What Is The Truck Accident Claims Process?
To ensure their safety and the safety of everyone else on the road, truck drivers must follow special rules and regulations while they are on the job. However, not all truck drivers or trucking companies adhere to these additional rules and regulations, and accidents happen. Accidents with commercial trucks have the potential to cause serious damage. Tractor-trailers and other large commercial vehicles are common on all roadways across the country, and many people don’t even know how risky they are. And even more people don’t know the claims process after a trucking accident.
In the article below, we will discuss the process accident victims go through to resolve their truck accident claim.
How Do I Know I Have A Truck Accident Claim?
The only way to know for sure you have a valid trucking accident claim is to go over the details of your accident with an attorney. After a free initial consultation with a local truck accident lawyer, you’ll know whether or not you should move forward with a claim.
And if you have a claim, it’s essential to hold the negligent parties responsible. Being in a truck accident is the first requirement for having a truck accident claim. That’s why if you have been in an accident, you should reach out to an attorney as soon as possible before assuming you do or don’t have a case. To have a case, you don’t need catastrophic injuries or thousands of dollars worth of medical care or other damages.
The Truck Accident Claim Process
1. Get Medical Attention
Even if you don’t appear to have a severe injury, your first step should be to call 911. When medical personnel arrive, make sure they examine you for potential injuries. The adrenaline from the accident can mask conditions like whiplash and traumatic brain injury (TBI). These hidden injuries can lead to stiffness and other problems that don’t show up for 24 or more hours after the injury occurred.
2. Find A Truck Crash Lawyer
Once your injuries are addressed, you need to speak to a truck accident lawyer. Since multiple parties could be at fault, like the truck drivers, trucking company, or a third party, you shouldn’t try to handle the case on your own. The trucking industry is also very powerful, with attorneys of its own. Once you’ve found a truck crash attorney you’re comfortable with, review, negotiate and sign a contract with terms you feel good about.
This Letter of Engagement or Retainer Agreement should:
- Acknowledge the confidential lawyer-client relationship has begun
- Explain the contingency fee percentages and other details about expenses and payment for recovering or not recovering damages in the case.
- Outline terms for how the agreement can be canceled.
- Understanding the timelines and statute of limitations involved with truck accident personal injury claims.
- Knowing how your attorney will handle the case, including the negotiation of medical expenses, investigations, ordering of medical records, etc.
Remember, each law firm may work with a different style of contract. Some are very simple, while some are pretty in-depth, depending on the case.
3. Investigation and Collection of Evidence
The evidence in your case, including your personal account of the truck crash, details about your medical visits and physical therapy regimen, and a review of police reports, lets the law firm know if your case should move forward. Once you’re onboard with a lawyer, a focused effort to unravel all possible details to help your cause will begin.
This investigation by your legal team often includes:
1. Accident reconstruction
2. A review of all police reports
3. Speaking with eyewitnesses
4. Demanding and reviewing copies of all documents and any additional evidence
5. Meeting with insurance adjusters
6. Reviewing available traffic camera recording evidence
7. Truck accident scene investigators to investigate the truck crash site
8. A review of your medical records and visits
9. Conducting conversations with the truck company’s legal and insurance representatives
4. Send The Personal Injury Demand Letter To The At-Fault Parties
Now it’s time to draft a demand letter. Your demand letter summarizes the expenses and injuries you’ve suffered. Medical bills are the most considerable expense in most truck accident cases. A semi-truck’s sheer size and weight lead many truck accident victims to suffer serious injuries. This leads to emergency medical treatment as well as ongoing physical therapy. Your attorney will detail your medical treatments in the demand letter, illustrating why you need compensation for your injuries. Most victims take time off to recover from their accident. Your attorney will also seek compensation for lost earnings in the demand letter. Compensation for pain and suffering that the semi-truck accident caused can also be
included in the demand letter. After detailing the physical and financial consequences you suffered, your attorney will propose a settlement amount you would accept to release the responsible parties from liability.
5. Proceed Toward Settlement or Trial
Most truck accident claims settle without needing to go to court. However, you must file a personal injury lawsuit if you can’t settle outside of court. Going to trial carries the risk of losing your case. But when you settle outside of court, you eliminate this risk. But the responsible parties’ insurance companies won’t always accept the terms of your demand letter and offer a lower settlement offer. When this happens, your attorney will negotiate to reach a fair settlement on your behalf. There might be a long negotiation process with insurance companies before an agreement is reached. But your legal team should be prepared to go to court just in case settlement negotiations break down.
Why Truck Accidents Take Longer to Settle
In “typical” motor vehicle accidents involving passenger vehicles, there are usually only two individual parties involved. But in a semi-truck accident, many other factors and responsible parties enter the playing field. There could be several points of potential liability, and it will take time to investigate and identify all potentially liable parties in a truck accident. In addition to truck drivers, commercial truck accidents could also be caused by faulty equipment due to poor maintenance or improper load balance. The trucking company could also be liable.
Recoverable Damages In A Truck Accident Claim
Truck accident lawyers help their clients pursue various damages after an accident. Your attorney can help you decide which damages to pursue. Some damages victims of truck accidents may receive are:
- Past, present, and future medical costs associated with the accident: Medical costs include emergency transportation, hospital stays, specialized care and equipment, long-term therapies, etc.
- Property Damage: Truck accident victims can also be compensated for property damage to their vehicles or anything in their car at the time of the accident.
- Pain and suffering: Truck accidents, in particular, can cause pain and suffering that a survivor should be compensated for. Commercial trucks are massive vehicles that often cause significant emotional damage during a crash.
- Mental anguish: The experience of a truck accident can change a person’s life forever. If you’ve suffered mental anguish after your accident, you are not alone. Your skilled truck accident lawyer will help you recover compensation for your mental anguish.
- Disfigurement and disability: Some truck accidents lead to disfigurement or disability. When this happens, you can pursue disfigurement and disability damages.
Choose an Experienced Truck Accident Attorney to Handle Your Claim
An experienced attorney can ensure you receive maximum compensation following a serious truck accident. Personal injury attorneys can help maximize your compensation and alleviate the stress and pressure of pursuing a truck accident claim. Your personal injury lawyer will work with the insurance providers and guide you through each step of the truck accident claim process to help you successfully navigate your accident claim.
The Mabra Law Firm offers free consultations for prospective clients. During the consultation, you can explain the specific circumstances of your accident and your truck accident injuries so our attorneys can evaluate the value of your claim. After providing information to an attorney, they can help you understand your rights and ensure you receive the financial compensation you deserve. If you’re ready to get on the road to recovery, click the button below to schedule your free consultation with our truck accident attorneys today.
References:
https://www.superlawyers.com/united-states/article/what-is-the-truck-accident-claim-pro
cess/1342f514-8f00-41f3-80b8-5bf89afd7ef3.html
https://www.bressmanlaw.com/truck-accidents/how-do-truck-accident-claims-and-lawsui
ts-work/