Trucking Accidents: What’s My Case Worth?
Determining the Value of your Trucking Accident Claim
Being involved in a trucking accident can change your entire life. Collisions with semi-trucks are rarely minor and generally result in severe injuries. Putting a value on someone’s health can be difficult and should not be done hastily. It is essential that you not only seek medical attention if you are hit by a large truck but that you also hire a knowledgeable trucking accident lawyer who will help determine the total amount of damages to seek in your claim.
Settling your Truck Accident Case
If you are hit by a commercial vehicle, their insurance company will likely contact you soon after the accident. Most insurance companies will try to settle your case as quickly as possible to avoid litigation and the ability to determine the full scope of your injuries. Before settling your claim with the negligent party’s representative, you should always contact a personal injury attorney. In most cases, the initial settlement offer is far below the actual value of your claim. Insurance companies are not looking out for your best interest, they want to settle the case quickly for the least amount of money possible. Remember, you have rights and are entitled to compensation.
Scope of Damages in a Trucking Accident Case
If you file a claim against a negligent trucking company or their driver, you will seek damages or compensation for your losses. The amount may be paid through a settlement or awarded by a jury. If you are injured as a result of a semi-truck collision, you might be entitled to the following damages:
- Medical Expenses – including the cost of future medical treatment
- Lost wages or impaired earning capacity
- Child care expenses
- Pain and suffering
- Reimbursement for property damage
- Mental Anguish
This list is far from exhaustive. Every jurisdiction is different. A few jurisdictions bar you from recovering damages if you were even partially at fault for the accident, but the majority still allow you to recover even if you contributed to the accident. Your recovery may be diminished, but you may still seek damages. It is vital that you retain an attorney who practices in the jurisdiction where your claim will be filed. They will conduct a thorough investigation to determine who was at fault and whether contributory or comparative negligence applies. Since most states have adopted a form of comparative negligence, you should still consider pursuing a claim even if you believe you were partially at fault for an accident.
Determining Fault in a Trucking Accident Claim
The first thing you should do if you are involved in a collision with a semi-truck or other large vehicle is to seek emergency medical treatment. Call 9-1-1 from the scene of the accident if you can. Law enforcement can help arrange for an ambulance or Airlift helicopter to transport you to a hospital. They will also begin investigating the crash. A police report can be important in determining fault or liability in your trucking accident case, but a thorough, independent investigation should still be conducted. A leading truck accident lawyer will work with a team of experts to re-create the accident, subpoena safety records, and driving logs and interview key witnesses to the crash. Done during the "discovery" phase of litigation, this will assist in determining if the driver of the truck was negligent or acted with total disregard for the safety of others.
A personal injury lawyer will also help to determine who to file your claim against. With commercial trucking accidents, there may be multiple parties that can be held liable. A trucking company may have multiple insurance policies to pursue a claim against. It is vital that an attorney review your case to determine the maximum recovery available before you settle the claim.
Hiring a Truck Accident/Injury Lawyer
If you were injured by a semi-truck or other commercial vehicle, you might be entitled to compensation. You need to contact an attorney immediately to determine the value of your claim and who to pursue damages against. Do not wait until it is too late to file a lawsuit against a negligent driver or their company.
Call our offices today at 844-913-7900 for a free consultation.
Brake problems, tire problems and other equipment failures
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