After a truck accident, many things happen. You have likely suffered injuries in the crash because very few passenger car drivers walk away completely unscathed. You are dealing with your health and getting the medical treatment that you need to recover to the fullest extent possible. Your physical injuries, however, might make essential tasks, such as hiring an attorney, challenging.
The legal process does not wait, nor does it get put on hold because you need to deal with injuries; you must put yourself in a position to file a claim or a lawsuit quickly. The statute of limitations begins to run at the moment of the accident, and you lose valuable evidence to prove your case within days.
Hire an experienced truck accident lawyer during this time. Then, you can sit back and let them do their job. They can establish your right to total and fair financial compensation if they can gather the proof that someone else caused your injuries.
The time to call a truck accident lawyer is now if you still need to do so. It does not cost you anything from your pocket to contact a lawyer and get their legal help.
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Truck Accident Lawsuits Are Different from Other Personal Injury Cases
On average, truck accident compensation is higher than that in other motor vehicle accidents for the following reasons:
- Because of the disparity in size between the truck and your vehicle, there is a tremendous amount of force unleashed on your car, which can cause serious injuries.
- The trucking companies have at least $1 million in insurance coverage (federal regulations require $750,000 in coverage, but insurance companies will only sell policies for $1 million or more) and likely far more than that to pay for your injuries.
- The trucking companies also have assets beyond their insurance coverage that you can seize if you win a judgment against them.
- Juries may sometimes get very angry at the trucking companies for deplorable behavior and decide to slap them with a large punitive damages verdict that can balloon the size of your award.
How the Insurance and Trucking Companies Try to Thwart Your Claim
With so much money at stake, you can rest assured that the insurance and trucking companies will go into self-preservation mode. They will do everything possible to complicate your claim, muddy the waters, and can save money at your expense, including:
- Blaming you in whole or in part for the truck accident to avoid paying you entirely or try to reduce the amount they owe you. A truck accident lawyer can defend you from wrongful allegations and present your side of the story about what you did in the events leading up to the accident.
- Destroying or failing to retain the evidence you need to prove your case. The trucking company will need to maintain records and other forms of proof, such as black box data, to turn over to you in discovery.
- Dragging out the claims or settlement negotiation process to wear you down and make you more likely to accept an offer for less than your case is worth.
- Making you below-value settlement offers to see what you may accept and to get you to accept less than you deserve.
Your lawyer will both safeguard your legal rights and to fight for you to get everything that you deserve after your truck accident injuries. They will gather evidence to show that someone else was to blame for the accident. Then, the responsible party will need to compensate you for your injuries.
Your Lawyer Gathers Proof That Can Show Legal Responsibility for Your Injuries
There are many more helpful sources of evidence in truck accident cases than in a regular motor vehicle accident claim. Not only does your attorney gather the more traditional evidence to prove liability, but they will also obtain more proof from the trucking companies that can show how they failed to follow the laws.
The entire trucking company may be on trial in a truck accident lawsuit, and if you can prove that it has a culture of non-compliance with federal trucking regulations, you may recover more money.
Your lawyer may seek to obtain records, such as:
- The safety records from the individual driver involved in the crash
- The maintenance and inspection logs for the truck
- Any internal communications regarding the driver's safety and the issues that led to the crash
- Data from the truck's black box
The trucking company will not hand over these forms of information willingly. You will only get them after you have filed a lawsuit with enough evidence to allow your case to continue through discovery.
Not only can your lawyer draft a sufficient complaint to get you over the bar, but they will also vigorously pursue evidence on your behalf during the lawsuit process.
Your Lawyer Protects You From the Insurance and Trucking Companies Overreaching
After your truck accident, the insurance companies step into the picture. They have a contract with the trucking company that obligates them to provide the legal defense to your claim.
You will need to deal with the insurance company if the trucking company does not self-insure.
While the trucking company is fighting for its survival, the insurance companies also have financial motivations. They must pay your claim, up to the policy limits, if the trucking company was responsible for the accident. Depending on the size of the insurance policy, this can cost them a substantial amount of money.
Remember what for-profit businesses can do when their money or existence is at stake. Your claim can cost the insurance company significant money and cause the trucking company to go out of business.
You need an advocate and a fighter to protect you. Chances are that you have suffered severe injuries in the truck accident and must deal with steep financial costs while tending to your health. Your bills pile up while you cannot work.
What Your Truck Accident Lawyer Does Right After You Hire Them
Your lawyer will begin working on your case before you file the claim, performing tasks that you do not have the capacity and knowledge to do on your own, including:
- They will immediately investigate your accident to gather proof of what happened and determine who you can sue.
- They will work with expert witnesses to learn the extent of your injuries and determine how much you may be due in a settlement or jury award.
- They will communicate with the insurance companies on your behalf, keeping them from tricking and trapping you into doing something that will harm your case.
Your right to financial compensation in a trucking accident case can be valuable. You do not want to give it away for pennies on the dollar or completely surrender your right to a settlement.
You Tend to Do Better Financially With an Attorney Representing You
It is not just a lawyer telling you that you do better for yourself when you hire them. Research shows that those with legal representation will have more money in their pocket, even after paying an attorney their share of the settlement or award.
The differences in compensation are far more than just rounding errors. The insurance company may offer you several hundred thousand dollars in a quick settlement, knowing your case is worth much more money, and you may jump at a fast settlement.
However, you will cost yourself a ton of financial compensation and may only realize this once it is too late.
Your lawyer will begin to provide value when they tell you how much you can expect in a truck accident settlement. Then, they will assess your offer and advise whether to accept or reject it.
You do not have to take a settlement offer as the final determination of your legal rights. If you do not receive total compensation for the harm you suffered, you can negotiate and hold out for more money.
Your lawyer's presence gives you more credibility in the negotiation process. The insurance and trucking companies know that a tough lawyer will hold them accountable, potentially by filing a lawsuit in court and taking your case to trial.
When to Hire a Truck Accident Lawyer for Your Case
The time to hire a truck accident lawyer is immediately after the accident; however, you may be unable to contact an attorney because of your injuries. If you cannot call a lawyer, have a family member make the call for you.
A truck accident lawyer may even come to you to discuss your case during a free initial consultation. If you are reading this after a loved one suffered severe injuries in a truck accident, they need legal representation as soon as possible. They have limited time to file a truck accident claim, and a lawyer must investigate the accident and do the legwork for a claim as soon as possible.
In addition, the insurance companies will try to circle the wagons on their own to see if there is anything they can do to stop you from getting the compensation you deserve.
If they know you do not have a lawyer, they may aggressively hound you into speaking on the record or pressure you to take a settlement that pays you pennies.
Your Lawyer Receives Payment From a Percentage of Your Financial Recovery
Your lawyer will receive payment the same way, no matter when you hire them for your case. Whenever you hire them, your lawyer signs a contract that states that they get a percentage of your financial recovery, should you receive one.
That percentage does not change based on when you hire the attorney. Thus, getting a lawyer working for you as soon as possible makes sense. You are not saving money by going without legal representation and only costing yourself money by being unrepresented.
You do not owe your truck accident lawyer money for their time and efforts if you do not win your case. Theoretically, a truck accident lawyer will only accept a case they know has a substantial chance of making money for them. Your truck accident lawyer will only bill you if you win and will not send you hourly bills while your case is pending.
What to Expect From Your Consultation With a Truck Accident Lawyer
During a consultation with a truck accident lawyer, you can expect to receive advice tailored to your specific case. The lawyer will listen to your account of the accident, ask you questions, and get all the information to assess your claim.
The truck accident lawyer will explain the legal process to you in a clear manner. They will outline the steps you might have to take, including insurance claims and, if necessary, a lawsuit. They will tell you about the statute of limitations that may affect your case, and make sure you have a realistic understanding of the potential outcomes.
You can also ask questions and address any concerns in your consultation. A reputable lawyer will take the time to answer your questions honestly and provide you with realistic expectations for your case.
Consulting a truck accident lawyer does not commit you to hiring their services. You can get their opinion on your case and ask your questions without ever hiring them. This alone can be enough to call an attorney and schedule a meeting, even if you are not sure if you have a case.
Do not wait to reach out to a personal injury lawyer for free today. Doing so can only help you; it cannot hurt your situation. The question is not why you need a truck accident lawyer but why you haven’t called one already.
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James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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