If you’ve been hurt in a truck accident and are looking to file a claim or lawsuit, you’re not alone. You should be aware, first and foremost, that litigation may be optional. The American Bar Association reports that many plaintiffs can acquire the compensation they require without resorting to litigation. Each situation is unique. You have the option to sue the party accountable for your damages if negotiations with the insurance company are unsuccessful or if they completely reject responsibility.
Claims and lawsuits involving truck accidents are complex processes that encompass:
- The process of collecting information can establish carelessness and decide who is legally liable for your injuries
- Trying to figure out what went wrong by looking into your accident
- When negotiating a settlement with the defendant, it is necessary to file a demand letter for damages.
- Trying to work out a settlement with the trucking company’s insurance
Within a few days after the accident, you might have a resolution to your case. The claims procedure and litigation, however, can sometimes go on for months. The statute of limitations is two years following the date of the accident. Your ability to seek restitution for your losses may be impaired if you wait too long to take action.
Types of Accidents
The following are examples of truck accidents:
Rear-end Collisions
Rear-end collisions are accidents in which one car is struck from behind by the vehicle ahead of it. These incidents happen frequently and for many reasons, like when drivers aren’t paying attention and don’t keep a safe following distance or when the car ahead of them slows down or stops.
Rollover
When a truck tips over onto its rear end or roof, it causes a rollover accident. This type of accident can cause significant damage, injuries, or even death. The enormous size and weight of trucks make these collisions particularly risky.
Jackknife
Accidents involving a truck that causes the trailer to fold into one another at an acute angle, like a folded pocket knife, are called jackknife accidents. This happens when the tractor loses control or skids.
Underride
When a passenger car is involved in a collision with a truck and slips under the trailer, this is called an underride accident. Due to the tremendous collision on the passenger vehicle, this type of accident can inflict catastrophic injuries and fatalities, especially if the truck is moving at a high speed.
Truck Accidents Involving Falling Goods
Driver carelessness, incorrect truck maintenance, loose or poorly loaded cargo, and inadequate loading are all potential causes of this type of accident. Serious harm, including loss of life and property damage, can result from such incidents.
Truck Accident Claims
An injury demand letter may be necessary when claiming compensation from the insurance company involved. This is your chance to lay out your losses, how they’ve affected your life, and how you intend to sue if your request isn’t granted. To help the insurance company understand what you consider to be a reasonable settlement offer, you can also attach a detailed summary of all the damages you’ve suffered.
Once claimants receive the necessary coverage from their insurance company, the recovery procedure often comes to a close. Unfortunately, not all insurance providers act in their customers’ best interests. You might consider going to court if the insurance company either refuses to pay out your claim or keeps offering settlements that are inadequate to cover your costs.
Truck Accident Lawsuits
As an example, suppose a truck driver who was too tired to operate the vehicle hit you. Both the driver and employer could be kept liable in such a case if the driver was at fault for the crash and the employer was imposing unreasonable delivery schedules. Insurance firms do not face legal action. The insurance company’s representatives may be the targets of these lawsuits.
“Discovery” is the process that all parties involved will go through before your lawsuit starts. During this phase, the attorneys will examine the case details and gather evidence. Information on the accident may be exchanged between the plaintiff’s and defendant’s attorneys at this point.
If you want your case to win, you must:
- Present proof of wrongdoing and responsibility
- Prove how much money and other forms of value you lost.
- Keep a number that stands for the amount you stand to lose.
- Make your case that the at-fault party ought to pay for your accident-related bills.
In a personal injury case, the decision of the attending judge will determine the outcome of your case. Litigation is fraught with difficulty and worry, so many claimants opt to hire attorneys to safeguard their rights.
Legal Process for Truck Accidents
The following are the usual procedures for a personal injury claim in court:
- Quick medical treatment is essential in the event of an injury; therefore, don’t hesitate to visit a doctor as soon as possible. You should get medical attention for any injuries and be sure to document them.
- Get an injury lawyer who is well-versed in the laws of Florida. To find out if your claim is valid, they can assess your case and give you advice based on their evaluation.
- Your lawyer can investigate the truck accident case and collect crucial evidence in a timely manner, ensuring that it remains available in your favor. Evidence gathering may involve gathering accident reports, medical records, witness statements, and other pertinent documents.
- The next step is for your attorney to notify the insurance company or liable parties of your injuries and submit a claim on your behalf. Your injuries, damages, and desired compensation will be detailed in a demand letter that they will draft.
- It is possible to reach a settlement or negotiate a settlement with the other party before a lawsuit is ever filed. Together with you, your attorney will negotiate a settlement with the insurance company and, in certain instances, the defense attorney assigned to the case prior to litigation.
- If your attorney suggests not negotiating a settlement with the other party or their insurance before filing a lawsuit, or if you and the other party are unable to reach an agreement, your attorney may initiate legal action. Representing you in court, completing the appropriate papers, and starting the legal process are all part of this. To try to establish fault and seek compensation, your lawyer will put your case forward throughout litigation, using facts and arguments.
- The next step is the trial. The judge will reach a verdict and, if necessary, decide on the compensation amount.
- Keep in mind that the particulars and duration of a personal injury claim could differ from one instance to the next and from one jurisdiction to another.
The Orlando personal injury lawyer at DWK Law can help you get compensation from the responsible party in the event that you or a loved one is seeking redress following a recent truck