Steps for Filing a Truck Accident Lawsuit
There’s been a steady increase in the number of fatal truck accidents since 2021.
While car accidents are still more common, the fatality rate in truck crashes is higher due to vehicle size and limited maneuverability, so it’s not rare that instead of the victim pursuing compensation, it’s the family they left behind.
Whether you’re the injured party or the loved one of someone who died at the accident scene, there are multiple steps to follow to both protect yourself and your legal rights.
What To Do Immediately After a Truck Accident
Accidents involving semi trucks and other commercial vehicles can be traumatizing and dangerous.
Accident victims may be disoriented or injured, but there are still some crucial steps that must be taken to protect themselves and their legal rights.
Below are the steps to take immediately following a truck accident:
- Call 911 and wait for emergency services.
- If possible, move to the side of the road to avoid passing vehicles.
- Exchange information with the parties at the accident scene and DO NOT admit fault.
- Document the accident scene: take videos and pictures of the accident.
- Seek medical attention.
- Contact a truck accident lawyer.
Why You Should Hire a Truck Accident Lawyer
If you have been injured at no fault of your own, a truck accident attorney can help you seek financial compensation for your injuries and damages.
Too often, a truck accident victim is left with costly medical bills and property damage, and instead of pursuing legal action, they accept a payout from an insurance company.
An experienced truck accident attorney can negotiate with the insurance company on your behalf and advocate for compensation that accurately reflects how you’ve been impacted.
Reach out to a truck accident lawyer today for a free consultation and find out if you qualify to file a truck accident lawsuit.
You can also use the chatbot on this page to find out if you qualify for a truck accident lawsuit instantly.
Gather Evidence for Your Truck Accident Claim
Trucking accidents generally produce a considerable amount of evidence.
Different pieces of evidence can help you and your truck accident lawyer prove negligence of at-fault parties and will be crucial in the filing of your lawsuit.
Your truck accident lawyers will help you gather evidence, but you can help them in that endeavor.
Evidence To Gather for Your Truck Accident Case may include:
- Accident reports and police reports
- Testimonies from witnesses
- Surveillance footage from dash-cam or CCTV cameras
- Medical records
- Data from vehicle recorders, such as dash cams and event data recorders
- Reconstructions by insurance companies and law firms
Who Are the Liable Parties in Truck Accidents?
In commercial truck accidents, there could be several liable parties involved — not just the driver.
You can also sue the following other entities and get compensation from multiple parties.
Truck Driver
Since they’re the ones operating the vehicle, truck drivers are usually the first people your lawyer will investigate for liability.
The nature of drivers’ work requires them to be awake for several hours a day, resulting in fatigue.
In fact, the National Transport Safety Board estimates that truck driver fatigue is a major contributor to up to 40% of truck accidents.
Trucking Company
There are certain scenarios when a truck company can be held liable for a car accident.
They might have pushed a driver to take more shifts even if the driver was already tired.
In other cases, they knowingly purchased trucks or components that didn’t pass safety checks.
Hiring unqualified drivers also makes them liable for truck and auto accidents.
Truck Manufacturer and Truck Parts Maker
A fleet manufacturer or parts fabrication company may be liable in truck accident cases if they supplied faulty parts or failed to provide correct usage instructions.
Pedestrians and Other Motorists
In some cases, pedestrians that didn’t follow traffic rules can be held liable if they caused the accident. The same goes for drivers of whatever type of vehicle.
Road Contractor
While difficult to prove, you can still hold a road construction company or independent contractor liable for accidents involving commercial trucks.
If they failed to adhere to safety procedures, and their actions directly led to the auto accident, then they can be involved in the lawsuit.
What Damages Can Get Compensated in a Truck Accident Lawsuit?
There are several types of injuries accident victims may experience.
Damages are the losses you suffer as a result of the truck accident, and there are two (2) types of damages you may be able to get compensated for:
- Economic Damages
- Non-Economic Damages
With a personal injury lawsuit, you can seek financial compensation for damages incurred as a result of a truck accident.
Medical Bills
Physical injuries after semi-truck accidents require medical attention.
While in the hospital, you could rack up bills for the room you’re staying in, treatments, consultations with doctors, and exams.
A personal injury claim can help reimburse these medical costs.
Future Medical Expenses
After your initial recovery from a semi-truck accident, you might still need therapy, ongoing treatments, and additional medication to help you fully recuperate and live a normal life.
These additional expenses can be included in the truck crash lawsuit.
Of course, the amount you’ll receive will vary depending on the extent of treatments you need to fully recover.
Lost Wages
While recovering from semi-truck, large truck, or tractor-trailer accidents, you may not be able to report to work, leading to loss of income.
This damage can be compensated in personal injury cases.
Pain and Suffering
Pain and suffering is a non-economic damage, and it refers to the emotional toll and mental anguish you or a loved one endured after being in a trucking accident.
To calculate this damage, insurance companies usually follow a multiplier based on the victim’s medical bills, wages, and other factors.
The rules vary from state to state.
Loss of Companionship
An accident involving large trucks can result in the loss of life.
Those who lost a loved one may receive compensation for loss of consortium or companionship.
This is another non-economic damage, and there is no precise formula to calculate this.
In general, claimants can get higher amounts if their loved one lost their life.
However, you can still file a loss of companionship claim so long as the truck accident has severely impacted your lives as a couple.
Wrongful Death
A wrongful death claim is meant to provide compensation for the dependents of a person that lost their life after an accident.
If the spouse or children win the case, they will be awarded death benefits by the truck driver or fleet operator’s insurance company.
TorHoerman Law: Your Truck Accident Lawyers
Lawsuits involving commercial vehicles and semi trucks are not the same as those involving just passenger vehicles.
There are nuances that make lawsuits for truck collisions more complex than regular auto accident lawsuits.
TorHoerman Law is staffed with experienced truck accident lawyers who’ve worked on countless personal injury claims over the years.
Our team works diligently with injured clients, representing their claims in the court of law and fighting for their best interests.
If you’ve been injured in a truck accident at no fault of your own, you may be eligible to file a lawsuit and seek compensation.
Contact an experienced truck accident lawyer at TorHoerman Law to schedule a free consultation.
You can also use the chatbot on this page to find out if you qualify for a truck accident claim.
