Careless driving by truckers contributes to serious accidents every year. People go through significant physical and psychological losses due to the negligence of others. Primary causes behind the majority of truck accidents include speeding, improper lane change, drunk driving, driving while exhausted, and many more.
Victims involved in these crashes are entitled to get reimbursed for the losses they have suffered and expenses they incur due to injury or property damage. Personal injury law allows victims of such careless deeds to get compensated for the damages and losses they have incurred. In this article, we will be highlighting all the things you need to know about filing a truck accident lawsuit.
Prominence of Evidence
Strong evidence will be the bedrock of your case. Resourceful insurance companies fight on behalf of major trucking companies. These entities have experience in handling such cases. Therefore you will need strong evidence to fight against them. Try to gather as much evidence as you can. Primarily, accident evidence includes the name of the driver, contact information, license plate, vehicle information, company name, driver’s license number, etc. Additionally, if you had any witnesses, talk to them and let the police take their statements. And if they had taken any pictures, be sure to collect them as well.
Statute of Limitations
Statute of limitation determines the time you have to file the case. It generally varies from state to state. This period starts from the date of the accident. So make sure you contact your local attorney and determine the window of time you have. Once you have filed the lawsuit, your attorney can begin his/her discovery process, which focuses on gathering and verifying the evidence.
Contacting your Insurance Company
After the accident; you need to contact your insurance company and tell them about the incident in detail. Before that, contact an experienced truck accident lawyer and discuss the matter. He/she will tell you what to say and what to avoid saying while talking to the commercial truck insurance company.
And if the insurance company of the other party contacts you, make sure you don’t tell them anything. What you tell them can be used against you, and it might reduce the final settlement amount.
Negotiation and Trial
After the initial filing of the claim, both the parties sit down for settlement. This happens outside the court where parties and lawyers come to a meeting conducted by a third-party. This is an opportunity for them to discuss and come to a mutual settlement agreement with regards to the final price. If both the parties reach a mutual decision, then the case can be closed. However, if the claimant rejects the defendant’s settlement amount; then the case goes for a trial.
In the trial, both the parties get the chance to represent their case with evidence. Subsequent to that, the final decision will be made by a judge or jury. There is no determined time period of the trial; it could go on for a really long time.
Truck accidents result in serious damages to individuals every year. The fact that the truck drivers and companies are backed by highly resourceful insurance companies makes it difficult for victims to get fair compensation for their loses. However, hiring experienced lawyers can help them set a strong footing. The attorneys at Schultz & Myers hold extensive experience in handling truck accident cases and assisting victims in making a strong and winning case for themselves.