Truck accidents can have terrible consequences, often leaving victims with severe injuries, financial burdens, and emotional trauma. While it’s true that only about 1% of large truck accidents are fatal, the impact can still be immense, given the size and weight of these vehicles. According to Forbes Advisor, in 2020 alone, there were 415,444 truck-related accidents, of which 4,444 resulted in fatalities. Unfortunately, fatalities increased further in 2021, claiming 5,788 lives.
Even in non-fatal situations, the results of a truck accident can be stressful. Medical bills, lost wages, vehicle repairs, and long-term care costs quickly pile up. Since trucking companies and their insurers often have legal teams working to minimize payouts, consulting an experienced truck accident lawyer becomes essential.
So when to consult a lawyer for a truck accident? Here, we are providing the key scenarios in which consulting an attorney becomes essential:
You or a Loved One Sustained Injuries in the Accident
If you or a family member sustained injuries in a truck accident, you have the right to pursue compensation. Serious injuries, such as fractures, head trauma, or spinal cord damage, often require both immediate medical care and long-term rehabilitation. An attorney can help account for current and future medical expenses related to your injuries, including:
- Ambulance Fees
- Follow-Up Doctor Visits
- Physical Therapy
- In-home Nursing Care.
Your Injuries Prevent You from Working
Injuries sustained in a truck accident can severely impact your ability to work, resulting in lost wages and diminished earning potential. If your injuries necessitate time off work, you can seek compensation for the wages you missed during recovery.
In cases of permanent disability, you may also be eligible for compensation for reduced earning potential. It includes scenarios where you cannot return to your previous job or must switch to a lower-paying position due to your injuries.
The Insurance Company Won’t Pay for Their Losses
If your insurance claim is denied or the settlement offered does not adequately cover your damages, you may need to pursue legal action to secure fair compensation. Insurance companies often try to minimize payouts, which can lead to disputes over the extent of your losses.
The Liable Party Won’t Admit Fault in Multi-Party Accidents
Truck accidents can involve several liable parties, including trucking companies, vehicle manufacturers, or other drivers. In some cases, the party responsible for the truck accident may refuse to accept liability, complicating the claims process. This can occur for various reasons, such as the driver claiming they were not at fault or their insurance company disputing the circumstances.
When liability is contested, legal action may be necessary to prove fault through evidence, witness testimonies, and accident reconstruction. The process may involve negotiating with multiple insurance companies and understanding how state laws regarding joint liability apply.
You Suffered Emotional Distress
If the truck accident caused you significant emotional distress or mental anguish like anxiety, depression, or post-traumatic stress disorder (PTSD), you may be entitled to compensation for pain and suffering.
You Encountered Complicated Legal Issues
Some truck accident cases involve complex legal matters, including regulatory violations or unique liability issues. For example, if the truck driver violated federal safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA), such as driving beyond Hours of Service (HOS) limits or failing to maintain the truck properly, this can provide strong evidence of negligence, which could impact your claim.
You Experienced Property Damage
Accidents often result in significant property damage, such as to your vehicle or personal belongings. Pursuing compensation for repair or replacement costs is essential for restoring your property.
Role and Responsibilities of a Truck Accident Lawyer
Let us learn how can a truck accident lawyer help victims understand the complex aftermath of an accident:
Legal Consultation and Case Evaluation
One of the primary roles of a truck accident lawyer is to provide legal consultation to clients. They evaluate the specifics of each case to determine its merits and identify whether the client has a valid claim and what steps should be taken next. Lawyers analyze the accident’s circumstances, the injuries’ severity, and the potential for compensation.
Investigation and Evidence Gathering
In order to determine fault, it is their duty to undertake a thorough investigation into the accident. An important part of this process is collecting evidence at the site of the accident, including statements from witnesses, medical records, police reports, and photographs. Further investigation into possible violations of federal trucking regulations, as well as the truck’s maintenance records and driver logs, may be conducted.
Calculating Damages and Negotiating
A lawyer’s responsibility is to negotiate with insurance companies on behalf of their clients. Insurance companies often aim to minimize payouts, so attorneys negotiate to ensure that clients receive fair compensation for their injuries. Truck accident lawyers calculate damages accurately by assessing current and future medical expenses, lost wages, and compensation for pain and suffering.
Representing Clients in Court
If negotiations fail to yield a satisfactory settlement, truck accident lawyers are prepared to take the case to court. They will present the evidence, articulate the arguments, and advocate for their client’s rights in front of a judge or jury.
Ensuring Compliance with Legal Deadlines
Each state has specific deadlines, known as statutes of limitations, for filing personal injury claims. A truck accident lawyer ensures that all necessary documents are filed within these timeframes. Missing these deadlines can result in losing the right to seek compensation, making timely action critical.
Wrapping Up:
In contrast to car accidents, truck accidents often result in severe injuries and significantly higher economic consequences, with treatment and recovery costs quickly reaching hundreds of thousands of dollars.
If you’re unsure what to do after a truck accident, consult with Accident Defenders. They can help you manage the legal maze, ensuring that you understand your rights and options.
