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How Does A Truck Accident Claim and Lawsuit Work?

Posted on: April 14, 2023

Being involved in a truck accident can lead to physical injuries, emotional trauma, and significant financial challenges. As a result, you may feel overwhelmed and uncertain about where to turn for help. It is crucial to seek the appropriate medical and legal assistance in order to protect your legal rights, receive the compensation you deserve, and begin moving forward in your life. By working with experienced professionals who understand the complexities of truck accident cases, you can begin to regain control.

Let’s take a look at how a truck accident claim and lawsuit works. Once you have an understanding of the process, it’s easy to see the importance of hiring a skilled lawyer who specializes in these cases. Our aim is to give you a better understanding of what to expect after a truck accident and how to protect your legal rights and interests.

A gavel next to a stethoscope, meant to symbolize the healthcare industry and the court system


Steps Involved in a Truck Accident Claim and Lawsuit

Navigating the legal process following a truck accident can be a daunting task, especially when dealing with the physical and emotional impacts of the event. Understanding the typical steps involved in a truck accident claim and lawsuit can help prepare you for what lies ahead and give you a clearer sense of how your case may proceed. Each case is unique, and the specific details of your situation will determine the exact course your claim and lawsuit will take.

The typical steps involved in a truck accident claim and lawsuit include:

1. Initial Investigation

Your lawyer will investigate the accident, gather evidence, and interview witnesses to determine fault. This phase is crucial, as it helps to establish the basis for your claim. A thorough investigation can reveal crucial details, such as potential violations of trucking regulations, driver fatigue, or vehicle maintenance issues, which may have contributed to the accident.

One of the most important aspects of the investigation can be ensuring that potentially crucial evidence is maintained by the trucking company. Many of the trucks have systems that record important data that must be requested and preserved. Additional data concerning daily inspections, work logs, and other data must be preserved as well.

2. Filing of the Claim

Your lawyer will file a claim with the insurance company. This step initially involves advising the insurance company and the trucking company of the representation. Within these initial communications, request to preserve data are made.

This also involves submitting a formal demand for compensation to the at-fault party’s insurer, outlining the damages you have suffered and the amount of compensation you are seeking.

3. Negotiation of a Settlement

Your lawyer will negotiate with the insurer to obtain a fair settlement. This process may involve several rounds of back-and-forth communication, during which your lawyer will present evidence supporting your claim and argue for the appropriate level of compensation.

4. Filing of a Lawsuit (If Necessary)

If a fair settlement cannot be reached, your lawyer will file a lawsuit on your behalf. This action initiates the formal legal process, setting the stage for potential court proceedings. A good lawyer will walk you through the litigation process before you ever go into it. You need to understand what is involved.

At Beers & Gordon, we have a 4-5 page letter that analyzes the strengths and weaknesses of your case. We then have a conference about this information and answer any further questions you may have. Understanding and being prepared for every step of the process is crucial to the success of your case.

5. Discovery Process

Both sides will gather evidence and information to prepare for trial. This phase allows each party to request and exchange relevant information, such as documents, witness statements, and expert reports, to build their respective cases. This will also involve your deposition being taken as well as deposition of the other driver, corporate representatives, safety directors, and other employees of the trucking company.

6. Mediation and/or Trial

If a settlement cannot be reached through presuit negotiation, the case will proceed to mediation and/or trial. Mediation is an alternative dispute resolution process in which a neutral third party helps both sides reach a mutually agreeable resolution. If mediation is unsuccessful, the case will proceed to trial, where a judge or jury will determine the outcome and award damages, if appropriate.

A close up of two vehicles smashed together after an accident


The Complex Nature of Truck Accidents

Truck accidents are much more intricate than car accidents due to several factors, making it vital to have a lawyer who is experienced in handling such cases. For one, commercial trucks often have multiple parties involved in their operation and maintenance, including the driver, trucking company, cargo loaders, and truck manufacturers. This can make determining liability more challenging, as each party may try to shift responsibility to others. Furthermore, truck accidents may involve specific state and federal regulations governing the trucking industry, such as hours of service rules, weight limits, and maintenance requirements. A lawyer with truck accident experience will have the knowledge and expertise to navigate these complexities and build a strong case on your behalf.

Trucking companies and their insurers have legal teams dedicated to minimizing their liability and payout in the event of an accident. These teams will work to pay as little as possible for any claims filed against them. These trucking companies often send an employee to start the company’s investigation on the day of the crash in an attempt to minimize the company’s exposure. That’s why it’s so important to have an experienced truck accident attorney by your side. You need someone who can be your advocate and help you get the compensation you deserve. You also need to be careful about speaking to anyone before hiring counsel because many trucking company employees can be aggressive in their investigation.

Tell Us About Your Case

Knowing when to hire a lawyer after a truck accident is essential. There are several signs that indicate you need an attorney, such as: you have suffered severe injuries; you are uncertain about who is at fault; or you are experiencing difficulties with the insurance company. It is recommended that you hire a lawyer as soon as possible in these situations. Engaging a lawyer early in the process can help protect your rights and interests, ensuring you receive fair compensation for your losses. Waiting too long to hire a lawyer could jeopardize your claim, as crucial evidence may be lost, and legal deadlines may pass. By securing legal representation promptly, you can focus on recovering from your injuries while your lawyer handles the rest.


Factors That Can Impact the Outcome of a Truck Accident Claim and Lawsuit

Various factors can affect the outcome of a truck accident claim and lawsuit. One of the most significant factors is the severity of the injuries and damages sustained in the accident. Cases with more severe injuries and extensive property damage typically result in higher compensation, as the injured party requires more substantial financial support for medical treatment, rehabilitation, and potential loss of income. The degree of fault is also crucial, as it determines the extent to which each party is responsible for the accident. In some jurisdictions, if the injured party is found to be partially at fault, their compensation may be reduced accordingly. With recent changes in Florida law, if the company is not more than 50% at fault, you recover nothing.

The strength of the evidence gathered in support of your claim is another vital factor. Compelling evidence, such as witness statements, accident scene photographs, and expert testimony, can significantly strengthen your case, increasing the likelihood of a favorable outcome. Additionally, the experience and skill of the lawyers involved play a critical role in the outcome of a truck accident claim and lawsuit. An attorney who is well-versed in handling truck accident cases can navigate these factors effectively and devise strategies tailored to your specific situation. By having a skilled lawyer on your side, you improve your chances of receiving fair compensation for your losses, giving you the financial support needed to recover and move forward from the accident.

a lawyer and client shaking hands after winning their case.


Win Your Truck Accident Claim

If you have been involved in a truck accident, it is crucial to hire a lawyer as soon as possible. Engaging a lawyer early in the process can help protect your rights and interests, ensuring that you receive fair compensation for your losses. A lawyer can also guide you through the complex legal process involved in filing a claim or lawsuit.

Contact Beers and Gordon today to schedule a consultation and learn more about how we can help you get proper compensation. Our skilled and dedicated team will work tirelessly on your behalf, ensuring that you receive the support and guidance necessary for a successful truck accident claim.


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