Here’s What To Expect When Involved in a Truck Accident Lawsuit

Here’s-What-To-Expect-When-Involved-in-a-Truck-Accident-Lawsuit

Here’s-What-To-Expect-When-Involved-in-a-Truck-Accident-Lawsuit

Most accidents involving trucks result in severe injuries and even fatalities. Victims of truck accidents or their families can file a lawsuit if the crash caused injury or death. Filing a suit will help you recover compensation for your losses.

Most people think that truck accident suits are straightforward, but that’s not always the case. A truck accident case may involve multiple defendants and complex laws. The other party may also put up a strong defense to avoid paying expensive claims. That’s why it’s important to find a truck accident lawyer near you after being in a crash. Continue reading to know what to expect in a truck accident lawsuit.

 

Proving Liability for the Truck Accident

Plaintiffs must prove the defendant’s liability to recover damages. Proving liability involves showing that the other party acted negligently, causing the crash. The first step in proving liability is showing the defendant owed you a duty of care. That means they had a responsibility to act reasonably to avoid harming you.

The second step involves proving that the defendant violated their duty of care. Examples of a violation of a duty of care involve drunk, distracted, and drowsy driving. Third, you must show that the defendant’s breach of duty of care caused your injuries. Lastly, plaintiffs must prove that the truck accident led to damages. 

 

Possibility of Having Multiple Defendants

Many people think the truck driver is the obvious defendant in a truck accident suit. However, there are other potential defendants, including the following:

  • The truck driver
  • The trucking company
  • The truck manufacturer
  • Third-party maintenance crews

Your case can get pretty complex if it involves multiple defendants. Each defendant will have their own insurance company, thus complicating the process.

 

Conducting Investigations

A lawyer can investigate your case to gather evidence. Evidence will help prove liability in your truck accident case and back up your claims. During investigations, an attorney may seek the help of an accident reconstructionist. They will use evidence from the accident scene to determine how the crash occurred.

 

Your lawyer may also do the following during investigations:

  • Get the opinion of medical professionals
  • Talk to eyewitnesses
  • Review the police accident report and your medical records
  • Review photos and footage of the accident

 

Possibility of Settling Out of Court

Many truck accident cases get resolved out of court through a settlement. With the help of a lawyer, you can negotiate a fair settlement with the insurer. The insurance company may offer you a settlement soon after the accident. Be careful when considering the offer since it may be lower than what you deserve. 

When you accept an offer and sign a settlement agreement, you waive your right to file a suit. So, if the compensation covers only some of your losses, you can sue for more money.

 

Compensation for Economic and Non-Economic Damages

After filing a truck accident lawsuit, you may recover different types of damages. The first kind involves economic damages – medical bills, lost earnings, and property loss.

Other damages are non-economic damages. They deal with subjective losses such as pain, suffering, and emotional distress. Sometimes, the court may award punitive damages. It’s meant to punish the defendant for their intentional or reckless actions.

 

How Long Will the Case Take?

One of the most common questions among truck accident victims is how long the case will take. There’s no common answer to this question. Every case is unique, meaning the time each one takes will vary. 

However, some factors affect the length of time a case may take. These include the severity of your injuries and the complexity of the case.

 

Wrap Up

A lawsuit helps you get compensation if you suffered injuries or lost a loved one in a truck accident. Knowing what to expect when dealing with a suit will help you better prepare for the process. It’ll also help put your mind at ease, allowing you to focus on recovery from your injuries.

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