According to the NHTSA, there were nearly 6,000 fatalities and over 150,000 injuries due to traffic accidents with large trucks in 2021 alone.
If you’ve survived an accident with a large truck, consider yourself lucky. Your main focus should always be on recovering from any injuries that you’ve sustained, but as soon as you’re able, you must consider your legal options.
Accidents with large trucks are far more complex than normal traffic accidents. Often, they involve large commercial entities with plenty of legal assistance at their disposal
In today’s post, we’ll help you file your truck accident lawsuit by walking you through 6 important steps.
By hiring the right truck accident injury law firm in Augusta and following these steps, you can navigate this overwhelming process with relative ease. Keep reading and receive the accident compensation you deserve.
Step 1: Seek Medical Evaluation and File a Police Report
As mentioned, the first thing you should do after a big accident is to seek medical attention. You do this not just to care for your injuries – something that’s obviously important – but also to document your injuries.
Even if you walk away from the accident seemingly unscathed, it’s important to have diagnostic tests performed. There could be underlying injuries that don’t affect you for days or weeks down the line.
Failing to diagnose these early on in the process will make maximizing your lawsuit far more difficult. This is especially true when the other party is a corporate entity that may attempt to prove your injuries weren’t the result of the accident.
After you’ve seen a doctor and dealt with any injuries, it’s time to file a police report. Your lawsuit must have an official record of the accident.
A police report details crucial information, such as the parties who were involved, any witnesses, and assessments of who was at fault. Your legal team will need this evidence when filing your lawsuit and defending your case in court.
Step 2: Contact a Truck Accident Attorney
As soon as you’re able, you must contact a lawyer to help you file your lawsuit. It’s important to do this before you speak to an insurance company because an experienced truck accident lawyer can help you navigate the complexities of post-accident insurance claims.
It’s very important to find a lawyer who specializes in truck accidents. These cases are very unique and require a deep knowledge of truck accidents that a regular personal injury lawyer may not possess.
At Blake & Associates, we take a personalized approach to truck accident lawsuits. We start by understanding you and the circumstances surrounding your accident.
From there, we begin to work through your case to establish a strategy that will help you get back on your feet as soon as possible. We’ll assist you with every aspect of your truck accident lawsuit so you’ll never feel overwhelmed by the legal process or fear that your lawsuit will fail. We’re rated among the top injury and family law firms in Augusta for a reason, so don’t wait to contact us for a consultation.
Step 3: Speak to the Insurance Company
Once you’ve got your legal team in place, they can help you deal with the insurance company. Before that, however, you’ll need to establish liability in the accident. Establishing liability in truck accidents can sometimes be tricky, as there are often more than two parties involved.
It’s not just the driver who may be considered liable. It could be the trucking company or vehicle manufacturer (if there are maintenance issues with the truck that caused the accident). Liability could also fall on the cargo loader if improper cargo loading is deemed to be the root cause.
Your lawyer will help deduce the liable parties and file a claim with their insurance company. They’ll write up a letter detailing your injuries, damages (property damage, medical bills, suffering, etc.), and the compensation you’ll be seeking.
Step 4: Out-of-Court Negotiations
When the insurance company receives the letter, they’ll most likely send a settlement offer. Many truck accident claims are settled out of court through negotiations between your lawyer and the other party’s insurer.
As your lawyer, we’ll always work to achieve a result that’s in your best interest. If we don’t feel that the other party is negotiating in good faith or a satisfactory settlement can’t be reached, we’ll move forward with the lawsuit.
Step 5: File the Lawsuit
A good lawyer will always file a lawsuit on your behalf. We’ll draft and file a complaint that details many of the same things that the letter to the insurance company includes, namely the allegations and desired compensation. Sending this letter is the first official step in filing a lawsuit.
The next step involves both parties providing information and evidence relating to the lawsuit – document requests, depositions, interrogatories, etc. Both parties will have a chance to file motions as well. These could be motions to dismiss information or a motion of summary judgment.
Step 6: Prepare for Court
If the case ends up proceeding to court, you’ll need to prepare arguments, witness testimonies, and evidence. Both parties will have a chance to state their case with your lawyer handling things on your behalf. With the evidence gathered, they should be able to prove the negligence of the other party and establish the damages that you should receive compensation for.
Once both parties have finished stating their cases, a judge or jury will come to a decision. They’ll deliver the verdict and the at-fault party will be ordered to pay damages. If they disagree with the verdict, they’ll have an opportunity to appeal the verdict.
File Your Truck Accident Lawsuit with the Top Truck Accident Injury Law Firm in Augusta
Now that you understand the steps involved in a truck accident lawsuit, you can navigate the legal process successfully. The key thing is to find a great lawyer who has your best interest in mind. For those in Augusta, that’s always going to be Blake & Associates.
For nearly a decade, Sarah Floyd Blake has been providing a superior client experience, helping Augusta residents navigate auto and truck accidents. Don’t wait to get your lawsuit started. Contact us today to speak with a representative.
