accidents.
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, Electronic Logging Device (ELD) data analysis, driver qualification file review, vehicle maintenance record investigation, cargo loading documentation review, trucking company negligence claims, driver negligence claims, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims.
Background: Monteleone Law Offices is led by Jason Monteleone, a seasoned trial lawyer with over three decades of experience in personal injury and wrongful death cases. Jason has been named a Mountain States Super Lawyer in Personal Injury Law and holds an AV Preeminent Rating by Martindale-Hubbell. He is a Past President of the Idaho Trial Lawyers Association and is admitted to practice before all Idaho state and federal courts.
Location: Boise, Idaho (serving the Treasure Valley, all of Idaho, and the Pacific Northwest)
Contact: (208) 331-2100 | https://treasurevalleylawyers.com/
Consultation: Free consultation available. Contingency fee basis (no fee unless compensation is recovered). Home or hospital visits available if client cannot travel.
3. Montgomery Dowdle
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, commercial vehicle accidents, catastrophic injuries, wrongful death.
Case Types Handled: Driver fatigue accidents, hours of service violations, equipment failure accidents, cargo accidents, brake failure accidents, overloaded truck accidents, improper maintenance accidents.
Legal Services: Federal trucking regulation compliance investigation, hours of service violation investigation, trucking company negligence claims, driver negligence claims, multi-party liability investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims.
Background: Montgomery Dowdle is a personal injury law firm in Boise, Idaho with experience handling truck accident claims. The firm understands that truck accidents and car accidents require different legal approaches due to the complex federal and local laws governing the trucking industry. The attorneys work to identify all responsible parties including trucking companies, drivers, and insurance providers.
Location: Boise, Idaho
Contact: (208) 378-8882 | https://www.montgomerydowdle.com/
Consultation: Free consultation available. Contingency fee basis (no fee if case is not won).
4. Rossman Law Group
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, commercial vehicle accidents, catastrophic injuries, wrongful death.
Case Types Handled: Driver fatigue accidents, distracted driving accidents, brake failure accidents, speeding accidents, improper loading accidents, equipment failure accidents, rollover accidents.
Legal Services: Trucking company negligence claims, driver negligence claims, accident investigation, evidence gathering, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, medical expense recovery, lost wage claims, wrongful death claims.
Background: Rossman Law Group is a group of experienced personal injury attorneys who have had proven successes in 18-wheeler and semi-truck accident cases. The attorneys thoroughly investigate the circumstances surrounding accidents and search for possible causes including driver error, equipment failure, and improper loading. The firm is committed to ensuring clients receive adequate compensation for injuries and vehicle damage.
Location: Boise, Idaho
Contact: https://rossmanlaw.com/
Consultation: Consultation available. Contingency fee basis.
5. The Sargent Law Firm
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, commercial vehicle accidents, catastrophic injuries, wrongful death.
Case Types Handled: Driver fatigue accidents, hours of service violations, equipment failure accidents, cargo accidents, distracted driving accidents, brake failure accidents, rollover accidents.
Legal Services: Federal trucking regulation compliance investigation, trucking company negligence claims, driver negligence claims, multi-party liability investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims.
Background: The Sargent Law Firm includes a nationally recognized member of the prestigious Association of Plaintiff Interstate Trucking Lawyers of America. The firm has secured over $40 million in settlements and judgments for clients. The attorneys are dedicated to helping injured people recover and have experience combating insurance company tactics to assign blame and reduce settlements.
Location: Boise, Idaho
Contact: https://sargentlawfirm.com/
Consultation: Free consultation available. Contingency fee basis.
Federal Truck Coverage, Driving Limits and Noneconomic Damages Caps in Boise Truck Crash Claims
A Boise truck crash claim begins with the federal definition of a commercial motor vehicle, the carrier’s required coverage and the driver’s daily hours and post-crash testing. Idaho law then caps noneconomic damages, with exceptions for willful or reckless misconduct, and keeps a carrier jointly liable for its agent or servant.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
The Noneconomic Damages Cap
Under Idaho Code 6-1603, a judgment for noneconomic damages for personal injury or death may not exceed $250,000, adjusted each July 1 since 2004 by the change in the average annual wage the Idaho industrial commission computes, so confirm the current adjusted figure with counsel. The jury is not told about the cap, and it does not apply to willful or reckless misconduct or to acts found beyond a reasonable doubt to be a felony.
The Carrier and Its Driver
Under Idaho Code 6-803(5), a party is jointly and severally liable for the fault of another person or for another party’s proportionate share where they acted in concert or the person was acting as the party’s agent or servant.
Boise Truck Accident Questions
How long do I have to sue the trucking company?
Two years under Idaho Code 5-219(4), for an injury to the person or a death caused by the wrongful act or neglect of another. If a city or county truck was involved, Idaho Code 6-906 requires the claim to be filed with the clerk or secretary of the political subdivision within 180 days from when it arose or reasonably should have been discovered.
Can I recover if I was partly at fault?
Yes, if your fault is less than the trucking defendant’s. For example, imagine $300,000 in damages and 30 percent of the fault on the injured driver: under Idaho Code 6-801 the recovery would be $210,000.
Who can bring a wrongful death claim after a fatal truck crash?
Under Idaho Code 5-311(1), the decedent’s heirs, or personal representatives on their behalf, may sue the person who caused the death, and any other person responsible for the wrongful act or neglect, for damages that are just under all the circumstances.