If you suffered an injury or lost a loved one in a truck accident, you need a lawyer who understands the truck accident claim process.
Speak with a truck accident lawyer to discuss your legal rights, including the right to financial compensation.
The truck accident claim process generally involves these steps.
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During the initial consultation, a truck accident attorney will listen to your accounting of the accident, review any evidence or bills you bring, and explain how their firm handles the truck accident claim process.
Come prepared with any questions and clarify contingency fees with the firm. Most truck accident lawyers require no upfront costs and only get paid if you do. Verify you’re working within that arrangement.
Your insurance and the at-fault trucker’s insurance companies must be informed of the accident to initiate your compensation claim. Always allow your lawyer to handle all communications with the insurance companies. They can provide essential details without being derailed by the insurer’s usual tactics to delay or deny a truck accident victim’s claim.
Do not provide a recorded statement to the insurance company. Contact an attorney immediately to determine your next steps if you have already given a recorded statement.
A truck accident attorney will conduct a complete investigation of your claim, such as gathering evidence, interviewing witnesses, working with accident reconstruction experts, and determining liable parties.
Your lawyer must gather and analyze evidence during the truck accident claim process.
Your lawyer will obtain all relevant reports, photographs, and video evidence, including:
Your attorney will also collect evidence from the truck company during the discovery process.
Evidence used to determine fault and prove commercial trucking negligence includes:
During claims litigation, your lawyer may obtain the truck driver’s Department of Transportation (DOT) driving record, medical examiner certificates, and the trucking company’s driver test results. The results can prove things like alcohol or drug intoxication, making the company negligent and liable for the accident.
An experienced truck accident lawyer will locate key eyewitnesses from the accident scene and secure statements that may help establish negligence and liability in your truck accident claim.
Truck accident lawyers work with accident reconstruction experts to recreate the scene of your accident using technology, including 3D laser scanning, scene diagramming, and 3D animations. The process allows them to pinpoint crucial moments that establish negligence and liability.
Depending on the cause of the accident, negligence may be assigned to one or more parties in a truck accident case.
Possible liable parties include:
Your lawyer will communicate and negotiate with all liable insurance companies because multiple negligent parties may cause a truck accident. Always refer the insurance company to your attorney and tell them you’ve been advised of your right not to speak with them.
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Depending on the circumstances of your truck accident claim, your lawyer may hire experts to analyze and objectively review the evidence.
Attorneys work with experts such as:
Having expert testimony conveying the severity of your injuries, the status of your mental health since the accident, and the negligence of the truck driver and trucking company ensures maximum compensation.
Determining accident-related losses and valuing damages involves documenting physical, mental, and financial injuries.
For example:
Loss of consortium is a non-economic damage commonly associated with wrongful death truck accident claims. It encapsulates the loss of companionship, love, guidance, and protection from the decedent.
If your loved one’s death resulted from a truck accident, speak with an attorney immediately. They will alleviate the stress of navigating the legal process while you are mourning and processing your grief.
If the insurance companies refuse to cooperate, your truck accident attorney will send a demand letter to start negotiations between the two parties.
It will outline:
On receiving the demand letter, they will either agree to the demands, deny your request, or negotiate with your attorney.
Negotiating a settlement with the liable insurance company can involve more than one round of negotiations. The first offer is almost always rejected, as the insurer is known to send lowball offers first to get away with paying as little as possible.
Your case will settle if your attorney, with your consent, and the insurers, agree on final compensation.
Your attorney will file a lawsuit if they cannot agree on a settlement. Then, they will begin the discovery process, collecting evidence from the trucking company and begin pre-trial motions.
Lawyers also send requests for productions and interrogatories during the discovery process and schedule depositions.
After meeting discovery goals, parties may be better equipped to revisit negotiations and agree on a final compensation. Most truck accident claims settle without going to trial. However, if you’re in the minority, your truck accident lawyer will represent you in court. Ask your attorney about the probability of trial.
Schedule a free consultation with a personal injury attorney to discuss the details of your case, protect your legal rights, and determine eligible financial compensation.
Marcus & Mack
