What To Expect in a Truck Accident Lawsuit Process
A total of 120,200 large truck crashes occurred in 2022, leading to injuries and representing a 2.5% increase compared to 2021. This leaves many at a high chance of experiencing this devastating dilemma. What's even more daunting is the truck accident lawsuit process that will follow. However, understanding what lies ahead can help you feel more prepared and confident as you pursue your case. (1)
Here's everything you can expect in a truck accident lawsuit.
Initial Investigation
The moments and days following a truck accident are crucial for building a strong legal case. During this initial phase, gathering evidence becomes the top priority, with law enforcement creating detailed police reports of the incident.However, it's equally important for you or your representatives to collect additional evidence if possible. This includes taking photographs of the accident scene, vehicle damage, and any visible injuries.
Witness statements should also be recorded while the memories are still fresh, as these testimonies can provide valuable perspectives on how the accident occurred.
One unique aspect of truck accidents that sets them apart from regular vehicle collisions is the wealth of available electronic data. Electronic Logging Devices (ELDs) installed in modern commercial trucks record valuable data on driver hours of service, vehicle speed, and other pertinent metrics.
For example, federal regulations stipulate that commercial truck drivers transporting property may operate vehicles for up to 11 hours after a 10-hour off-duty period. Those transporting passengers are limited to 10 hours following an eight-hour off-duty period. If the ELDs found these regulations violated, this can prove invaluable to your case. (2)
However, it must be secured as it can be overwritten or lost over time. Your legal team will work to preserve this critical evidence through proper legal channels. If you're living in San Diego, the best truck accident attorney in San Diego for injury claims can guide you through the initial investigation case.
Medical Documentation
Your physical well-being should be your primary concern after a truck accident. Even if you feel relatively fine initially, it's essential to seek medical attention immediately, as some injuries may not be apparent right away.Having medical documentation from the start is important for your case, as it establishes a clear link between the accident and your injuries. Insurance companies often try to dispute claims by suggesting that injuries occurred elsewhere or weren't as serious as claimed.
Throughout your medical treatment, maintain a detailed record of everything related to your care. This includes all doctor's visits and treatments, medication prescriptions, physical therapy sessions, and associated medical bills and expenses. You should also document your pain and suffering through a daily journal and take regular photos of visible injuries as they heal.
Taking Legal Action
Once you've achieved some level of stability in your medical condition, you need to seek legal representation to promote your rights and interests. Almost every attorney for personal injury associated with truck accidents offers free consultation for your first session where they assess the case for you and clearly articulate what your options are.These meetings are most productive when you bring all documentation you've gathered, including medical records, photos, and the police report. This allows the attorney to give you a more accurate assessment of your case's strength and potential value.
After hiring an attorney, they'll begin a thorough investigation of your accident. This process often involves reviewing all accident-related documents, interviewing witnesses, consulting with accident reconstruction experts, and examining both the truck driver's qualifications and the trucking company's safety record.
Your legal team will also work to identify all potentially liable parties, which in truck accident cases can include the driver, trucking company, vehicle manufacturers, and maintenance providers.
Pre-Litigation Phase
Before formally filing a lawsuit, your attorney will typically attempt to negotiate with the insurance companies involved. This phase begins with a detailed calculation of the full extent of your damages, including:- current and future medical expenses
- lost wages and earning capacity
- property damage
- pain and suffering
- emotional distress
- loss of enjoyment of life
These calculations often involve consultation with medical experts, economists, and life care planners to ensure all future needs are properly accounted for.
Based on this information, your attorney will draft a demand letter to the insurance company presenting your case to them and seeking appropriate compensation. Typically, this would set off negotiations that may result in an out-of-court settlement.
In addition, through your attorney, you'll be advised on the fairness of any settlement offers and counsel to make informed decisions about whether to accept or continue negotiations.
Filing the Lawsuit
If a fair settlement cannot be reached through initial negotiations, your attorney will proceed with filing a formal lawsuit. This involves preparing comprehensive legal documents that outline your case, including the specific allegations against the defendant(s), the legal basis for your claim, and the damages you're seeking.Once these documents are filed with the court, there are specific time frames for the defendants to respond. For example, federal regulations mandate that non-governmental entities, when named as defendants, must file either an answer or a pre-answer motion within a 21-day period following service of summons and complaint. (3)
Discovery
The discovery phase is typically the longest and most detailed part of any truck accident lawsuit. During this time, both sides exchange information and evidence through various legal tools. Written questions called interrogatories must be answered under oath, and both parties can request relevant documents and records.Depositions, which are recorded interviews conducted under oath, allow attorneys to question witnesses, experts, and involved parties. Expert witnesses may also examine evidence and prepare reports during this phase. While this process can take several months or even longer, it's crucial for building a strong case and uncovering all relevant facts.
In Conclusion
Remember that patience and perseverance will be needed through your truck accident lawsuit. The judicial process may take a little while, but an active lawyer can ensure that your rights will not be violated so you can get fair compensation for injuries and losses as soon as possible.References
1. “Large Trucks”, Source: https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/2. “Semi Truck Accident Lawsuit Guide 2024”, Source: https://www.forbes.com/advisor/legal/auto-accident/semi-truck-accident-lawsuit-guide/
3. “Litigation, Overview - Responding to the Complaint”, Source: https://www.bloomberglaw.com/external/document/X98428KK000000/litigation-overview-responding-to-the-complaint
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Posted - 12/01/2024
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