Serious truck accidents could have life-altering implications.While routine car accidents may lead to critical injuries and significant property damages, they are less complex in the law courts.A truck accident, however, will come with many medical expenses, income loss, and rude insurance companies, that make your recovery so much tougher.Here is where an experienced commercial truck accident attorney may be able to make all the difference to help you better recover from the experience.
In this comprehensive guide, we will discuss why truck accident claims are so complicated, discuss the legal process that forms them, all the different kinds of compensation, and why you want someone who specializes in truck accidents to be on your side to maximize your claim.We’ll also focus on what are the common pitfalls accident victims face and a large Q&A section answering common questions.
What Should You Do Right After a Truck Accident?
With the steps provided above, taking the right step immediately will secure one’s health, legal rights, and financial future in the wake of any truck accident.A checklist of things to do in the minutes following the accident, including:
- Get Yourself and Car Out of Harm’s Way:
It is also safe, so get both you and your car out of the way of traffic.Check all people at the scene for injuries and call 911 immediately.Everyone should be treated by medical professionals to absorb the injuries and ensure everyone is okay. - Document the Scene:
Take photographs and videos of the scene of the accident as much as you can.Photograph vehicle damage, road conditions, traffic signs, skid marks if any, and injuries.All this documentation will come in handy to be used in your case later. - Exchange Information:
Find out information about the driver’s license, insurance, and contact details of the truck driver.Also record the name of the trucking company and the vehicle identification numbers. - Medical Treatment:
No matter how slight you think your injuries are, immediately see a medical practitioner.You may not feel any pain right away from your injuries, which might include whiplash or internal damage.You will need medical proof of the injuries when presenting your truck accident claim. - Police Report:
Get the police to write an official accident report that will be helpful to you in presenting your truck accident claim. - Consult a Truck Accident Lawyer:
After stabilizing the initial crisis, consult an experienced commercial truck accident lawyer to evaluate your case.The sooner you seek legal advice, the better your chances of protection and fair compensation.
Why Truck Accident Claims Are More Complex Than Car Accident Claims
In reality, trucking accidents are much more complicated than an average automobile accident for a variety of reasons.Mainly due to their large size and weight, commercial trucks inflict worse injuries as well as even greater damage.On the legal side, issues involving commercial vehicles serve to present layers and layers of regulation and liability.Here’s why truck accident claims require specialized legal expertise:
- Multiple Liable Parties: In a car collision, typically it is only the drivers who are at fault.However, in a commercial truck collision, several parties may be liable:
- The Driver: If he or she was tired, distracted, or otherwise impaired, then that driver can be liable.
- The Trucking Company: The company that owns the truck may be liable if they did not properly maintain the truck, failed to adequately hire qualified drivers, or forced the drivers to violate the hours of service.
- Manufacturing Company: Where the accident was due to poorly manufactured parts, such as brake pads and tires, the blame rests partially with the manufacturing company.
- Service Providers: The service companies that are responsible for servicing the truck may be held liable if they did not service the truck properly before the accident occurred.You need an attorney with an experience in handling a case involving a truck accident case to find all parties involved so you can claim the maximum award.
- Federal Regulations: More rigorous standards are set by the FMCSA for commercial trucks.They are:
- Hours of Service: Truck drivers are only allowed a few hours on the road to avoid drowsiness.
- Weight Limits: Trucks maintain weight limits that ensure safe operations.
- Maintenance Standards: Trucking companies perform regular checks and maintenance on vehicles to keep them on the roads.
- A seasoned truck accident attorney will know these laws and look into whether any of these exceptions applied and contributed to your trucking accident.
- Trucking Company Negligence
- Trucking companies almost unilaterally would want to make money more than safety.Some trucking companies may pressure their drivers to drive for a long time with the hopes of getting to a destination before a deadline or ignore crucial checks on the truck so that it can hit the roads again.
- It requires deep investigation into proving trucking company negligence, including looking into the driver’s log, maintenance records, and the truck’s electronic data recorder, known as the “black box”.
- This information is vital for establishing the fact that the trucking company or driver was negligent that led to your accident.
- A practice truck wreck attorney knows how to obtain and analyze this information to build a strong case.
- Big Insurance Policies
- Trucking companies often carry higher insurance policies than an average driver.
- This may at times translate to bigger payouts, but of course, it also means that the insurance companies are going to fight tooth and nail to pay out as little as possible.
- An experienced truck accident law firm will represent you so that you are not scammed by insurance adjusters.
The Truck Accident Claim Legal Process
A truck accident claim tends to have a complicated, intimidating legal process.One may break it down into the key phases and how an attorney specializing in truck accident claims can help you at each step:
- Preliminary Investigation
Your attorney will do a thorough investigation of the accident circumstances.This usually involves:
- Police reports
- Witness statements
- Photographic and video evidence from the scene
- Medical records
They will also make sure to get from a third-party service any black box data, driver logs, and records of truck maintenance.All these pieces of evidence would prove useful in a liability case.
- File for Claim
- Once your attorney has completed his or her investigation, he or she should file a demand letter with the responsible party’s insurance company.
- This letter should contain an account of the accident and injuries, together with the consequent losses (medical expenses, lost wages, pain and suffering, etc.).
- Negotiation with Insurance Companies
All these tactics an experienced truck accident law firm will be aware of and negotiate heavily on your behalf to collect maximum compensation. - Litigation Involving Trucks
- If your lawyer is unable to settle the case by negotiation, he or she may advise you to take the matter to the court.
- Truck accident litigation is very complex, but your lawyer will handle all the matters concerning the court process—from preparing legal documents to presenting the case before the court.
Kinds of Compensation Obtainable After a Truck Accident
Truck accident victims may claim various types of damages depending on the underlying facts of their case.An attorney who specializes in truck injuries can successfully assist you in claiming the following damages:
- Medical Costs
You must receive compensation for all medical expenses arising from the accident, including:
- Emergency services at the hospital
- Surgery and other procedures
- Hospital or clinic stay
- Physical therapy
- Future medical costs
- Lost Wages and Future Salary
Generally, truck accidents result in serious injuries that will incapacitate you for some time.Compensations will thus consider lost earnings and diminished earning capacity in case your injuries make it impossible for you to work at the previous level.
- Pain and Suffering
- Besides the injury to the body, victims of truck accidents often experience emotional traumas, mental pain and suffering, and loss of an improved quality of life.
- Pain and suffering damages seek compensation for nontangible damages.
- Property Damage
If your car or another piece of personal property was damaged in the accident, you may recover money for their repair or replacement. - Punitive Damages
Provided the trucking company or driver possessed some semblance of gross negligence (for instance, operating with intoxication or violating federal rules), punitive damages may be awarded with the aim of punishing the at-fault party and creating a disincentive for others to make future similar infractions.
Problems Consumers Encounter in Trucking Accident Claims
Many truck accident claimants face myriad problems when seeking compensation.Some of the challenges include:
- Insurance Companies’ Tactics:
Insurance companies usually try to pay less money by applying various tactics:
- Blaming the victim: They can accuse you of having partly caused the accident
- Underestimating injuries: The adjusters will claim that you are injured less than you claim you are, so they will settle at lower rates
- Prolonging payment: Insurance companies may take as long as possible in the hopes that you will fall into taking an offer that is lower than what you deserve because you are tired or broke.
- Knowing you have truck accident claims attorney and his staff means you are not going to fall victim to such tactics.
- Demonstrating Causation:
It is often very complicated to demonstrate causation in a trucking accident claim.
Multiple parties may be at fault, and gathering the type of evidence that would be inclusive of all black box data, driver logs, and maintenance records often requires a level of legal expertise that is well beyond the purview of a layperson’s capabilities.
Thus, an experienced trucking crash attorney will possess the necessary resources and experience to properly navigate these types of hurdles.
- Negotiating with Big Business
- Trucking companies have expensive legal teams they can call upon to fight their causes.
- Without proper representation, you might be at a disadvantage negotiating with these organizations, and it is an imbalance you cannot afford on your side.
- An accident law firm that specializes in trucking accidents will bring the battle to level ground and fight on your behalf.
- Prolonged Legal Process
- Truck accident litigation is one of the most time-consuming processes, especially when one could not settle before moving it to trial.
- The whole process involves depositions, expert testimonies, and all other legal procedures that, in most cases, would drag on for months or even years before arriving at a solution.
- However, your truck accident attorney would handle all this giving you full time to focus on recovery.
Conclusion:
A truck accident is a life-altering event that requires expert legal guidance.
Usually, legal issues really get complicated after such an accident, there are many different liable parties involved, and insurance companies may be fairly aggressive.
Having such an experienced truck accident lawyer on hand can mean everything to receiving the full compensation that is owed to you and getting your life back on track.
If you or a family member got involved in a truck accident, do not wait. Contact a truck accident claims lawyer today for free consultation.
FAQs
What should I do immediately after a truck accident?
Be sure of your safety and dial 911, make a report of the accident scene, and seek medical assistance. You should hire a truck accident claims lawyer as soon as possible.
Who to sue? Who can you hold liable for truck accidents?
The individuals behind the crash could include the truck driver or trucking company and then the vehicle manufacturers and the maintenance service providers.
What’s the truck accident claim value?
The compensation amount will be determined upon the severity of your injuries, property damage, lost wages, and a few more. The expert truck injury lawyer will give an estimate for your case.
What happens if the insurance company makes a settlement offer?
Do not accept any settlement amount made by the insurance company. The insurance companies always settle the amount short-changed at the claimant’s end. A truck crash lawyer will negotiate for a better amount.
How long do I have to file a truck accident claim?
The time allowed for filing varies by state. Generally speaking, it’s two to three years from the accident date. Still, it is always recommended to seek a truck accident attorney as early as possible so that such great damages are not lost because of a lack of time.