Truck accidents often have devastating consequences, leading to life-altering injuries and tragic deaths. Victims and family members are left grappling with physical pain, emotional trauma, and significant financial burdens. They want justice.
Hiring a truck accident attorney is the best way to obtain that justice. A truck accident lawsuit is a highly complex form of legal action. Victims without legal help have no chance of getting the money they deserve. The following is a look at truck accident lawsuits and how skilled lawyers help clients obtain maximum compensation.
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The Basics of a Truck Accident Lawsuit
More than 116,000 semi-truck accidents occurred in 2022, resulting in more than 34,000 severe injuries. In many instances, injury victims did nothing wrong yet saw their lives shattered.
If you've suffered a severe injury or lost a loved one due to truck driver or trucking company negligence, filing a lawsuit is critical to seeking fair compensation. The importance of taking legal action can't be understated.
You may find yourself overwhelmed by the challenges you face. Filing a truck accident lawsuit is essential for holding those responsible for your suffering accountable. Legal action is also your best chance to recover your accident-related financial losses or damages. By taking this step, you can move toward rebuilding your life.
Why You Need a Truck Accident Attorney
A skilled truck accident lawyer will fight for your rights. They have the skill and experience needed to deal with the formidable opposition you'll face. Truck accident lawsuits are complicated. Attorneys know the law required to increase the chances a victim will see a favorable outcome.
How to Select Your Lawyer
But there are more than 50,000 personal injury lawyers in the United States and likely thousands in your area alone. How do you go about choosing the best one for your case?
First, while you should hire a truck accident attorney quickly, you should never rush your decision. That sounds like a contradiction, but it's critical that you do some research before making your choice.
Look at the websites of attorneys in your area. Check their record in securing favorable outcomes in similar cases, and find out how long they've practiced. Check review sites to see what others say about the attorneys you're considering.
Don't be afraid to schedule consultations with two or three lawyers. The consultation is your chance to get a feel for whether or not you can work with that person. You'll explain the details of your case, and the attorney will tell you if you have the grounds for a truck accident lawsuit.
Once the consultations are complete, trust your instincts and choose your attorney so they can get to work helping you obtain the money you have coming.
How an Attorney Can Help
Your truck accident attorney will first investigate the accident to gather evidence. Of course, you can't win your case without proof you didn't cause the wreck. Collecting evidence is critical, and the process must begin immediately.
Investigating the Accident
Why is time of the essence? Because crucial evidence can disappear quickly. Suppose, for instance, the truck driver was speeding when they slammed into your vehicle. They probably hit the brakes to avoid the collision, leaving fresh skid marks. Your truck accident lawyer must get photos of those marks before rain washes them away.
An attorney also has access to other evidence not available to non-lawyers. For example, they can get footage from surveillance cameras that capture the wreck. If it appears the driver was using their phone and caused the accident due to being distracted, your lawyer can request their phone records.
Your truck accident attorney will closely scrutinize every relevant detail. The information they gather will provide a comprehensive account of the incident's circumstances.
Talking to Witnesses and Gathering Critical Documents
While physical evidence is crucial, witness statements add a human element to the case. Gathering firsthand accounts from individuals who witnessed the accident provides additional perspectives, reinforcing the victim's version of events. These statements can be powerful tools in establishing the sequence of events and determining liability.
In addition to scene documentation and witness statements, securing relevant documents and records is also crucial. Police reports, medical records, and any other pertinent documentation contribute to building the most robust possible case.
Determining Liability
Once your truck accident lawyer has all the facts, they can determine who caused the wreck. Establishing liability is an essential part of your case, and it can be very challenging.
One of the reasons is that multiple parties can be liable. Here are some examples.
- The truck driver - As mentioned earlier, the driver may have been speeding or distracted. They might have been fatigued because they were behind the wheel too long, violating federal safety rules. There's even a chance the driver was impaired due to alcohol or drug use.
- The trucking company - Trucking companies often bear significant responsibilities in ensuring the safety of their vehicles and drivers. The company can be liable for your accident by failing to uphold those responsibilities. They might, for instance, have failed to perform routine maintenance. If the wreck occurred because a critical part malfunctioned, you can file a truck accident lawsuit against the company.
- Third-party negligence - Trucking companies often hire outside businesses to load a vehicle's cargo. Many accidents occur due to a load shift, which causes the truck to roll over during transit. If your truck accident attorney's investigation finds this caused the wreck, you can take action against the loading company.
- Parts manufacturers - Sometimes, the blame lies not with the driver or the trucking or loading company. The manufacturer of a faulty truck component, such as the brakes or tires, can face liability if that component fails and causes an accident.
Understanding Damages and Calculating Compensation
Your truck accident lawyer will also work hard to determine how much money you deserve. We referenced damages earlier in the article. These include tangible and intangible losses you incurred due to the wreck. Your attorney will use their experience and evidence to calculate the compensation they'll pursue from the at-fault parties.
Tangible, or economic, damages include medical expenses and lost income. Attorneys typically don't have any issues proving tangible damages because they can obtain documentation to support them. These include hospital and doctor's bills and pay stubs.
But victims can also obtain money for their intangible or non-economic damages. These include pain and suffering, emotional distress, and lost quality of life due to being unable to participate in the activities you love. It takes a skilled truck accident lawyer to calculate and prove subjective damages since they can't produce paperwork to support them.
Dealing With Insurance Companies
Truck accident lawsuits have always been high-stakes, but it seems that's even more the case these days. Insurers and trucking companies must fight even harder to protect their profits. If you don't hire a seasoned truck accident attorney who knows how to deal with insurers, you likely won't have a chance of obtaining fair compensation.
A lawyer can shield you from a powerful insurance company. Insurance adjusters are notorious for making lowball settlement offers or trying to trick injury victims into accepting blame for an accident. If you have an attorney, however, you won't have to deal with insurance company harassment. Simply refer them to your legal representative.
However, if you don't have an attorney, never accept an insurance company's settlement offer. They'll likely try to tempt you with what seems to be a lot of money. But if you take that offer, you'll quickly find that it won't come close to paying for all your damages. You'll be stuck trying to pay what remains once the settlement money runs out.
Settlement Negotiations
Insurance companies that cover commercial trucks have highly skilled professionals, including adjusters and lawyers. Insurers love it when accident victims don't have legal representation. They know victims are stressed over their mounting bills and lost income and know how to take advantage.
Seasoned truck accident attorneys know all the tactics insurers use to escape responsibility. More importantly, they're very familiar with ways to defeat them. An attorney will have the truth on their side and a clear idea of what your case is worth. They won't stop until they've convinced the insurer to give you what you deserve.
What if the Insurer Refuses to Settle?
Only about five percent of personal injury cases ever reach a courtroom. Insurers don't want the expense and hassle of a trial. They also hate the possibility of a judge or jury awarding a victim much more than it would have cost the insurance company to settle.
If your case is among those that go to trial, your truck accident lawyer will be ready. Seasoned attorneys have substantial experience in a courtroom and the skills needed to make compelling arguments on behalf of their clients.
Truck accident lawyers thoroughly prepare themselves for trial. They anticipate the opposition's arguments and have compelling counterarguments. Attorneys understand the dynamics of a trial and enter courtrooms with confidence. They combine their legal experience with effective communication to enhance the strength of their case.
The Role of Expert Witnesses
There's a good chance your truck accident attorney will call upon expert witnesses to solidify your case further.
Attorneys are very strategic when selecting expert witnesses for a truck accident lawsuit. These witnesses must have extensive knowledge in their area of expertise and effectively establish their credibility. They can profoundly impact a case, significantly increasing your chances of a positive outcome.
Accident reconstruction experts, for example, can provide an easy-to-understand look at how the collision occurred. A financial expert can prove how the injury has affected your ability to earn a living and also show how it will affect your future earnings. Medical experts can testify regarding the severity of your injury and verify the cost of your treatment, rehabilitation, and other medical expenses.
Experienced attorneys have strong relationships with several types of experts. They work with them regularly because the experts know how to explain complicated subjects in an easily understandable manner.
Tips for a Successful Truck Accident Lawsuit
While your lawyer will guide you through all the steps of your truck accident lawsuit, you must know what you can do to increase your chances of a favorable outcome.
The most important thing is to follow your doctor's treatment plan. Listening to your doctor's recommendations will help you recover faster, and it will also help your case. Failing to do so can damage your health. It can also give the insurance company an excuse to claim you're not as injured as you claim.
It is best to keep every piece of paper related to your injury. Find a safe place for all of your bills and receipts. If you must pay for parking when visiting your doctor, keep that receipt as well.
Also, keep the lines of communication with your attorney open. Your lawyer may have questions or may need information. The faster you respond, the easier it will be for your truck accident lawyer to provide you with the most effective representation possible.
Finally, while it might not directly impact your case, please try to manage your stress. You're going through a difficult time physically and emotionally. Don't be afraid to reach out to those you love for support. If you're feeling overwhelmed, please don't hesitate to turn to a mental health professional. Taking steps to care for your well-being will help you navigate the challenges to come.
A Skilled Truck Accident Lawyer is Standing By
Contact an attorney as soon as possible to learn more about how they can help with your truck accident lawsuit. Always remember that time is of the essence for truck accident claims. Waiting to call a truck accident attorney can jeopardize your chances of receiving fair compensation for injuries and damages. These cases involve complex regulations and evidence gathering. Swift legal intervention ensures the preservation of crucial evidence, witness statements, and compliance with legal timelines.
Don't delay; consult a personal injury lawyer in San Diego promptly to safeguard your rights and pursue the justice and compensation you deserve.