If you or someone you love was injured in a collision with a large truck, you must contact the trucking company and obtain the name of their insurance company. Collecting evidence, defining the monetary value of your losses, and contacting your own insurer will also be necessary.
You could attempt to complete all the steps involved in recovering compensation on your own. When you choose to work with a truck accident lawyer in your area, though, they can explain how to file a claim against a trucking company and walk you through this complex process.
The Beginning of the Claim Process Starts Right at the Truck Accident Scene
You should immediately call the local police to the accident scene. Just as in any collision between two vehicles, you should swap information with the other involved driver unless your injuries prevent you from doing so. If you can, exchange names and driver’s license,s and insurance information.
These details will tell you how to contact the trucking company and their insurance provider. If a personal injury lawyer represents you, they will initiate these contacts for you and start the process of making an insurance claim.
Get Emergency, Follow-Up, and Ongoing Medical Care
According to the Insurance Institute for Highway Safety (IIHS), a large truck can weigh up to 30 times as much as a typical passenger car. In a collision, this can mean you suffer extensive, potentially life-threatening injuries.
Accept any emergency care you are offered and stick to your treatment plan until you a member of your healthcare team releases you from their care.
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Exchange the required information and refrain from making any additional statements or accusations. Anything you do say could be misconstrued later and used to devalue your case. For this same reason, your lawyer will also advise you to refrain from making remarks about the accident or posting photos on your social media accounts.
Instead, allow your lawyer to handle all verbal and written communication. They can manage the details of your case so you can concentrate on your physical and emotional recovery.
Collect Evidence That Substantiates Your Claim Against the Trucking Company
An official copy of your police report is a primary part of your case file. This evidence is objective and can contain information your legal team will find valuable, including:
- Key contact details
- Police observations
- Witness statements
- Police-generated photos
It will also have police narratives and diagrams that describe the accident scene, including points of impact, paint transfer, and readily apparent injuries. In addition, your lawyer will collect:
- Accident reconstruction
- Accident scene photos
- Available video footage
- Injury photos
- Medical records
- Salary history records
- Truck maintenance records
- Trucker license history
- Trucker logbooks
These items will build your case file. A robust evidence collection that indicates negligence can steer your case toward a settlement and away from a lengthy trial procedure.
Establish the Negligence that Allows You To Pursue the Trucking Company
Because your trucking accident could have multiple causes, you must prove the trucking company is the appropriate responsible party. This means proving the required elements of negligence—duty of care, breach of duty, causation, and damages.
The trucking company could be responsible if:
- The truck driver is an employee of the company versus an independent contractor or owner/operator.
- The truck driver was not properly licensed or sufficiently trained.
- The trucking company is responsible for the truck’s maintenance and repairs.
These elements are complex and can be difficult to document on your own. Your lawyer can prove the components of negligence and hold the company accountable for your recovery.
Determine the Monetary Value of the Damages You Can Recover
If found liable, the trucking company can be responsible for covering your ongoing medical bills and lost income throughout your recovery. Your lawyer can also demand compensation for the following:
- The costs of repairing or replacing your damaged property
- The value of your lost wages from all income sources
- Treatment-related travel costs and assistive medical devices
- Temporary or permanent disabling or disfiguring injuries
- Ongoing physical, mental, and emotional pain and suffering
Families who lost a loved one in a fatal truck accident can recover wrongful death damages. The trucking company can be compelled to cover the cost of your loved one’s funeral, burial, or cremation, as well as the loss of the decedent’s financial and domestic contributions.
Comply With the Applicable Statute of Limitations
The laws of the state where your truck accident occurred determine the parameters of your case, including the amount of time you have to file your potential lawsuit. You must meet the filing deadline. Otherwise, you could be left with no legal recourse that compels the trucking company to compensate you.
Your lawyer can explain the filing deadline, which can vary according to:
- The outcome of the accident
- The age of the injured party
- The negligent party’s actions
If the truck in your accident is government or municipality-owned, you could have additional notification and filing deadlines that apply to your case. Your lawyer can explain when the filing deadline might fluctuate and work to file your lawsuit on time.
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If you or a loved one was injured in a truck accident, the trucking company could be liable for covering the costs of your post-accident expenses and losses.
At Adam Smallow Injury Lawyers, we have over ten years of experience fighting for personal injury victims. Get started on your case today by contacting one of our team members. In this free call, you can learn more about how you can file a claim against a trucking company and how we fight for you.
Call or text (410)777-8960 or complete a Free Case Evaluation form