Tractor-trailers, big rigs, and other large trucks traverse area roadways daily. However, when one of these large vehicles hits a smaller passenger vehicle, motorcycle, bicycle, or pedestrian, the individual on the receiving end usually suffers the more significant injuries.
If you sustained injuries in a truck crash that resulted from negligent driving, then you may file a personal injury claim with the negligent truck driver or trucking company’s insurer.
Insurance companies are not interested in fully or fairly compensating accident victims for their injuries, and make filing an insurance claim a highly tedious uphill battle
Instead, they want to pay as little monetary compensation as possible to satisfy a truck accident claim. Therefore, you need a knowledgeable truck accident attorney in your area who aggressively fights for your legal interests and helps you recover the monetary damages you deserve.
Your truck accident attorney can first meet with you to discuss your accident circumstances and develop a plan for moving forward. Your attorney can begin gathering essential documents on your behalf, submitting a claim to the insurance company, and negotiating with claims adjusters in your case.
If the insurance company adjuster handling your case will not offer you the fair monetary recovery you deserve, your attorney can file a lawsuit in the state court system against the negligent truck driver, trucking company, or another negligent individual or entity and litigate your case to efficient resolution.
Throughout the entire process, your lawyer will keep you informed of all updates in your case, answer your questions, and guide you to make intelligent, informed decisions that will maximize your overall monetary award.
How Do Truck Accidents Happen?
Truck accidents usually happen when truck drivers and trucking companies make serious mistakes. Most truck accidents result from driver error and negligence.
Truck drivers may behave negligently and cause accidents when they operate their trucks distractedly. Distracted driving can take many forms, but it typically occurs when a driver fools with their GPS navigation system, texts on a cell phone, or turns their head away from the road for any other reason. When a driver looks away, even briefly, they might fail to see an approaching vehicle or pedestrian and bring about a serious accident.
Additionally, some truck accidents result from road-rule violations. When truckers violate these traffic laws by speeding, failing to use their mirrors, failing to use turn signals, or failing to yield the right-of-way to other traffic at intersections, they may cause a severe collision.
An accident may also happen when a truck driver or trucking company fails to follow motor carrier regulations. These regulations set load limits for trucks and offer instructions on properly loading and unloading cargo. They also describe the proper methods for securing cargo to the truck bed and reasonably maintaining the tractor and trailer.
When truck drivers fail to follow these regulations, their trucks may become top-heavy, causing them to roll over in the middle of the road and cause a series of accidents.
Additionally, if the truck driver or trucking company fails to properly secure cargo to the truck, the shipment can slide off into the middle of the road and cause a serious accident.
Truck accidents also occur when drivers become fatigued. This fatigue usually happens when people drive for long hours without stopping to take breaks or sleep. Trucking companies often incentivize this behavior when they offer drivers significant commissions for delivering their cargo to its final destination ahead of schedule.
If a truck driver becomes drowsy while behind the wheel, they can lose their concentration. Additionally, if the driver falls asleep while at the wheel, their truck may spin out of control, causing a series of accidents.
Serious truck accidents may also happen when drivers rush to get to their destination. They may resort to aggressive driving maneuvers, called road rage. When drivers become angry while on the road, they might speed, tailgate other vehicles, or weave aggressively in and out of traffic. These aggressive driving behaviors may cause a severe traffic accident with one or more vehicles.
Finally, some truck crashes occur when people drive while intoxicated. When truck drivers operate their vehicles while intoxicated, they may lose control, causing severe accidents. They might also experience dizziness and blurred vision, preventing them from noticing other nearby vehicles. In addition, they may experience delayed reaction time, preventing them from stopping their truck in time to avoid a crash.
You are not alone if you suffered injuries in a truck accident resulting from a truck driver or trucking company’s negligence. A skilled truck accident lawyer can explore various legal options for your case and file a timely claim with the appropriate insurance company.
Who Is Responsible for a Truck Accident?
Several individuals or entities may share in the responsibility for a truck accident. Potentially responsible parties for truck crashes may include negligent truck drivers, the trucking companies that employ drivers, truck maintenance and repair facilities, and truck part manufacturers.
An experienced truck accident attorney in your area can identify potentially responsible parties for your truck accident and bring the appropriate claim or file a lawsuit, depending upon the circumstances. Your attorney will pursue the maximum monetary compensation available to you from the insurance company.
How To Prove a Truck Accident Claim or Lawsuit
To recover monetary compensation in a truck accident claim or lawsuit, the injured accident victim must satisfy several legal elements.
First, the accident victim must show that the truck driver, trucking company, or other responsible party behaved unreasonably under the circumstances. In the case of truck driver negligence, for example, the truck driver must usually have violated one or more traffic laws, such as by failing to yield the right-of-way, operating their vehicle while intoxicated, or operating their vehicle in a distracted manner.
Alternatively, the trucking company that employs the driver might have hired or retained a driver with a known poor driving record. Next, the injured truck accident victim must show that as a direct result of this negligence, both the trucking accident and their physical injuries and other losses occurred.
To prove the legal elements of a truck accident claim, your attorney can retain an accident reconstructionist, medical expert, or other expert to testify in your case. For example, an accident reconstructionist can visit the scene of the occurrence, review police diagrams, speak with witnesses, and draft a report about the likely cause of your truck accident.
An expert medical provider can evaluate your medical condition and determine that your injury or injuries directly resulted from the accident. A medical provider can also establish that one or more of your injuries are unlikely to get better over time.
If you suffered a permanent injury in your accident, you may recover monetary damages for your anticipated medical costs and/or for your ongoing pain, suffering, and inconvenience.
Filing a Personal Injury Claim After a Truck Accident
Following a truck accident, your attorney can file a personal injury claim, usually with a truck driver or trucking company’s insurer. To prepare your claim, your attorney will draft a settlement demand letter that makes a monetary demand for settlement compensation within the truck driver or trucking company’s insurance policy limits.
Your lawyer will also gather the necessary documents to include with your settlement demand package. These documents may include copies of witness statements, photographs of the accident scene, police reports, injury photographs, property damage photographs, medical bills, and medical treatment records. Upon receipt, the insurance company adjuster will review these documents and decide whether or not to accept fault for the truck accident.
If the insurance company accepts fault for the accident, then your attorney can begin negotiating a fair settlement offer from the adjuster. Truck accident cases do not resolve overnight, and it may take several rounds of negotiations over the course of several months before the adjuster significantly increases their initial offer.
Settling these cases takes a long time because of unreasonable insurance companies. They want to pay out as little money as possible to resolve a truck accident claim and will continually challenge the accident victim’s version of events as well as the validity of their injuries. For example, they might argue that the accident victim’s injuries did not result from the truck accident.
Your truck accident lawyer can aggressively negotiate with the insurance company representative on your behalf and work to obtain a fair settlement offer that fully and fairly compensates you for all your injuries.
If the adjuster does not make a reasonable settlement offer in your case, your lawyer can file a lawsuit and litigate your case to a resolution in court.
Truck Accident Litigation in the State Court System
During the litigation stage of a truck accident case, the matter may still reach a resolution out of court. However, the court will establish various deadlines for certain milestones of the case, including a deadline for the completion of oral and written discovery, a settlement conference date, and a civil jury trial date.
Your attorney can represent you at all legal proceedings throughout the litigation and can make intelligent, informed decisions, including whether you should accept a pending settlement offer from the insurance company. Suppose your case must go to a civil jury trial.
In that case, your lawyer can aggressively represent you, call witnesses, enter testimony on your behalf, and pursue the highest monetary compensation available. In addition, instead of taking your case to trial, your lawyer can pursue one or more alternative dispute resolution (ADR) options, such as binding arbitration or mediation.
Potential Monetary Recovery Following a Truck Accident
Suppose you can prove the required legal elements of your truck accident claim. In that case, you may recover various monetary damages based on your injuries, the medical treatment you underwent, and the total cost of your medical care.
Available monetary damages following a truck accident may include compensation for:
- Past and future medical bills
- Lost earnings
- Loss of earning capacity
- Inconvenience
- Mental anguish
- Past and future pain and suffering
- Loss of life enjoyment
- Loss of use of a body part
- Loss of spousal consortium
Your attorney can help maximize the damages you recover in your case and seek the fair and reasonable settlement compensation you deserve.
Insurance companies will underestimate your losses and offer much less than you deserve. Never accept the insurer’s evaluation of your damages. Instead, have a trusted truck accident lawyer determine the compensation you need to cover all your losses. This is the best way to protect your rights.
Contact a Local Truck Accident Attorney About Your Legal Matter Today for More Information
If you recently suffered injuries in a truck accident, time is of the essence. Act quickly because truck accident victims have five years, beginning on the accident date, to file a lawsuit seeking monetary recovery.
Matthew D. Glenn, Truck Accident Attorney
If the accident victim has not filed their lawsuit promptly, they may not recover any monetary damages for their injuries. The sooner you retain legal counsel to represent you for your truck accident injuries, the higher the likelihood of recovering the fair compensation you deserve.
Your Cape Girardeau personal injury lawyer can handle every step of the claims-filing process by gathering important documents in your case, assembling them into a settlement demand package, and aggressively negotiating with insurance company adjusters.
If the adjuster does not offer you fair monetary damages, your lawyer can take your case to court and maximize your total litigation award.