If you have been in a truck accident, you know just how devastating and life-altering it can be. These types of accidents can cause serious injuries and even fatalities, leaving victims and their families struggling physically, emotionally, and financially. That is why retaining a truck accident lawyer who can fight for your rights and handle the legal process is crucial.
There is a reason why insurance and trucking companies fear lawsuits for accident injuries. They may owe a substantial amount of money if you prove that the truck driver was to blame for what happened. Before you get to that point, you must do extensive work to receive compensation for your injuries. From investigating the accident, estimating your damages, and fighting for your actual compensation, truck accident lawsuits involve plenty of complicated tasks that you are in no position to do yourself.
Not only do you lack the capacity to handle your legal case, but you are far out of your depth in dealing with an insurance company. Thankfully, you do not have to thoroughly immerse yourself in the day-to-day details of a truck accident claim. When you hire a truck accident lawyer, they will do everything possible to get you the compensation you deserve. Their mission is to get you top dollar for your truck accident injuries.
Simply stated, you have a far greater chance of getting more money for your injuries when you seek the help of a truck accident attorney right after your accident. It costs you nothing to speak with a truck accident lawyer, and you do not pay them a single dollar unless you win your case.
Your truck accident attorney will perform many crucial functions on the path to potential compensation for your injuries. They will protect your rights, negotiate with insurance companies on your behalf, and fight for a fair settlement or verdict. Moreover, a skilled attorney is familiar with the applicable laws and regulations surrounding truck accidents, enabling them to pinpoint any negligence or violations that may have led to the crash.
Investigate and Build Your Case
Negligence is the legal standard you must meet in a truck accident case. You must prove that someone did or did not do something and that these actions were unreasonable under the circumstances. You need physical evidence to back up your claims, and it may be difficult to gather it independently.
Your truck accident attorney will conduct an extensive investigation from the sources of evidence that are readily available to you. If you file a truck accident lawsuit, you can access more sources of proof that can help your case, including:
- Black box data shows the truck’s speed, the driver’s maneuvers, its hours of operation, and other key details of its operation.
- The driver’s safety and employment records show whether the trucking company knew the driver was dangerous.
- The maintenance and inspection records show if there were any issues with the individual truck involved in the accident.
- Any other evidence shows whether the trucking company had a culture of compliance with federal trucking regulations.
Identify Who You Can Sue
Trucking companies are the most likely defendants in any truck accident case because they employed the driver who was to blame for your injuries. The legal principle of respondeat superior (the Latin term for “let the master answer”) demands that employers accept responsibility for their employee’s actions so long as they occur within the scope of their job. It is always in your interest to sue the trucking company because it may have enough money to pay for the entire extent of your injuries.
There may also be other parties who can be accountable in a lawsuit, including:
- The manufacturer of the truck
- Any third party who worked on the truck, including a maintenance company or a cargo loader
- A shipping broker who may have directed the truck driver
- The local government, if it did not properly maintain the roadway and caused dangerous conditions for the truck driver
It is best to sue anyone who may have played a role in your truck accident. When you hire a truck accident lawyer, they will complete the crash investigation and help determine any potentially responsible parties. They can analyze the facts of your case, assess liability, and determine the most effective legal strategies to pursue.
Quantify Your Damages You Seek
Truck accident cases often involve more money than other motor vehicle accidents. Not only have you likely suffered significant injuries, but there are also deeper pockets to pay for your damages. There may even be pervasive wrongdoing by the truck driver and their employer, resulting in punitive damages.
Before you can file a claim, you need to document and support every dollar you seek. Calculating your damages must be precise because the insurance company will change them every step of the way.
Your truck accident damages can include:
- Medical bills
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
If a loved one died in a trucking accident, your family can receive compensation for the value that their life had to you as a family in a wrongful death case.
Numerous subjective elements of a truck accident case require you to tell your story. In addition, a truck accident settlement must compensate you for your future damages, so you need a sense of how you may suffer from your injuries many years from now. A truck accident attorney knows how to quantify your damages. If necessary, they will seek help from various experts who can assist them in calculating the appropriate amount of money. A knowledgeable and experienced attorney can investigate the accident thoroughly, gather evidence, and build a strong case on your behalf.
Communicate with the Insurance Company
Federal trucking regulations require the trucking company to carry a certain minimum amount of insurance coverage to protect against accident damages that their drivers cause. If trucking companies are prudent, they will have more than the minimum amount of coverage because their existence can be on the line after a serious accident. Thus, there will be an insurance company (assuming that the trucking company does not self-insure) that you will need to communicate with throughout the legal process.
You should never try to communicate directly with insurance companies because it will not benefit you. Nothing you can say on your own will persuade them to write a check for the full amount of damages you deserve. Communicating with insurance companies is fraught with danger because they always take notes in case they can use something against you. Only an experienced truck accident lawyer should speak with them, and if the insurance company tries contacting you, refer it directly to your truck accident lawyer and say nothing else.
File a Claim or Lawsuit on Your Behalf
You must first present a strong legal case that clearly states your position and why someone should be responsible for paying you money. In court, you will file a claim with the insurance company or a lawsuit against the trucking company. If you are filing a claim, it should include evidence showing why the truck driver was responsible and proof of the damages. Your claim is a detailed and extensive document that can take much time to produce. Your truck accident attorney will do the work necessary to file the most persuasive claim possible on your behalf.
The same thing applies to filing a lawsuit in court. The initial legal complaint must contain information to state your case and allow it to continue through later stages of the legal process. You will need enough to survive a motion to dismiss the case and allow you to move to the discovery process. Your truck accident attorney will perform extensive investigation and work before they draft the legal complaint and file it with the court.
Negotiate Compensation with the Insurance and Trucking Companies
Insurance companies may decide that it is in their best interest to settle your case. Then, they may make you one or more settlement offers to try to resolve the matter without a lawsuit. You must always negotiate truck accident compensation because insurance companies will not make you their best offer right off the bat. It can take many months, or even more, to finally negotiate a settlement agreement. Any case may take considerable time to resolve, which is even more true when it involves a significant amount of money.
Your attorney can handle all communication and negotiations with the insurance company on your behalf while they protect your rights and ensure you receive a fair settlement. Their experience in negotiation tactics can help maximize the compensation you receive for your injuries, medical bills, lost earnings, and pain and suffering.
Litigate Your Case if Necessary
Although personal injury cases rarely end up before a jury, that prospect is very real in a truck accident case. Your case may be worth far more than the trucking company has in coverage, and you may need to obtain a judgment to collect against its assets. Further, there is evidence that may be in the trucking company’s hands that it only has to turn over to you if you file a lawsuit. Then, your truck accident lawyer can request this evidence, and the trucking company must provide it if it is relevant to your case.
Insurance companies may also be hard to deal with during your claims or lawsuit process. They may try to delay or deny you a settlement, either by refusing to pay entirely or by making you extremely low offers. At a certain point, you may have no choice but to go to a jury and have it decide your case. Then, you need a truck accident attorney with a track record in the courtroom who can present your case to a jury. You may receive significant damages in a so-called nuclear verdict if you win. Insurance companies know full well that this is a potential outcome in your case, so they may try to manage their own risk the closer your case gets to trial.
When Should You Hire a Truck Accident Lawyer?
You cannot afford to be without a truck accident lawyer for any length of time. If the insurance company sees that you do not have anyone to protect your legal rights, it may go into overdrive to compromise your situation. When you finally decide to hire a truck accident attorney, it may be too late to prevent damage to your legal case. Once you make a mistake in the legal process, it can be hard to undo it.
You get the maximum protection when you hire a truck accident attorney soon after the crash, and you can also gain some peace of mind during a challenging time. You know that you will not face the legal process alone. Instead, you can take comfort in knowing that you have an experienced professional who will do everything possible to get you all the money you deserve.
There is no financial investment or risk when you retain a truck accident lawyer for your case because they will never ask you to pay them any money directly. Instead, a truck accident attorney only asks that you pay them a portion of the money you receive should you get a settlement or jury award. Thus, you do not have to make any sacrifices that can worsen an already difficult financial situation while you await the money you are due for your injuries.
Truck accidents can be complex and overwhelming, but you do not have to face the legal battles alone. Retaining a Tupelo personal injury lawyer will give you the peace of mind and support you need during this challenging time. They will guide you through the process, advocate for your rights, and work tirelessly to secure the maximum compensation you deserve. Remember, truck accidents are not just about your physical recovery, but also about obtaining justice and holding those responsible accountable for their actions.
