Truck Accident Lawyer 101: The Ultimate Guide For Beginners
How to File a Truck Accident Lawsuit
A collision with a truck could cause significant medical expenses and severe injuries. These injuries can impact your ability to work or carry out your daily activities.
You can get compensation from the responsible parties. You may need to file a suit to receive compensation. A New York truck accident attorney can help.
Damages
There are a myriad of damages you could claim in a truck crash lawsuit that include future and current medical expenses, loss of income or earnings, pain and suffering, permanent injuries, loss of enjoyment of life, and much more. In a wrongful-death suit you can seek compensation for funeral costs and future earnings lost and other expenses if a loved one was killed in the accident.
The amount you could receive as a settlement is contingent on the severity of your injuries, the time you spent recovering, and your quality of living. An attorney can help you be aware of all damages that could be incurred and work with the trucking companies to reach an equitable settlement.
Gathering all the information needed to prove fault is difficult in the case of truck accidents, particularly when you're dealing large trucking companies that have large legal departments as well as million-dollar insurance policies. It is important to hire the best lawyer possible because they know where to get the right information, and how to quickly gather it. For instance evidence from high-tech devices like trucking logs and government agencies could be crucial to winning your case.
Truck drivers are often pressured to get their loads to their destinations on time and often do not have enough time to rest or sleep, and this can contribute to accidents involving trucks. There are numerous other factors that may cause a trucking crash which include improper loading of cargo as well as poor road design and the use of alcohol or drugs by the driver. It is essential to determine whether more than one person is responsible for your accident so that you can file the appropriate claims.
It is also important to know that there are some cases where punitive damages can be requested as well. These are additional damages that can be awarded to a wrongdoer by a judge or jury in the case of extreme or reckless behavior. Your attorney will let know whether this option is available in your case. They will help you decide if it is worth exploring this option.
Statute of limitations
You must submit a lawsuit within a specific time period otherwise the court will not accept it. This is referred to as the statute of limitations, and it is based on the law of your state and the specific details of your case.
In New York, for example, the statute of limitations is three years following the date of injury. You are able to sue for personal injury and property damage as well as emotional distress. But, this limit can be shortened or augmented by other factors, including the nature of the claim you're filing and the party you are suing. avondale truck wreck lawyer against municipalities, for instance, are subject to a shorter time frame. New York City requires, for instance, that a claim be filed within 90 days, and a lawsuit must be filed within a year and ninety-days.
Contact a lawyer as soon as you've had your accident, even if you're not sure if you are eligible for compensation. A lawyer will review and examine your medical records to determine the damages you could be entitled to as well as which insurance companies you be suing, and who is the one responsible for your injuries.
A lawyer can help you submit your claim to appropriate insurance companies and negotiate an equitable settlement. This is essential because trucking companies can be hesitant to pay for the damages you are entitled to, according to federal and state law. They might also try to convince you to accept a low-ball deal.
In certain situations, a statute of limitations may be "tolled." This means that the clock ceases ticking for a certain amount of time in certain situations such as exposure to toxic substances or medical malpractice. Minors can use this rule to stop the clock until of legal age. Mental handicaps that result from injuries or other conditions may be also paused.
A survival action lawsuit can be filed if you've lost someone you love in a accident. This will allow you to seek compensation for wrongful death from the responsible party. These kinds of lawsuits permit the victim's spouse, children, parents, or other relatives to receive compensation for their loss resulting from the death of their loved ones.
Partial Fault
It's hard to pinpoint the precise cause of an accident involving a truck. The crash site may not be clearly marked and the memories of witnesses can fade over time. This is one reason why it's critical for a lawyer to begin building your case as soon as possible to obtain witness statements and other important evidence before it vanishes.
Your attorney could also use the information from the truck's event data recorder, sometimes called a black box, to determine the cause of the accident. These devices can be used to record important elements like the speed, brake use, and position at the time of the collision.
A good truck accident lawyer will be focused on presenting evidence that proves the truck driver was mostly responsible for your injuries. However the defense will attempt to shift some of the blame on you, which can reduce how much they need to pay. It is important to have an attorney on your side to defend against their tactics and present an argument that is convincing to obtain compensation.
If the court is able to examine all evidence, it will decide which party was entirely to blame for the accident, and then assign a percentage to the individual involved. For instance, if the truck driver pulled out in front of you while you were speeding, you could be assigned around 15 percent of the fault. The truck driver would receive 85 percent of the fault.
Other drivers could be at fault for the accident. This is particularly the case if they were driving in blind spots or trying to avoid trucks. Your lawyer will investigate the possible causes to help you obtain fair compensation for your injuries and losses.
Your injury claim includes damages for the medical costs caused by your injuries, loss income due to being unable work, and the psychological and emotional consequences of your injury. Your lawyer will fight to get the maximum amount of compensation. The amount of compensation you get will also be contingent on how severely you were injured during the accident.
Insurance Coverage
Trucking accidents can be traumatic and result in severe injuries. This is why it's crucial for victims to bring a claim against liable parties immediately.
A successful lawsuit for a truck accident will usually include compensation for a victim's economic and non-economic loss. Economic damages could include medical bills, lost wages, property damage, and other costs caused by the direct impact of the collision. Other damages that are not economic include discomfort and pain as well as loss of companionship.
To establish an argument for a truck accident you must determine the extent of liability as well as calculate damages, negotiate, and litigate. As we've said earlier, a truck accident is a complicated legal matter to litigate, and a lot of the issues that are involved may not be relevant in other kinds of accidents. For example, trucking companies are able to defend themselves against liability by asserting that their drivers are independent owner-operators and thus not under their control, however this argument is oftentimes invalid.
During the process of litigation your lawyer will collect evidence and go over the facts of the case in order to create a claim for damages. It is essential to be honest with your lawyer about any actions you might have made that led to the accident, as this could have a significant impact on the amount of compensation you receive.
When you have a good understanding of the severity of your losses, your attorney will use this information to calculate the total value of your case. For instance the lawyer will be looking at the severity of your injuries and the impact they have had on each major aspect in your life. This can include your health, your work, your family, and your mental and emotional wellbeing.
As we've previously mentioned, it is crucial for your lawyer to consider the various parties that could be the cause of your accident. The more defendants that you are able to sue, the more money you can collect. However, the defendants could attempt to capitalize on your legal dispute and offer a low-ball settlement, which is the reason it's crucial that you work with an experienced attorney for truck accidents as soon as you can.