Accidents involving large trucks come with consequences that go beyond that of passenger vehicle crashes. Semi-trucks and tractor-trailers are much heavier and larger than regular cars and trucks, which makes accidents deadlier and more likely to result in serious and catastrophic injuries. According to statistics, in 2022, there were 168,320 large truck crashes that resulted in more than 76,180 injuries and 5,370 fatalities. Although these numbers are staggering on their own, each injury creates a ripple of life-altering events and mountains of medical debt that many can’t pay on their own.
If you’ve been injured in a truck crash, filing a lawsuit is important for protecting your future, but the journey isn’t straightforward. Here’s what you need to know about what happens when you file a truck accident lawsuit.
1. You need a lawyer to get a fair settlement
Don’t try to settle your truck accident claim on your own – hire a lawyer and file a lawsuit. The odds are not in your favor when you try to go it alone. The insurance adjuster will lowball your settlement offers even when you try to negotiate for a higher payout. The amount they’ll offer will be extremely small compared to what you can recover through a lawsuit with an attorney.
Truck accident injuries don’t just send you to the ER and a few doctor’s visits. They can create additional medical bills for months or even years down the road. Insurance companies aren’t always going to consider your future bills realistically. For example, if you suffered a spinal cord injury or a traumatic brain injury, you could be looking at long-term physical therapy. If you haven’t consulted with a professional to estimate your future medical bills, there’s a good chance you’ll get shortchanged by the insurance adjuster’s offer. That’s why you should never accept a settlement offer without speaking to an attorney first.
Personal injury lawyers have the skills and experience needed to get you a fair settlement. Best of all, insurance companies won’t play games with a lawyer. As soon as you bring in legal help, the insurance adjuster knows they have to start playing fair.
2. Liability will be determined
Not all crashes involve one at-fault driver; sometimes passenger vehicles are legally determined to share responsibility for the crash. Be prepared for the possibility of being held partially responsible for the accident, but know that doesn’t automatically mean you won’t get compensation. If you are determined to be partially at fault, it will reduce your compensation proportionately.
Sometimes the truck driver is determined to be at fault. Common at-fault behaviors attributed to truck driver negligence include speeding, fatigue, distracted driving, or driving under the influence. The same can be true for passenger vehicle behaviors. However, smaller vehicles can also contribute to crashes by driving in a truck’s blind spot or driving recklessly.
It’s also possible for employers, companies, and manufacturers to be held responsible. For example, if the truck accident was caused by a blown tire, faulty brakes, or malfunctioning electronics, that could make the manufacturer partially responsible. And if the road became a hazard because it wasn’t properly maintained, local governments can become defendants as well.
3. You’ll need extensive documentation
Winning a truck accident lawsuit requires documentation, and the more you have, the stronger you can build your case. Make sure you have the following:
· Medical expenses. This includes a log of visits to the ER, doctors, specialists, and hospital stays, as well as receipts for prescriptions, tests, and anything else related to medical care.
· Lost income and reduced earning potential. This includes what’s lost while taking time off and future lost wages based on when you’re expected to recover.
· Pain, suffering, and emotional distress. Keep all notes related to therapy, appointments, and personal diaries. You might need to have family members testify regarding how the accident has impacted you emotionally. Pain and suffering can be compensated alongside your medical bills.
· Property damage. This includes vehicle repairs and rental cars.
· Misc. costs. Miscellaneous costs can include any expense you incurred as a direct result of your injury, like household services needed during your recovery.
The more evidence you can provide, the more likely you are to receive fair and generous compensation.
You deserve the full value of your claim
Settling a car insurance claim on your own can feel like a relief…until you realize you’ve been shortchanged. Don’t make this mistake. Start strong by hiring a lawyer to handle your case. They’ll know exactly how to quantify non-economic damages, bypass lowball tactics, and get you the compensation you deserve.
