Been in an accident with a big-rig? Think you may have a legal claim?
Let me tell you this right now:
Navigating truck accident legal processes and paperwork is likely one of the most difficult experiences of your life. It involves complex investigations against multiple liable parties, tons of paperwork and potentially hundreds of thousands of dollars.
But hey, this guide got you. It covers everything you need to know about the truck accident legal process so you can protect your rights and get the full compensation you deserve.
In This Guide:
- Why Truck Accident Cases Are Different
- Who’s Liable In Your Truck Accident Case?
- Truck Accident Settlement Timeline
- How To Get Maximum Compensation After A Truck Accident
Why Truck Accident Cases Are Different
Look, here’s the truth about truck accident cases:
They are DIFFERENT. They are a world apart from regular car accident cases.
The main reason: Multiple liable parties. In a truck accident, you’re not just dealing with one negligent driver. You’re potentially up against an entire industry.
And it’s not just you and a careless driver who ran a red light.
You may be up against the:
- Truck driver
- Trucking company
- Truck manufacturer
- Cargo loading company
- Maintenance provider
If you can believe it:
Each of these parties may have their own insurance company, their own attorneys and even their own agendas.
Meaning:
You’re going to have to fight not one battle. But several. At once.
If that’s not bad enough…
Each of these parties has HUNDREDS of thousands of dollars in their legal budget to fight you. And they hire the best lawyers in the business to low-ball what they pay.
You need to know how to deal with the legal process of truck accident cases and have a skilled Fort Lauderdale truck accident attorney by your side who knows this legal battle inside and out and can help you navigate truck accident legal services effectively.
In 2022 alone:
5,936 people were killed and another 157,000 injured in large-truck crashes in the US alone.
That’s not just a statistic. It’s real people with real families who needed real legal help to deal with the truck accident legal process.
Who’s Liable In Your Truck Accident Case?
Ok, let me break something to you:
Figuring out liability in truck accidents is no easy task.
Unlike fender-benders and other standard car accidents where it’s driver vs driver. Truck accident cases are far more complex with multiple liable parties.
Determining liability may require your attorney to investigate every nook and cranny of the case.
These are the most common liable parties:
The Truck Driver: Driver error is one of the leading causes of truck accidents. This includes truck drivers who are fatigued, distracted, speeding or driving under the influence of alcohol.
The Trucking Company: Liability can lie with the trucking company for failing to train the driver, encouraging them to break hours-of-service regulations or failing to maintain their fleet.
The Manufacturer: If the accident was caused by a defective part, the truck manufacturer or parts manufacturer could be at fault.
Cargo Loaders: Liability can also rest with the companies responsible for loading cargo onto the truck. Improperly loaded cargo can cause tipping accidents or loss of control.
Let me tell you this:
Determining liability will require a lot of legwork, digging and investigation. Lawyers will need black box data, maintenance records, driver logs, witness statements and accident reconstruction reports.
Plus here’s the other reality…
Approximately 97% of deaths in large-truck and passenger vehicle crashes were occupants of the passenger vehicle.
Needless to say:
This doesn’t mean those who survived don’t need real, aggressive legal help who knows how to deal with the truck accident legal process.
Truck Accident Settlement Timeline
Hey, here’s one of the most common questions I get from truck accident victims:
“How long will my case take?”
Ok, I’m gonna be real with you here:
Truck accident cases take the average of six to 18 months to settle in South Florida. This is a LONG time when you’re dealing with medical expenses and trying to get your life back on track.
But let me tell you this:
Truck accident claims are complex. These aren’t just fender benders where someone runs a red light. You’re dealing with massive pieces of machinery, drivers that work 70+ hour weeks and BILLIONS of dollars of cargo.
Trust me, insurance companies are always betting you won’t put in the time to get the full compensation you deserve.
Here’s what you can expect:
Investigation: This occurs immediately after the accident. Attorneys will begin collecting evidence, interviewing witnesses and documenting everything as soon as possible.
Medical Treatment: You can’t settle your claim until you’ve reached maximum medical improvement (MMI). In other words, all treatments have been completed and the full extent of your injuries is known.
Demand and Negotiation: With a clear medical picture, attorneys draft and send a demand letter to insurance companies with the compensation amount.
Litigation: If settlements can’t be reached, attorneys may file a lawsuit. This adds more time to the process to account for court schedules, discovery, depositions and possible trial prep.
As you can see:
Truck accident settlement time can vary depending on the case’s complexity and the need for litigation.
But it’s a FACT:
Majority of truck accident cases settle before reaching trial. The threat of litigation is often enough to push insurance companies into fair settlements.
How To Get Maximum Compensation After A Truck Accident
Ok, getting maximum compensation is not a numbers game.
It’s a matter of strategy and understanding what insurance companies are up against.
If you want to know what to do here is:
Get medical attention ASAP: Go to the doctor after an accident even if you feel fine. Some injuries take time to surface. Getting medical care right away also links your injuries to the accident directly.
Document everything: Take pics of the accident scene, your injuries and vehicle damage. Keep all medical bills, pay stubs and receipts.
Let a professional talk to insurance companies: Insurance adjusters have one job – to protect their company’s interests, not yours. Get an experienced truck accident attorney to deal with insurance companies.
Don’t rush a settlement: Insurance companies will try to close a case cheap and fast. Don’t agree to a settlement until you fully understand your injuries.
Hire a seasoned attorney: This is by far the single biggest factor in maximizing your claim. Truck accident attorneys know how insurance companies work and have a history of cases and experience.
Your compensation should cover all medical costs, lost income, pain and suffering, property damage and even emotional distress. Don’t shortchange yourself by attempting to deal with the truck accident legal process on your own.
Wrapping This Up
Ok, surviving a truck accident is bad.
Surviving a truck accident and trying to navigate the legal process to get maximum compensation is even worse.
But hey.
This guide’s got you. From complex investigations to understanding the settlement timeline to the tactics for maximizing your claim, now you know what to do after a truck accident.
Hire an experienced truck accident attorney as soon as possible, keep every piece of evidence and never, EVER take the first settlement offer.
These cases are far more complex than the average fender-bender. The damages and pain and suffering are far more extensive. This requires aggressive legal representation and deep experience in dealing with the truck accident legal process.
Six to 18 months is the typical settlement timeline, but it’s the waiting that’s the hardest when you’re dealing with mounting medical bills and the stress of physical recovery.
But here’s the reality…
Insurance companies are betting you’re willing to settle cheap, quickly and quietly.
Don’t let them win.
