A tractor-trailer accident can cause broken bones, head trauma, spine injuries, internal injuries, burns, and more. You need the most possible compensation for your losses. Most truck crash claims settle out of court.
Learn more about truck accident claims and lawsuits below. Next, talk to a St. Louis truck accident attorney about your claim. You can recover compensation if another party causes the accident. Talk to your attorney today to find out more.
How Common Are Tractor-Trailer Accidents?
Commercial trucking is critical to the American economy. Tractor-trailers crisscross the U.S. daily and transport raw materials, finished goods, gas and oil, machinery, and more. Without the trucking industry, the country would be unable to function.
However, crashes involving commercial truck accidents are increasingly common. In 2014, 4,000 commercial trucks and buses were involved in deadly accidents in the U.S.
Truck accidents are usually severe and complex and cause devastating injuries. You should retain an experienced truck accident attorney to help if you’re hurt in a truck crash. Obtaining maximum compensation from a truck insurance company is difficult, but your attorney is more than up to the job.
What Is The Process For Going To Court After A Trucking Accident?
First, remember that most truck accident claims are settled out of court. Some studies estimate that 95 percent of all personal injury claims settle. A tractor-trailer accident attorney will attempt to settle your claim for a fair amount. However, the trucking insurance company may contest the severity of your injuries and the losses you claim. If that happens, filing a lawsuit is possible.
Here are the steps that your truck accident claim may involve:
Pre-Litigation
Before your claim becomes a lawsuit and goes to court, there are several steps:
- Free consultation with a truck accident attorney: An attorney will go over your case with you to understand if another party probably caused your injuries.
- Investigation: If your attorney thinks you have a case, they will collect crash evidence, including the police report, driver log, maintenance records, witness reports, cell phone records, and black box data.
- Demand letter: Your attorney may send a settlement demand letter to the trucking insurance company. The letter details the extent of your injuries, lost earnings, medical bills, pain and suffering, and the amount you will accept to end the claim.
- Settlement negotiations: Your truck accident attorney will try to negotiate a settlement to end the claim.
Filing A Personal Injury Lawsuit
If your attorney cannot settle the claim, they will file a personal injury lawsuit. The lawsuit begins after the attorney files paperwork with the appropriate court. Filing a lawsuit involves the legal complaint and the defendant’s response.
Discovery
During this process, the plaintiff and defendant exchange key information and evidence about the truck accident claim. This process will likely include legal depositions, document requests, and the offering of expert opinions on both sides.
For example, your truck accident attorney may call medical experts to testify about your injuries, prognosis, and pain and suffering. Economists and occupational experts may provide evidence about your lost earnings and potentially a loss of earning capacity for a serious injury.
Trial
If a settlement cannot be reached during the pre-trial process, the case will go to trial before a jury. This process includes jury selection, evidence presentation, deliberation, and verdict.
If the jury finds your case in your favor, you will be awarded a certain sum. The money will usually be delivered by wire to your attorney’s office. They will deduct their legal fee.
The vast majority of truck crash claims end with a settlement. It’s usually beneficial for both sides to settle the claim out of court. Why?
First, truck accident lawsuits take time. The case can take months or a year to be put on the court docket. Then, the case can take weeks or months. Do you want to wait that long for compensation for your injuries? Most injury victims prefer a settlement because it’s faster, and the amount is guaranteed once the settlement papers are signed.
Second, lawsuits are expensive and will greatly increase the costs for both sides. However, your truck accident attorney will advise if a lawsuit is best.
What You Can Receive In A Truck Accident Claim
In a truck crash case, if your attorney succeeds, you can receive money for the following damages:
Medical Treatment Expenses
If the trucker or employer was at fault, you should get full payment for your medical treatments. This should include hospitalization, surgeries, copayments, prescription drugs, and physical therapy.
A truck accident attorney will accurately estimate the value of your current and future medical expenses. A severe injury, such as a spine injury, can require six or seven figures of future medical treatments. These future costs must be carefully accounted for.
Pain And Suffering
A truck crash injury can be excruciating, such as multiple shattered bones, amputation injuries, or burns. You should be paid for the pain and suffering from the accident itself and any treatments you have. Also, you may have severe mental and emotional distress from your injuries and limitations.
Lost Earnings
Did you have to take time away from your job after the accident? You should recover compensation for the earnings you lost during the accident and recovery. Also, you can have a permanent disability, so you should receive money for lost earning capacity.
Property Damage
Many truck crashes total vehicles, so you should be paid for replacing your car.
Who May Be Liable In A Truck Accident Claim?
The truck driver is usually to blame for most truck accidents. However, you may recover compensation from other potentially liable parties.
First, the truck company can bear liability for your losses if it employs the driver.
Second, you can hold the maintenance company for the truck at fault if a mechanical issue contributed to the accident. Your attorney will review the rig’s maintenance records to learn if poor maintenance caused the crash.
Third, other entities can cause a truck crash. If the truck rolled over and caused a crash, you can hold the company that loaded the cargo at fault. You can hold a truck or parts manufacturer liable if a defective part caused the accident.
An experienced tractor-trailer accident attorney will carefully review the claim and determine every possibly liable person or entity.
How A Truck Accident Attorney Can Help
When you suffer an injury in a truck accident, you need an experienced truck accident lawyer. The insurance company will exploit you if you don’t hire an attorney.
The insurance adjuster will attempt to deny your claim or pay far less than you deserve. You can have hundreds of thousands or millions in damages, and the adjuster will avoid paying your debts.
A skilled truck accident attorney will never allow you to be underpaid by a shady insurance company.
Some of the critical roles your tractor-trailer accident attorney will have are:
- Explain commercial truck laws and how they apply to your specific case. For example, truck drivers must follow hours-of-service rules promulgated by the Federal Motor Carrier Safety Administration (FMCSA). Truckers can only drive so many hours in a day and seven or eight days. Rest breaks are mandatory. Your attorney will learn if the trucker violated HOS rules, which can bolster your claim.
- Retain doctors, occupational experts, and economists to obtain the most compensation for your claim.
- Negotiate aggressively with the insurance company to maximize your compensation.
- Accurately estimate the value of your medical expenses, lost earnings, pain and suffering, and mental anguish. They also will estimate your losses if your loved one died in a truck accident.
- If needed, take the case to court in a lawsuit and present the evidence to a jury.
- Regularly communicate with you about your claim.
How Much Can A Truck Accident Attorney Get You?
Every truck accident case is unique. So, it’s impossible to say what your claim is worth without a detailed analysis. However, there are two certainties: First, a truck accident attorney will always get more for your claim than you can without legal assistance.
Second, a truck accident claim or lawsuit amount depends on these factors:
The Severity of Injuries
Unfortunately, a serious truck accident can cause horrific injuries. Brain trauma, amputations, severe cuts and lacerations, organ damage, soft tissue injuries, broken bones, spinal cord damage, and burns are possible. Some truck crash victims die, and their families must file a wrongful death claim for compensation.
The extent of your crash injuries will largely dictate the claim’s value. Severe injuries lead to higher medical bills, lost earnings, pain and suffering, etc.
Medical Costs
A truck accident attorney will review your treatments and prognosis to understand your current and future medical needs.
Insurance Coverage
The amount of bodily injury insurance coverage is an important factor in a truck accident claim. You can receive a large personal injury settlement, but the available insurance may be less than your full damages. For example, you can get a $500,000 settlement, but you may not obtain it if they only carry $100,000 in insurance.
Truck companies must carry at least $750,000 of insurance, and often more. Truck accidents usually involve higher insurance amounts that can often fully compensate you. However, you must retain a seasoned truck crash attorney to maximize your payout. Hire a lawyer with a long record of high settlement and jury awards in truck crash claims.
Lost Earnings
Someone with a severe brain injury, spine injury, or amputation may lose extensive earnings from their job. You should receive full compensation for lost earnings if healing from the injury. Some injury victims may eventually go back to work as usual. However, a severe injury may prevent you from working again or in the same capacity.
A permanent disability will lead to lost earning capacity compensation, increasing your settlement.
Evidence Of Fault
The evidence proving fault is also vital to the amount of a truck crash settlement or jury award. If the evidence is overwhelming that the driver caused the wreck, the insurance company may raise the settlement offer to avoid an expensive lawsuit.
Talk To A Truck Accident Lawyer Today
Were you hit by a truck and injured? You shouldn’t handle the claim without an experienced attorney. A truck accident attorney understands the complex regulations and difficult insurance negotiations that are often a part of these complicated cases. Your St. Louis personal injury attorney will prove the at-fault party’s negligence, fully assess your injuries and damages, and ensure you receive maximum compensation for your losses.
Talk to a truck accident attorney in your area today. The consultation is free, and you do not pay legal fees unless your claim is successful. Never pay out of pocket for your truck accident attorney’s services. Everything is taken from your settlement or jury award.
