How to File a Truck Accident Lawsuit

How to File a Truck Accident Lawsuit

The aftermath of a truck accident can be overwhelming in many ways. Truck accident injuries tend to be serious because the commercial vehicle drastically outweighs yours. As a result, a tremendous amount of force gets unleashed on your car in these crashes. The severe injuries and a large amount of insurance coverage mean that you may have the legal right to substantial financial compensation when you can prove that the truck driver, or someone else, was to blame for your accident injuries. However, the legal process following truck accidents takes work. You may even need to file a lawsuit in court before you can receive financial compensation for your injuries.

To give yourself the strongest chance of a great outcome in your truck accident case, hire an experienced attorney to represent you. A truck accident lawyer can give you tactical legal advice, and they can provide you with determined advocacy in your case. Insurance companies may treat you with more respect when they see that you have a truck accident attorney on your side. It does not cost you anything out of your pocket to get legal help from a truck accident attorney.

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There Must Be a Thorough Investigation Before You File a Truck Accident Lawsuit

There must be a thorough investigation of your truck accident before you can go to court with a lawsuit, and you need evidence showing that the trucking company was to blame for what happened. If the truck driver was negligent, you can sue the trucking company under the legal theory of respondeat superior. Trucking companies are responsible for the actions of their employees that occur within the scope of their employment.

You do not need to have every possible piece of physical evidence in your hands when you file the lawsuit, but you will need enough to suggest that the truck driver was to blame for the accident. If you can allege sufficient facts to get you over the bar, you can continue to gather evidence directly from the trucking company during the lawsuit process.

Before you file a lawsuit, your truck accident lawyer will investigate the crash and begin compiling the case you need to succeed in an insurance claim or court. They may talk to witnesses who saw the collision or gather evidence from the accident scene. Your truck accident attorney can work with various expert witnesses to recreate what happened during your accident.

Your Truck Accident Lawyer Must First Quantify Your Damages

Before you can file a truck accident lawsuit, you need to know how much your case is worth, and your truck accident attorney will explain how much to expect in compensation. They can review your situation and work with expert witnesses as necessary to help determine how much you deserve. Insurance companies have a clear handle on the value of your case, so you need to have this knowledge before you move forward legally.

Your truck accident lawyer can work with the following experts to learn the amount of your damages:

• Medical experts
• Vocational experts
• Life care planning experts
• Economic experts

You May Work with the Insurance Company Before Going to Court

Before you file a lawsuit, your truck accident lawyer may advise you to explore the possibility of a settlement with the insurance company in the informal claims process. It may be best to settle your case without needing a trial because there is always some risk when going to court.

Insurance companies may have the motivation to settle your case without the need for a lawsuit, although they only sometimes act this way. The statute of limitations may give you several years to file a lawsuit, so it is worth discussing a potential settlement with the insurance company as your truck accident lawyer develops a lawsuit to file in court.

Alternatively, your truck accident lawyer may feel that court is the best place for you to begin your case. Filing a truck accident lawsuit does not remove insurance companies from the picture; you will see them in court because they provide the insurance defense attorney to represent their client in the legal proceedings. Court gives you another way and place to discuss a potential settlement of your case with the insurance company. Remember, just because you file a court lawsuit does not mean your case will go to trial.

Truck Accident Lawsuits Allow You to Gather Additional Evidence

Filing a lawsuit at the outset may allow you to begin the legal process and give you another way to gather evidence that can allow you to keep building your case. A lawsuit will start the clock on the legal process and put you on track to an eventual date in court in front of the jury. It can take well more than a year for your case to go to trial, so it makes sense to start the lawsuit process once your truck accident lawyer has some evidence about liability and your damages.

Everything depends on the facts and circumstances of your situation. Where you begin your case is also a matter of strategy, as different lawyers may handle your case in varying ways depending on their level of aggressiveness. There is not one answer that is automatically right or wrong.

The Timing of Your Truck Accident Lawsuit Depends on the Circumstances

Here, a combination of civil procedure rules and the court's docket will determine how and when your case moves forward. The first immediate deadline is facing the defendant, who has 21 days to file an answer to your complaint. The defendant has the legal obligation to respond to your factual allegations, and they may deny what you claim or even admit that some facts you allege occurred. The answer allows the defendant to give their version of the facts.

Discovery Is the Crucial Part of the Truck Accident Lawsuit 

Process

You may be surprised to learn that the actual trial is just the capstone of the lengthy legal process, and much happens before that point that can determine whether you are successful at trial. Remember that you still have quite a bit of evidence to obtain to persuade a jury of your entitlement to money. You only have a small fraction of the available universe of proof at the time you file your truck accident lawsuit. Much of your case gets filled in through the discovery process of your trial.

For example, you can seek the following from the trucking company:

• Data from the electronic data recorder that recorded the speed and driving maneuvers of the truck before the accident
• Maintenance and inspection logs for the truck in the accident
• The personnel and driving record of the truck driver in the crash
• Other evidence that can show whether the trucking company complied with federal trucking regulations

This evidence can strengthen the proof you already have or even persuade a jury that the trucking company should be held accountable for the accident. Before filing a lawsuit, your truck accident lawyer will likely direct the trucking company to preserve this evidence before potential litigation.

Then, your truck accident lawyer will speak to essential witnesses who can help your case. Before depositions, you may have yet to hear from the truck driver in their own words. They usually have their own story about what happened to cause the accident, which might differ from yours. Your attorney can get their version of events on the record to ensure they do not change their story.

There might also be other witnesses ready to testify for the trucking company. Your truck accident lawyer can question each witness under oath in a deposition. At the same time, opposing counsel may ask you and the witnesses who may testify on your behalf. Your testimony must be truthful because it can harm your case if you testify at your trial in a manner inconsistent with what you said in your deposition.

Jury Trials Are Rare in a Truck Accident Case

There is a chance that your truck accident lawsuit will go to a jury trial, but your case will rarely see the inside of the courtroom. Roughly four to six percent of personal injury cases will ever go to trial. The chances are higher when so much money is on the line, as in a truck accident case.

However, insurance and trucking companies have every reason to be terrified of a jury. They fully understand the potential for a nuclear verdict that can put the trucking company out of business. An angry jury may find a great deal of fault with the trucking company's actions and may see the need to make an example with the jury verdict. That is the last thing trucking companies want, especially when they know they have a high degree of fault.

Why You Need a Truck Accident Lawyer for Your Case

The best way to successfully represent yourself in the lawsuit process is with the help of an experienced truck accident lawyer. You should not be your own lawyer, especially when dealing with a savvy insurance company and recovering from serious injuries.

Your truck accident attorney is your guide to the legal process, and they will fight for your rights every step of the way. Moreover, your truck accident attorney will stand up for you when the insurance and trucking companies are trying to get away with paying you less than you deserve, or even nothing.

Hiring a truck accident attorney shows the insurance and trucking companies that you will stop at nothing to get all the money you are due. They will see that you mean business and may treat you differently. After all, the last thing that the insurance or trucking companies want is to face an angry jury when they know their level of liability, and the first step to getting respect is hiring an experienced lawyer to represent you.

Hiring a Truck Accident Attorney Costs You Nothing Upfront

Getting legal help after a truck accident is essential, and the good news is that it will cost you nothing out of pocket. Truck accident attorneys offer their services on a contingency fee, meaning you do not pay anything upfront. Your attorney will only get paid if they win your case, and will take a percentage of your settlement or jury award. This arrangement is a win-win for you because it aligns the attorney's interests with yours – they only get paid if you receive compensation for your injuries. It also eliminates the burden of upfront costs, allowing you to focus on your recovery without financial stress.

Filing a lawsuit after a truck accident can be a complex process. However, with the help of an experienced truck accident attorney, you can handle the legal system and increase your chances of obtaining a favorable outcome. Hiring a personal injury attorney costs you nothing upfront, so do not hesitate to seek legal representation and protect your rights.

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