How a Trucking Accident Attorney Can Help Support Your Case
Jul 12, 2024
Tractor trailers are often described as the kings of the road. The average semitruck is more than 10 times as heavy as the average vehicle, which means crashes often lead to devastating injuries. If you or a loved one was seriously injured in a truck crash, a trucking accident attorney can help you get the compensation you need to recover.
The Role of Trucking Accident Attorneys
A truck accident attorney is best viewed as a guide through the insurance and legal process. Technically, you don’t need a truck accident lawyer when filing an insurance claim or a lawsuit.
Without such a guide, however, you may suffer from the hazards that are present in both processes. Your trucking accident attorney will help in all of the following ways.
Investigating the Accident and Gathering Evidence
Typically, one of the first things your lawyer will do is investigate the accident. The sooner your attorney can get a professional investigator on the scene, the easier it will be for them to find evidence that supports your claim. A truck accident investigator will:
- Talk to witnesses
- Examine the accident scene
- Determine whether any video evidence of the crash has been captured
- Study accident reports
- Examine the damage on all vehicles
- Look at trucking log entries
- Get a copy of the information in the truck’s black box
All this evidence will be used later to support your claim.
Identifying Liable Parties
In the average car accident, the liable parties are typically the drivers of the vehicles involved in the crash. However, in a truck accident, other liable parties may also include the trucking company and the manufacturers of the truck’s parts. Your attorney will identify potential ways that any of these parties might be responsible for the accident.
Navigating Federal and State Trucking Regulations
One of the complicating factors when determining potential liability is the federal trucking regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). For example, these regulations limit how many hours a truck driver can drive each day and week. If the driver is violating them, that could be evidence of negligence.
An experienced truck accident lawyer is familiar with all state and federal regulations. This knowledge allows them to immediately start looking for violations when evaluating the evidence.
Handling Insurance Companies and Negotiating Settlements
Do you know how much it will cost to fully recover from a compound leg fracture? Unless you are a personal injury lawyer or an insurance adjuster, it’s likely that you don’t. There are almost countless expenses involved in recovering from a serious truck accident injury. You will usually require compensation for:
- Medical bills
- Lost wages
- Post-care therapy
- Assistance services like nursing or transportation
- Medical devices like a wheelchair
If the other driver was responsible, you may also be eligible for pain and suffering. An experienced attorney can calculate the value of those expenses reasonably precisely. They also know how to preserve evidence that will prove that value to the insurance company.
This puts the attorney in a position to negotiate for a fair settlement. Without that information, a settlement offer from the insurance company may look reasonable even though it severely undervalues the compensation you need.
Proving Negligence and Liability
Before an insurance company will agree to a settlement, you need to prove that their client was liable for the accident. That means your attorney needs to show they were negligent.
The evidence your lawyer collected at the start of the process is key to proving negligence. Your attorney combines that information with their own strong knowledge of the law to show that the other party acted inappropriately.
This is the same evidence that your lawyer will use in court if your case goes to trial. The lawyers at an insurance company are usually just as experienced as your attorney and can determine how a jury is likely to respond to that evidence. Usually, this means that if you can prove your case to the insurance company, you don’t need to go to trial.
Pursuing Adequate Compensation for Your Injuries
Your recovery isn’t complete until you have paid back any costs or expenses incurred from your injuries. Thus, your lawyer needs to ensure you receive adequate compensation for those injuries.
When the insurance company makes a settlement offer, your attorney will discuss it with you and let you know whether they believe that it fairly compensates you. This gives you enough information to choose to either accept the offer or pursue damages through litigation.
FAQ
How Long Do I Have to File a Lawsuit in Wyoming?
The Wyoming statute of limitations for personal injury claims is four years. If you wait more than four years after suffering an injury in a truck accident, the court will dismiss your lawsuit.
What Can I Do if an Insurance Company Denies My Claim?
If you are represented by a lawyer, the insurance company is unlikely to deny your claim. But even if you are not, you can hire a lawyer who will either attempt to appeal the decision or file a lawsuit on your behalf.
Is There Anything I Shouldn’t Do After a Truck Accident?
Yes. You should avoid discussing your accident on social media. Insurance companies will scrounge your social media accounts for any mention of the accident. Anything you say there can potentially be used to deny your claim or lower your compensation.
Contact a Trucking Accident Attorney at The Spence Law Firm Today
The Spence Law Firm has a long history of helping victims of truck accidents receive fair compensation. If you or a family member was seriously injured in a truck accident, contact our law firm immediately to discuss your case with an experienced personal injury lawyer.
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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.