After getting injured in a truck accident, you want to be compensated for your injuries and other losses. You know that you deserve compensation, but you know where to start. Hiring an attorney is the best way to get everything you deserve.
An experienced truck accident attorney can help maximize your compensation after a truck accident. You deserve to fully financially recover after an accident. Contact a lawyer immediately to learn how to protect your legal rights after an accident.
Who Regulates The Trucking Industry In America?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry in America. The FMCSA oversees the entire commercial trucking industry across the country. The FMCSA operates under the United States Department of Transportation. The key responsibilities of FMCSA are to ensure safety in transporting goods by large trucks and commercial vehicles. Here are some of the organization’s specific responsibilities:
- FMCSA is responsible for establishing safety regulations for commercial motor vehicles, such as rules regarding driver qualifications, hours of service, vehicle inspections, and maintenance.
- The FMCSA is responsible for issuing and enforcing licensing requirements for commercial vehicles, truck drivers, and trucking companies to ensure compliance with federal safety standards.
- The FMCSA is also responsible for investigating accidents involving commercial trucks.
Knowing and asserting the rights you have as a victim of a truck accident can be difficult. Contact a qualified truck accident lawyer immediately after the crash to protect your rights and recover compensation for your damages.
How Common Are Truck Accidents Nationwide?
Crashes involving large commercial trucks are far too common across the country. According to the National Highway Safety Administration (NHTSA), in 2020, nearly 40,000 people died in traffic accidents that involved a large commercial truck. In addition, the estimated number of police-reported crashes in 2020 decreased by 22 percent from 2019 to 2020.
In 2020, the number of deadly crashes decreased by nearly seven percent from 2019 to 2020. The NHTSA has also reported that in 2020, 45 percent of fatal crashes involved a driver who was engaged in at least one risk factor, like speeding or not wearing a seatbelt.
Contact an attorney immediately if you are involved in a commercial truck accident. A lawyer working on your behalf is the best way to ensure you get everything you deserve after a traffic accident.
How Do I File a Lawsuit After a Truck Accident?
Filing a lawsuit can often take time and effort. Many procedural rules can become obstacles for injured plaintiffs, and there is no guaranteed timeline for any civil case. Here is the general process of a truck accident lawsuit.
Filing The Complaint
The first step in a lawsuit is to file a complaint in the appropriate court. The allegations in the complaint must be plainly stated. The complaint must also comply with the applicable rules of civil procedure. An attorney can help ensure that you are following all the rules.
Filing and Responding To Motions
The opposing party might file motions against your claim. An attorney can help respond to motions and represent you in court when the motions are set for a hearing.
Prepare For Trial
While the case is pending, both sides will likely continue trying to settle the claim. At the same time, you will be preparing for trial. Preparing for trial can be stressful, but having an attorney is the best way to reduce stress and have a successful outcome for your case.
Go To Trial
Your attorney will represent you inside the courtroom. Standing before a judge or jury to get the financial recovery you need after an accident can be hard to do on your own. Rely on your lawyer to ensure you get what you deserve after filing a truck accident lawsuit.
What Should I Do After a Truck Accident?
The steps you take after an accident are important to the viability of your case. Each step you take after a truck accident can help build your case. Here are some steps to consider taking after an accident.
Seek Medical Care
Seek medical attention after an accident, even if you do not think your injury is serious. Getting medical care after an accident is very important. Some injuries do not manifest themselves for days or weeks after the crash. Other injuries cannot be discovered without a medical examination.
In addition to your physical health, seeing a doctor after an accident can help your legal claim, too. Insurance companies want to do anything to avoid paying you for your injury. Failing to see a doctor can give the insurance company enough ammunition to deny your claim.
Gathering Important Evidence
It is necessary that you get enough proof to win your case. There are a lot of potentially helpful types of evidence that can build your case, including the following:
Truck Driver’s Information
You will want to get the truck driver’s information, if possible. Get the truck driver’s name, contact information, insurance details, and trucking company name.
Accident Report
Obtaining a copy of the accident report can be critical to understanding how the accident happened. The police report can provide important details about the incident, such as fault and the parties involved.
Medical Records
Obtain your medical records and share them with your attorney. Be sure to complete your medical treatment plan. Insurance companies will pounce on the opportunity to blame you for your harm, especially if you do not complete your medical treatment plan. Also, complete medical records can help your attorney argue for fair compensation.
Witness Statements
Eyewitness statements can also help build your case. Collect contact information for any witnesses to the accident and obtain their statements if you can.
Photographs
Pictures speak a thousand words! If you can, take pictures. Take a snapshot of your injuries and property damage. Share the pictures that you take with your legal team.
Consult An Attorney
Consult an attorney immediately after a traffic crash. An attorney will help you understand your rights, guide you through the legal process, and handle your case properly. Most truck accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case.
How Can a Truck Accident Attorney Help Me?
Getting a good legal team working on your side is the best first step in getting the compensation you deserve after a truck accident. A lawyer can help build your case and get you fair compensation. Here are some of the most practical ways that an experienced truck accident attorney can help your case.
Identify Potentially Responsible Parties
You will need to identify all potentially responsible parties after a truck accident. Several parties can be responsible for your injuries. Some potential defendants can include:
- The trucking company
- The truck driver
- The truck manufacturer
- Third parties
An attorney will help determine which parties are responsible for the accident. Your lawyer will help investigate the cause of the accident and how liability can be shared among defendants.
Discovery Process
The discovery process is the fact-finding stage of litigation. After the lawsuit is filed, the discovery process begins. This is when both sides exchange information and evidence about the case. Discovery can include:
- Depositions
- Written interrogatories
- Requests for admission
An attorney will help through the entire discovery process. Discovery is important because you can learn valuable information from the other parties in the case.
Negotiations And Settlement
The negotiation phase is an important part of getting what you deserve after an accident with a large commercial truck. Negotiating with an insurance company can be difficult. Insurance adjusters are often intimidating for accident victims. Having the support of a personal injury lawyer can cut down on the stress you might feel and increase your odds of getting full and fair compensation after a traffic accident.
Trial And Litigation
Many civil cases are resolved during the negotiation phase. However, your attorney might file a lawsuit if the insurance company does not offer you a fair financial settlement during negotiations. Filing a lawsuit is a great way to assert your rights after an accident, but doing it alone is inadvisable. Contact an experienced lawyer to put yourself in the best position to recover fully.
Appeals
An attorney can help appeal an unfavorable decision if needed. After a trial, the losing party may choose to appeal the verdict. However, most cases are settled before they reach this point.
How Much Is My Truck Accident Claim Worth?
Knowing how much your claim is worth is vital. The value of a truck accident claim can vary widely depending on several factors, including the extent of your injuries, the damages to your vehicle, and the liability involved. Here are some key elements that will affect the value of your truck accident claim.
Fault and Liability
It is important to determine fault and liability after a truck accident. The degree of fault in the accident is vital to a successful claim. If the truck driver, the trucking company, or another party is found to be fully responsible, your claim may be worth more.
Severity of Injuries
The more severe your injuries are, the more expensive they are to treat. The greater your medical bills, the more your final settlement can be worth. Severe injuries might include emergency care, hospitalization, surgeries, rehabilitation, ongoing medical care, and future treatment needs.
If your injury results in permanent impairment or disability, the compensation can increase significantly. It includes compensation for loss of mobility, inability to work, or a diminished quality of life.
Lost Earnings and Earning Capacity
Some injuries are so severe that they can keep you from going back to work. Being unable to work can lead to bills piling up. An accident with a large truck can lead to financial ruin. You might be entitled to compensation for your lost earnings during your recovery.
If your injuries prevent you from returning to your previous job, or if you are forced to take a lower-paying position due to your condition, you may be entitled to compensation for the reduction in your future earning potential.
Insurance Coverage
Insurance coverage limits might affect the value of your settlement. The amount of insurance that the truck driver is required to carry is set by the FMCSA. The amount of coverage the trucker or trucking company carries can affect your claim. Trucking companies are typically required to have insurance policies, sometimes as high as $1 million or more, depending on the type of cargo being transported.
If the driver is uninsured or underinsured, your insurance policy may be used to cover your damages.
Vehicle Damage and Property Loss
You might be entitled to recover for the property damage if you sustained any damage. The cost to repair or replace your truck and any personal property damaged in the accident will be included in the claim. If the truck was totaled or severely damaged, this can add to the claim’s value.
Other Factors
There are miscellaneous factors that might contribute to the overall value of the claim. For example, you might be entitled to recover punitive damages. Punitive damages might be available if the defendant’s actions were extremely outrageous. Punitive damages are not meant to compensate the victim; they are used to punish the defendant. Speak to your attorney to discuss whether punitive damages are available in your case.
Contact a Truck Accident Attorney Today
Contact a truck accident attorney immediately after an accident. Your injuries can be severe and life-changing. You deserve to receive full compensation for the losses that you incurred. Do not hesitate. Call an experienced personal injury attorney to start your journey toward the best available outcome in your truck accident case.
