Truck accidents have traumatic consequences, and the sad thing is they happen often. According to data on the Government of Canada website, straight trucks and tractor-trailers or semi-trucks account for higher injury collisions and fatalities. How do you recover following a crash involving a truck? The aftermath of car and truck accidents can get complicated, forcing you to deal with serious injuries that affect your emotional and financial well-being. While no amount of money can restore your life to normal after a truck collision, seeking compensation can help you cover medical expenses and other financial needs you have. This article aims to provide all the critical steps in pursuing a trucking accident lawsuit successfully.
Seek Medical Attention
Winning compensation for a truck accident is only possible if you can provide medical records. The truck company’s insurance provider might argue that your injuries are not the result of a truck collision or are not significant enough to warrant any compensation. With that said, seek medical care immediately after the crash and make sure to follow up with the recommended treatment.
Consult a Truck Accident Attorney
Contacting a lawyer while you are still at the accident scene is wise. But if you did not because you were in a critical condition or did not know what to do, do so now. As truck accident lawyers at Cohen, Feeley, Altemose & Rambo mentioned, dealing with a truck accident case can be overwhelming. But with an accomplished lawyer, you can navigate complex legal matters effortlessly.
Are you curious about how a lawyer will help you? First, they will help you understand your rights in a truck accident case. They will then offer legal guidance on pursuing a lawsuit against the parties responsible for the truck accident. After discussing your legal needs, a skilled lawyer will start gathering information relevant to your case. Since truck accident cases require proof, your attorney will send a letter of spoilage to protect evidence.
Collect Evidence
To get compensation, you need to prove the collision was the direct cause of your injuries. And there is no better way to do so than by providing evidence. With the help of your legal representative, you can gather all the evidence required to strengthen your claim. What evidence will you look for?
- Official police reports provide essential details like the location of the accident, injuries, property damage, and citations issued.
- Photos or videos of road conditions, injuries, and vehicle damage captured by you, eyewitnesses, an attorney, or traffic cameras can help confirm accounts.
- Medical records include documentation of treatment following the accident, missed workdays, and long-term prognosis.
- Commercial vehicle records: the truck’s log, maintenance reports, driver qualification, and service hours can show negligence.
- Witness statements and narratives from people who observed the crash can help determine liability.
Your lawyer could also find an expert analysis of the truck’s condition to determine what caused the accident.
Start the Negotiation Process
What follows next is the negotiation process. Your attorney will contact the truck’s company insurance provider and state the amount of settlement you are pursuing. According to Forbes, the type of personal injury compensation you can pursue includes:
- Medical expenses
- Disfigurement and disability
- Lost wages
- Future medical bills for permanent injuries
- Loss of capacity to work
- Loss of enjoyment of life and companionship
- Property damage
Insurance companies will always find an excuse to offer a low settlement or deny responsibility. With that in mind, know beforehand how much compensation you are seeking.
File a Truck Accident Claim in Court
Most truck accident claims end in the negotiation phase, but when negotiation attempts fail, you may need to take the lawsuit to court. An attorney may also suggest filing a trucking accident claim in court earlier. The trial is a good choice as it helps determine the cause of the accident and the parties’ liability.
Something unique about trucking accident cases is that you may sue multiple parties: the truck driver, trucking company, vehicle manufacturer, or maintenance company. For example, you may sue the trucking company if they demand the driver to work excess hours. Extending work hours leads to driver fatigue, increasing the risk of a collision.
If the truck had defective parts, you could hold the vehicle manufacturer accountable for the accident. The driver is liable for the accident if they were speeding or driving under the influence of alcohol or other substances. During the trial, your attorney will present all the evidence gathered, and the jury will assess every account of the crash. Your chances of getting the justice you deserve increase by ensuring all the parties at fault face criminal charges and pay a fair settlement.
Conclusion
If you think of the size and weight of straight trucks and tractor-trailers, you may wonder how one recovers from an accident involving a truck. Filing a truck accident lawsuit might not cross your mind while you recover from your injuries. But it is the most viable way to recover following a crash. The process is stressful, and you can only succeed by following the abovementioned steps.
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