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6 Considerations Before Filing a Truck Accident Lawsuit

Jun 16, 2023

Road traffic crashes remain a leading cause of death in the U.S. for people aged between 1 and 54. The Centers for Disease Control and Prevention (CDC) reports that more than 1 in 3 long-haul truck drivers have been involved in severe crashes during their careers. Being involved in a crash with a semi or 18-wheeler often turns out disastrous. Luckily, you have legal rights and options after an accident.


Questiotruck accident lawyers like, "Who is liable in a truck accident?" "What is the average settlement for an 18-wheeler accident?" "What to do after a truck accident?" may surface after a truck wreck. While you may not need to sue anyone after an accident, you can technically file a truck accident lawsuit against any party, including the at-fault driver, and recover damages for your injuries or losses.

If you are involved in a wreck with a big rig in Wyoming, things can get more complicated than they might after other types of auto accidents. Understanding the laws involved, the causes of trucking accidents, liable parties, truck accident lawsuit settlements, and the factors to consider before filing a trucking accident lawsuit is critical. This may help you determine whether you have a valid commercial truck accident lawsuit in Wyoming.

6 Key Factors To Consider Before Filing a Truck Accident Lawsuit

It's best to contact a truck accident lawyer near your area to discuss your case. Your attorney can help you understand critical factors that you should consider before filing a truck wreck suit, including:

1. Who the At-Fault Party Is

When you are involved in an accident with another passenger vehicle, claims typically involve both drivers and their insurance companies. But if the accident involves a commercial truck, many parties may be involved in the case, including:

  • The truck driver
  • The trucking company
  • The owner of the truck
  • Contractors
  • Manufacturer of the cargo
  • Truck manufacturers
  • Cargo loader
  • Insurance company

To help determine who is liable for your accident, your truck accident attorney will try to answer these questions before proceeding with your lawsuit:

  • Did the trucker make an error?
  • Was the trucker impaired?
  • Was the truck involved in any form of mechanical failure?
  • Were Federal Motor Carrier Safety Administration (FMCSA) regulations violated?

If any answer to the above questions is "yes," then you may have grounds to file a commercial truck accident lawsuit.

2. Hiring a Truck Accident Attorney

As soon as you finish handling all urgent, life-threatening emergencies, start looking for a reputable truck accident law firm to handle your case. Hiring an experienced lawyer to help you with your truck accident lawsuit is your best bet at securing the best possible compensation. A lawyer can handle settlement talks with the insurance company on your behalf while you rest and recover. They can also represent you in a lawsuit if the insurer doesn't offer fair compensation for your damages. 

3. Statute of Limitations for Truck Accident Lawsuits

Did you know that states, including Wyoming, have time limits for when truck accident victims can bring truck accident lawsuits? 

This means you won't be able to file a semi-truck accident lawsuit after a specific deadline. Since statutes of limitations differ in every state, it's advisable to check your state's laws to make sure you can still file a lawsuit.

In Wyoming, truck accident victims have four years from the date of injury to file lawsuits. If you wish to file a wrongful death lawsuit, you have two years after the passing of your loved one to do so. This doesn't mean you should take your time or wait for four years to file your claim.

You need to enlist the services of an experienced lawyer to help you pursue a fair truck accident settlement. Your lawyers for truck accidents can gather and preserve evidence such as dashcam footage and medical records and talk to eyewitnesses while their memories of the event are still fresh.

4. Your Injuries

If you sustain a severe injury and an insurance company declines to offer you maximum compensation or outright denies your claim, you should consider filing a lawsuit. Your trucking accident attorney can consult with experts in the medical field, including doctors, surgeons, and physical therapists, to understand how your injuries will impact your life and whether you may require lifelong assistance.

Catastrophic injuries that truck accident victims sustain after accidents may include:

  • Traumatic head injuries
  • Spinal cord injuries
  • Burns
  • Organ damage
  • Fractures
  • Paralysis
  • Loss of limbs

Some of the most common types of truck accidents that cause these catastrophic injuries include T-bone accidents, rear-end collisions, rollovers, and underride accidents.

5. Your Damages

If you are a victim of a truck wreck, your damages may include:

  • Medical care and rehabilitation costs
  • Future medical expenses
  • Lost income
  • Vehicle repair costs
  • Pain and suffering
  • Loss of enjoyment of life
  • Disfigurement
  • Permanent disability
  • Emotional distress
  • Punitive damages

However, if you can't reach an agreement with the insurance company regarding the value of your damages, your attorney may advise you to consider filing a truck accident lawsuit. It's important to note that the amount of compensation for your personal injury case depends on the specific circumstances surrounding your case and other factors, such as the quality of the evidence supporting your case and the severity of your injuries.

6. Agreeing on a Fair Settlement or Going to Trial

The main goal of insurance companies is to make money. One of the ways they do this is by paying out as little as possible to policyholders and injured victims. If an insurance company devalues or denies your claim, you should consider hiring the best truck accident attorney to represent you in court.

How Our Team Can Assist You With Your Truck Accident Claim

Getting into an accident can be a traumatic experience, but it doesn't have to ruin you financially. You don't deserve to bear financial burdens brought upon you due to another person's negligent behavior. When you set out to file an auto and truck accident lawsuit, you should keep in mind the statute of limitations, determine who is liable, and hire a lawyer who knows the ins and outs of the truck accident claims process. 

The Spence Law Firm has the best truck accident attorneys in Wyoming ready to help you with your case. Call 800-967-2117 today to schedule your free, no-obligation truck accident case review. We are here to help.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.