Some common types of truck accidents include single-vehicle, rollover, rear-end, side-impact, sideswipe, and head-on accidents. Collisions between trucks and pedestrians, motorcyclists, bicyclists, and other non-vehicles are also noteworthy, as these collisions may be even more likely to result in serious or even fatal injuries.
The excessive size and weight of trucks mean truck collisions are more dangerous than most other traffic accidents. If you or a loved one suffered injuries (including fatal injuries) in a truck accident, hire an Fayetteville truck accident attorney to fight for all of the money you deserve.
The Type of Truck Accident You Were In Is Important to Your Case
To understand why the type of truck accident is relevant to your case, consider how the accident type can help your attorney determine fault for the accident:
- Head-on collision: If a truck hits another vehicle head-on, this suggests that one of the motorists entered a lane of traffic that they should not have. This error can result from impairment, tired driving, a vehicle defect, or a number of other potential causes.
- Rear-end collision: Usually, when a truck strikes another vehicle in the rear, the truck driver is at fault. These accidents can also result from faulty brakes or other types of negligence. The rear-ending motorist is typically at fault because every driver must keep a safe distance from the vehicles in front of them.
- Side-impact collision: A side-impact collision can be the fault of the motorist who strikes the other vehicle or the motorist whose vehicle is struck in the side. Determining fault depends on who had the right of way before the collision occurred.
As you can tell, knowing the type of accident is not usually enough to determine fault—your attorney will need more information. That said, understanding the accident type is essential to determining fault, establishing liability, and securing a fair settlement or verdict.
How Your Lawyer Will Diagnose Fault and Liability for Your Truck Accident
For you to receive fair compensation, your lawyer will need to prove:
- That someone else is at fault for your truck accident
- That someone else is financially liable for your accident-related damages
Proving fault usually requires proving negligence. Someone is negligent when they do not act in a reasonable manner, which can cause others to suffer injuries.
Proving Fault for Your Truck Accident
Truck accidents can happen when drivers, vehicle manufacturers, trucking companies, and municipalities fail to honor their duty of care. Your attorney may prove who caused your truck accident by obtaining:
- Eyewitness testimony detailing how the truck collided with you or your vehicle
- Experts’ reconstructions of the collision
- Video footage of the collision
- Several other types of evidence, each of which may support your claim or lawsuit
Truck accident lawyers know where to find evidence. They also know how to piece evidence together to create a compelling (and truthful) narrative showing who caused your accident.
Who May Be Liable for Your Accident-Related Damages
The party who caused your accident may not be the one who ultimately pays for your damages. For instance, a speeding truck driver’s employer or their employer’s insurance company, may bear the cost of the driver’s negligence.
In addition to proving who caused your truck accident, your lawyer will prove who must pay for your accident-related damages.
More Ways a Lawyer Will Lead Your Truck Accident Claim or Lawsuit
Truck accident attorneys are responsible for your case from start to finish. From the time you hire your lawyer to the negotiation of a settlement or completion of a trial, your case will be in your legal team’s hands.
You know that your attorney will prove fault and liability for your accident, and they will also:
Coordinate the Claims Process (While Protecting You from Insurers)
The insurance claims process is typically the first option for truck accident victims. Your attorney will lead this process on your behalf, including:
- Ensuring the prompt filing of your claims (which may include a claim with your insurer, a truck driver’s insurer, a trucking company’s insurer, or other insurers)
- Providing your accident-related statements to insurance companies
- Providing any evidence to insurers that the insurance companies do not yet have
- Arranging all necessary meetings with claims adjusters
Your lawyer will also represent you in financial negotiations with insurance companies.
Obtain Evidence from the Trucking Company
Trucking companies often have evidence that can help victims secure compensation. However, trucking companies’ leaders may try to dispose of such evidence, knowing they are financially liable for the plaintiff’s damages.
Your attorney will quickly file a legal motion requiring the trucking company to preserve and provide such evidence to your attorney.
Detail Damages from the Truck Accident
Your legal team will obtain all proof of your accident-related damages. In many cases, relevant documentation of damages includes:
- Medical images (such as MRIs, CT scans, and X-rays)
- Medical records (including doctors’ notes, specific diagnoses, and treatment plans)
- Medical bills
- Invoices for repairing or replacing your vehicle (and any other property damaged during the truck accident)
- Pre-accident income statements, which can help prove income you’ve lost because of the accident
- A mental health expert’s testimony about your pain and suffering
Your lawyer will rely on experts, your doctors, and you to document your accident-related damages.
Determine How Much Money You Deserve
The total financial value of your economic and non-economic damages will determine your case value. Lawyers understand how to calculate damages, including those you have yet to suffer.
Negotiate a Settlement
Your attorney will determine how much money you deserve. Then, they will negotiate for a settlement that covers your case value. They may seek this settlement from:
- Your insurance provider
- The at-fault party’s insurance provider
- Lawyers representing a trucking company or another liable party
- Any other party with the power and obligation to pay you for your damages
Statistics indicate that you should be optimistic about receiving a settlement. That said, your attorney will ensure a settlement offer is fair before they encourage you to accept the offer.
Handle Any Lawsuit or Trial Related to Your Truck Accident
Your lawyer will provide regular case updates. If liable parties are not complying with your lawyer’s settlement demands, your attorney may approach the topic of filing a lawsuit.
If you decide to sue liable parties (which may include a trucking company), your attorney will file the suit for you. If your lawsuit leads to a trial, your lawyer will handle the court case, too.
When Should I Hire My Truck Accident Attorney?
Every truck accident victim should speak with an attorney as soon as possible after the collision. Once you determine that you want to hire a lawyer, sign them to lead your case as soon as possible because:
- Liable trucking companies may try to get rid of evidence: Leaders of trucking companies are not dumb. They may recognize that a lawsuit will soon follow when they or their driver causes an accident. Therefore, a liable trucking company may try to dispose of any evidence that can help your case. Your truck accident attorney will file a letter of spoliation right away, and this may prevent the disposal or destruction of evidence.
- There may be a strict deadline for filing your case: Most states (if not all) have deadlines for filing truck accident cases. You may also be up against other deadlines related to any insurance claims you file. Hire your lawyer soon so you do not miss critical deadlines (and lose your chance to pursue a fair financial recovery.
- A seemingly minor mistake can jeopardize your financial recovery: If you say the wrong phrase, fail to take certain actions, or make any other mistake, the financial consequences can be great. Hire a lawyer after an accident as soon as possible, and they will prevent any mistakes that can harm your case.
- You deserve to move forward with your life: You likely do not want to dwell on your truck accident. Your lawyer will fight for fair compensation, and they will also work to resolve your case as soon as possible.
Lawyers or their team members are always available to speak with you. There is also no financial barrier to hiring a lawyer, so there aren’t any reasons to wait before searching for your truck accident attorney.
Is Hiring a Truck Accident Lawyer Expensive? No.
Hiring a truck accident lawyer will cost you nothing out of your pocket. Attorneys make their services easily accessible by using contingency fees.
In a contingency fee agreement, the truck accident victim:
- Does not pay their lawyer any fee out of their own pocket
- Relies on the law firm to cover all case-related expenses
- Trusts their firm to invest in their case, including by hiring experts
- Agrees that their lawyer will receive a percentage of any settlement or verdict they obtain
You won’t have to put up any of your own money to hire a truck accident lawyer. Your attorney will take the financial risk associated with your case. Your attorney will also have a great financial incentive to secure a fair settlement or verdict for you.
What Happens Once I Hire My Truck Accident Lawyer?
Once you hire a lawyer, your case is in their hands. You can focus on your health, get plenty of rest, and tend to personal responsibilities. Your attorney will oversee every detail of your insurance claim or lawsuit.
When it comes to your case, you should:
- Look out for correspondence from your lawyer: Most truck accident lawyers communicate with your clients often. Updates are important because you deserve to know where your case stands at all times. Your lawyer may also need your input, particularly when it is time to review settlement offers.
- Reach out to your legal team with any questions or concerns: If you have any questions about your case, have any concerns, or need instruction, do not hesitate to contact your legal team. You should have your lawyer’s number and also be able to reach other team members if your attorney is not immediately available.
- Document your recovery: Your lawyer will be responsible for documenting your accident-related damages, but you can likely help. As you receive medical treatment, you may pass your records along to your lawyer. You can also keep a journal documenting your mental health struggles, which may be beneficial to your case.
Trust your lawyer. They will explain what you should and should not do as they build your case.
Will I Need to Sue Anyone to Get Fair Compensation?
Your attorney will help you decide whether to sue a trucking company or any other liable party. While most truck accident cases do not require trial, some do.
Your attorney may talk to you about suing if:
- Those responsible for your truck accident lack any insurance
- At-fault or liable parties do not have enough insurance coverage for your damages
- Insurance companies are unwilling to offer all the compensation you deserve
There may be other circumstances that lead you to consider a lawsuit. In any case, trust your attorney to bring up the lawsuit discussion when necessary and to fight for you however your case unfolds.
Your Lawyer Will Seek Fair Compensation for All of Your Damages
Every truck accident case shares a common goal. Your attorney will fight to secure every dollar your damages entitle you to. You will have a unique slate of damages, and your lawyer will identify, document, and value those unique damages for you.
Your record of recoverable damages is likely to include:
- Vehicle repair costs
- Vehicle replacement costs
- Pain and suffering
- Mental health service costs
- Lost income
- Diminished earning power
- Medical expenses
Each truck accident victim needs different medical care, faces different types of pain and suffering, and has a unique case value. Let a lawyer sort out these details and demand justice for you.
Hire Your Truck Accident Lawyer Today
A truck accident lawyer may be a more valuable resource than you can imagine. Let an attorney fight for your financial recovery so you can focus on your health. Hire your Fayetteville personal injury attorneys as soon as possible.
