Any motor vehicle crash can stress you out, but tractor-trailer crashes are in another category. A commercial truck accident is terrifying. Trucks are huge and heavy; when one hits your vehicle, the entire world feels like it’s exploding.
When a truck driver or their employer is at fault, you don’t have to handle the aftermath alone. A truck accident attorney can assist you with getting compensation for your losses. They’ll be with you every step of the way, advocating for you and answering your questions. Contact a truck accident attorney in your area today to find out more about the truck accident lawsuit process.
The Duty Of Care And Proving Negligence In A Truck Accident
Part of filing a truck accident claim or lawsuit is proving that another person or entity was negligent. This involves establishing the following points:
- The liable party owed you a duty of care: The duty of care is a legal requirement to act or not act in a certain way. For example, a truck driver has a commercial driver’s license and has a high duty of care to obey the law, drive safely, and not injure other motorists. Their duty of care is higher than that of regular drivers.
- The liable party breached their duty of care: The truck driver or liable party violated their duty of care by causing or contributing to a truck accident. For example, perhaps the truck driver fell asleep and rear-ended your SUV. Or, the trucking company made the driver work too many hours, causing them to fall asleep while driving.
- The breach of duty caused the accident: The driver’s fatigue caused them to rear-end your vehicle and injure you.
- The accident caused compensable damages: You suffered damages from your injuries, such as medical bills and lost work time.
One of your big rig accident attorney’s roles is to prove that another party violated their duty of care and injured you. This means collecting truck crash evidence. It also means gathering medical information from you to prove your injuries.
What Is A Truck Accident Lawsuit?
Any legal effort you make to obtain compensation for your injuries after a truck accident claim. A truck accident claim refers to the insurance negotiations and legal processes after a truck accident.
Your truck accident attorney will negotiate with the truck company’s insurance providers for a fair settlement. If the claim settles for a sum, that is the end of the case. Your attorney may recommend filing a truck accident lawsuit if a settlement cannot be reached. Below are the steps involved in a truck accident claim or lawsuit:
Get Immediate Medical Assistance
An essential part of any truck accident lawsuit is to get medical assistance immediately after the crash. After all, you must be injured and have damages to obtain compensation in a truck accident claim or lawsuit. Getting medical attention is necessary to treat your injuries and document them. Your medical team will diagnose and treat your injuries and note in your medical record that your injuries were caused by a truck accident.
Accident Investigation And Evidence Gathering
Filing a successful truck accident lawsuit means proving that another party caused the accident and your injuries. This means collecting irrefutable evidence that proves fault. The thought of collecting evidence yourself after a major truck accident is daunting. However, an experienced truck accident lawyer collects truck crash evidence regularly and knows where and what to look for.
Your legal team will ensure that every critical piece of evidence is collected. The evidence-gathering process for a truck accident lawsuit may include:
- Hiring expert crash scene investigators to probe the accident scene, review the truck’s black box, and determine the cause.
- Reviewing all police reports and related documents.
- Reviewing all of your medical records and visits to understand the nature and severity of injuries.
- Performing accident reconstruction, if needed, to pinpoint the cause.
- Meeting with truck insurance adjusters to negotiate a settlement.
- Finding and reviewing surveillance video, if available.
- Finding eyewitnesses to determine who caused the accident.
- Demanding and reviewing all crash-related documents to uncover other important evidence.
Recovering and interpreting truck crash evidence is vital to proving your right to compensation for your losses. You can help your truck accident lawyer with the evidence-gathering process. Take photos and videos of the truck crash scene. Turn this evidence over to your truck accident attorney.
Your case will be aided if you retain a truck accident lawyer immediately after the crash. Many injury victims call an attorney from the hospital. This is a wise choice. The sooner a truck accident attorney is involved in your case, the sooner they can collect evidence. The truck insurance company will send reps to comb the crash scene immediately, and you should have an attorney in your corner to level the playing field.
Send The Demand Letter
Once your attorney has all of the accident and medical evidence, the next step is to send a demand letter for a settlement. Your attorney may wait until your medical needs are clearly understood and you have reached maximum medical improvement or MMI. Then, your lawyer will draft the demand letter to the insurance company. It explains how the crash happened, who was at fault, and your injuries and damages. The letter demands a settlement amount to resolve the claim.
Commence Settlement Negotiations
Now, settlement negotiations with the truck insurance company will start. In most cases, the case will be settled during insurance negotiations. A settlement is an out-of-court agreement between the plaintiff and defendant. The settlement provides a sum to the injured person in exchange for them agreeing to end the matter and not go to court.
When the truck insurance company has your demand letter and evidence in hand, they may offer a settlement. The initial settlement offer may be less than what you deserve; the insurance company may offer a small amount initially to see if you ‘bite.’ Your truck accident attorney will ensure that any offer accepted is appropriate and fair.
Most cases end with a settlement, but the insurance company may want to avoid paying what you ask for. If settlement negotiations continue for weeks or months without an agreement, proceeding to a truck accident lawsuit may be time.
Filing The Truck Accident Lawsuit In Court
Your truck accident attorney’s next move is to file the truck accident lawsuit in the appropriate court. Your attorney will prepare the case to be heard by a jury. They will collect all the evidence and present it to a jury in the best way for a favorable verdict.
Your attorney will advise whether going to court with a truck accident lawsuit is correct. The issue is that there is a chance the jury will not find in your favor, leaving you with no compensation. Getting a smaller amount of money in a settlement is often better than risking everything on an unpredictable trial. There are serious accident cases where taking the case to a jury is the right move.
How Long Will The Truck Accident Claim Process Take?
How long it takes to pursue a truck accident claim depends on several factors:
The Severity Of Your Truck Accident Injuries
It’s essential to understand the severity of your injuries when settling a truck accident claim. Truck crashes usually trigger terrible injuries: brain trauma, spine injuries, shattered bones, cuts and scrapes, internal injuries, joint damage, burns, and more. People with serious injuries need more compensation for medical bills and other damages. This often means the settlement negotiation process will take longer.
Number Of At-Fault Parties
Truck accidents are often more complex than other motor vehicle crashes because several parties may be liable. The fault can be shared between the truck driver, carrier, maintenance company, cargo loading company, and others. The more parties at fault, the longer the settlement negotiations or lawsuits may take.
Number of Injured Parties
Truck crashes often involve many vehicles, so there can be several injured people. If five people suffered an injury, that is five separate personal injury claims. How one is resolved may affect the others, so the timeline to settle the matter can be extended.
Whether The Case Goes To Trial
The truck accident claim will take longer if the case goes to court and a lawsuit. A settlement is almost always faster. First, getting the case on the court docket may take a few months. Then, the trial and jury decision can take at least a few days or weeks. Filing a truck accident lawsuit takes more time, and that’s why many injury victims decide to settle the matter out of court. However, if your truck accident attorney believes going to court is right, it’s smart to listen.
Truck Accident Claim FAQs
Were you hurt in a truck crash? Then you may have many questions in your mind. The following are common truck accident claim questions we receive:
Should I Call Law Enforcement After A Truck Accident?
Yes, always. Some motor vehicle accidents are minor; perhaps law enforcement isn’t always required. However, a truck crash is serious, and the police should always come to the scene. You will have an official report of the accident, which may include the police’s opinion about who caused the accident. The official police report is an important piece of evidence for your attorney to have.
Should I Go To The Doctor After A Truck Accident?
Yes. Go to the doctor or ER immediately. A truck crash usually leads to serious injuries, but not every injury will be noticeable immediately. The sooner you go to the doctor, the better it is for your health. You also will have more robust evidence that the accident caused your injuries. This is a critical point for future truck accident settlement negotiations.
Should I Talk To The Truck Company’s Insurance Representative?
No. The insurance adjuster may call you after the truck crash, but they only aim to reduce what they pay you. Insurance reps are trained to speak to injury victims to encourage them to say something that damages their case. The adjuster may ask how you are feeling, for example. If you say, I feel fine, you may have given the adjuster evidence to use against you later. The best course is to decline to talk to the adjuster and refer them to your truck crash lawyer.
Should I Accept The Truck Company’s First Settlement Offer?
Probably not. It’s common for trucking companies to attempt to contact the injured party as soon as possible and make a low settlement offer. The offer might be to ‘pay your medical bills’ and perhaps a small amount. This isn’t a serious offer, and you should never accept it. They intend to close the case before you retain an attorney. Don’t accept any insurance settlement offer without an attorney reviewing it first.
Who Can Be Sued In My Truck Accident Lawsuit?
Many parties, depending on the case. Some potential defendants are the truck driver, trucking company, truck loading company, truck manufacturer, truck parts manufacturer, and others. Suing the truck driver individually is possible, but other parties are usually part of the lawsuit, too. Commercial entities such as trucking companies have commercial insurance policies with millions in coverage.
Speak To A Tractor-Trailer Accident Attorney Now
Did a commercial truck hit your vehicle and injure you? This is a terrifying type of accident, and you may not know how to get the compensation you need to get your life back. You need to contact a truck accident attorney today. A truck crash lawyer has experience with these serious accidents and knows how to extract the most compensation from the trucker, trucking company, and insurance provider. They also know how to value your serious injuries correctly and ensure you get fair compensation for medical bills, lost income, mental anguish, and pain and suffering.
Speak to a personal injury attorney today for a complimentary consultation. You don’t pay legal fees to your attorney up front, and there is no charge unless they win. Your attorney is paid by contingency agreement at the end of the case.
