What To Expect During a Truck Accident Lawsuit

What To Do After a Truck Accident

While no one imagines being in an accident involving a semi-trailer truck or a big rig truck, it’s best to be prepared and know what to do in case it happens.

It’s vital to remain calm and take the proper steps to increase your safety and protect your rights.

Below are the steps you should take after a truck accident.

Call 911 Immediately

Safety should be your top priority in any accident.

The first thing you must do is check yourself for significant injuries, especially for a head injury.

If you’re safe, you can check on your passengers, the truck driver, and the other people involved in the truck accident.

If there are any injuries, contact the emergency services immediately and ensure everyone involved in the accident gets medical treatment as soon as possible.

On the other hand, if everyone is completely safe and sound, you should contact law enforcement so they can make a report and document information about the truck accident.

Retain Evidence From the Accident Scene

If you are safe and able, take photos or videos of the accident scene to help support your truck accident lawsuit claim.

Make sure you get pictures of all the vehicles involved in the crash and any damage inflicted on them.

Obtain the police report from the responding law enforcement or the receipt for the digital police report that will be created by a responding officer.

Write down everything you remember about how the truck accident occurred and other relevant information, such as the time and place, the weather, and the traffic and road conditions.

Also, if there are any eyewitnesses at the accident scene, try to get their contact information and a brief description of what they saw.

Exchange Information With the Truck Driver

It’s crucial to exchange information with the truck driver, vehicle owner, or any other driver involved in the truck accident.

This includes their name, address, contact information, company information, and insurance coverage.

You should get the contact details of the trucking company that owns the truck and any other relevant data essential for filing a truck accident claim.

Remember to be cautious about what you say to the other parties involved.

Do not apologize or say anything that can implicate or establish liability.

Otherwise, they can use your words against you during the truck accident settlement or lawsuit.

Contact Your Insurance Company

After a truck accident, you must contact your insurance company.

They will guide you through the entire process and tell you what documents and information are necessary for filing an insurance claim.

Federal regulations also require trucking companies to carry liability insurance that covers any damages caused by their vehicles and truck drivers.

If the other party’s insurer contacts you, remember to be polite but provide limited details about the truck accident until you can consult a truck accident lawyer.

Note that the average truck accident settlement amount that insurance companies offer is often a lowball figure.

It’s best to consult an experienced truck accident lawyer before signing documents or accepting settlement offers.

Contact a Truck Accident Attorney

Experienced attorneys are valuable resources in any truck accident case.

They have extensive experience and expertise in handling cases involving semi-truck accidents and can help protect your rights during this process.

Legal expertise is highly influential when it comes to receiving full and fair compensation for your damages.

Your lawyer will negotiate with the insurance companies involved in the truck accident, obtain evidence from the accident scene, and help you build a solid case.

How To Hire a Truck Accident Lawyer

When searching for a truck accident lawyer, look for experienced attorneys specializing in personal injury law.

Inquire about their qualifications and experience in proving truck accident claims.

Ask them about their track record and past successes in settling or winning truck accident settlements and lawsuits.

Take advantage of the free consultation to get your questions answered before hiring a lawyer.

This will also show you if the lawyers are easy to work with and have good communication skills.

Find out if you agree with their approach and they are readily available to discuss your case.

How Do Contingency Fees Work?

Our truck accident lawyers work on a contingency fee basis.

According to a contingency fee agreement, clients DO NOT have to pay for legal representation unless you win or settle your truck accident claim.

Generally, the contingency fee is a calculated percentage of the total compensation you receive from the settlement or trial verdict.

The contingency fee system allows people with limited financial resources to access legal services without paying out of pocket.

This is especially helpful for truck accident victims who need to prioritize physical recovery and medical costs due to the severe injuries the accident caused.

It also gives lawyers an incentive to win or settle truck accident cases successfully.

What Is the Process of a Truck Accident Lawsuit?

The legal process of a truck accident lawsuit can be complex and time-consuming.

However, an expert truck accident lawyer can help you efficiently navigate every step.

Below is a brief overview of the truck accident lawsuit process:

Consultation

During the initial consultation, your lawyer will review your case and tell you the available legal options.

They will also provide legal advice on how to proceed and win fair compensation.

Attorneys will also discuss their terms and fees, so be sure to ask any questions you have before you hire them.

Investigation

Your lawyer will investigate the truck accident and gather evidence, such as pictures or videos of the accident scene, police reports, medical records, and witness statements.

They will get to the bottom of what happened and determine the cause, whether the truck driver failed to follow traffic laws, was experiencing driver fatigue, or was a reckless truck driver.

They will also look into every possible at-fault party, including the trucking company and the truck manufacturer.

They will determine who should be held liable for your damages and how much compensation should suffice for your recovery and other losses.

Negotiation

Your attorney will negotiate with the at-fault party’s lawyer or insurance company for a fair settlement offer.

They will present an appropriate demand for compensation depending on your damages, including ongoing and future medical expenses, lost wages, pain and suffering, property damage, and other economic and non-economic losses.

Settlement

Your truck accident attorney will help you decide whether to accept, reject, or demand more compensation.

Once all parties reach a fair settlement for each side, your lawyer will draft a contract and ensure you agree to the terms before signing it.

You will then receive the compensation and be able to move forward.

Trial

If negotiations fail, your truck accident lawyer will build a solid case and represent you in court.

They will present evidence, call witnesses, and question the defendant to prove their negligence in causing the truck accident.

The jury or judge will decide whether you are eligible for compensation and make an award accordingly.

How Are Settlements and Liability Determined?

In a truck accident lawsuit, settlements and liability are determined based on various factors.

Every truck accident claim is different, with unique underlying factors, potentially liable parties, and other factors that can impact the strategy of your truck accident lawyer.

Below are the different factors that can impact settlements and liability in a truck accident claim:

• Basis of General Negligence: Commercial truck drivers have a legal duty to drive responsibly on the road and follow all traffic laws.
• Presence of Gross Negligence: If the truck driver was driving recklessly or failed to follow safety regulations, they may be liable for compensatory damages.
• The Severity of Injuries: If the driver’s negligence caused you serious injuries, you could recover compensation for medical bills, lost wages, and other damages, depending on the severity of your injuries.
• Evaluating Other Losses: If the truck accident caused property damage or other damages, you could receive compensation for repair costs or replacement of your damaged belongings. The at-fault party may also be liable for punitive damages if applicable.

An Experienced Personal Injury Lawyer From TorHoerman Law Can Help With Your Truck Accident Claim

Truck accident lawsuits can be rather lengthy and complicated, and you need to have an experienced lawyer on your side to get the best possible outcome.

The truck accident lawyers at TorHoerman Law have extensive knowledge and experience dealing with truck accident cases and helping victims seek financial compensation.

Whether you want to pursue a personal injury claim or a wrongful death lawsuit, we will fight for your legal rights and ensure you receive fair compensation to focus on your recovery without worrying about any financial burden.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the truck accident lawsuit instantly.