Being in a truck accident can be a traumatic and overwhelming experience. The significant physical, emotional, and financial repercussions can leave you feeling helpless and unsure of what steps to take next.
In such times, you do not have to face the aftermath of a truck accident alone. Retaining the services of a skilled and experienced truck accident lawyer can make all the difference in your recovery and pursuit of justice.
When you have suffered an injury in a truck accident, you will have to deal with an avalanche of potential stressors all at once.
Of course, you are worried about your health, and you must get all the medical treatment you need. Then, you also have the matter of all the costs you incur and the fact that you may be unable to work.
The financial aspects of your injuries are something that you can entrust to a truck accident attorney. If you have yet to contact an attorney, you should do so today so they can maximize their effectiveness in your case.
You may have questions about when to hire a truck accident attorney. The first question is whether you need a truck accident lawyer to handle your case. The second inquiry is when is the right time to bring a truck accident attorney into your case.
The answer to both of these questions is relatively simple and absolute: you always need a truck accident lawyer any time you have been in a commercial vehicle crash, and you should hire an attorney as soon as possible after the incident.
When you hire a lawyer after a truck accident, you gain a trusted advocate who will fight tirelessly to protect your rights and best interests. Otherwise, you may put your legal right to compensation at risk, and you may cost yourself money.
The Stakes Are High in Any Truck Accident Case
The stakes are very high after a truck accident. Not only have you likely suffered severe injuries that will impose high economic and physical costs, but you are also dealing with the possibility of significant financial compensation.
The outcome of your truck accident claim or lawsuit can have a substantial impact on your finances for the rest of your life since your injuries may be permanent.
Further, there is a large potential pool of both insurance coverage and assets to fund your settlement or award. When a truck driver has injured you in a crash, their employer is often the one who is legally responsible for their negligence.
A principle in personal injury law called respondeat superior holds the employer responsible for the actions of their employee that occur as part of their job duties.
The truck driver is an agent, and the trucking company is the principal. If you win your case, the trucking company is responsible for compensating you fully.
Federal regulations require trucking companies to carry a commercial insurance policy of at least $750,000. In reality, insurance companies make this an unspoken minimum of $1 million, and if they act prudently, they will have insurance coverage greater than this amount.
If a trucking company's driver critically injures someone, their case can exceed this amount.
Insurance Companies Are Part of Your Case
Insurance coverage means that insurance companies have a direct say in the outcome of your truck accident case. Insurance companies often defend the trucking company from your claim or lawsuit based on their agreement with their policyholder.
Accordingly, another layer can occur in your case that frequently complicates things for you far more than necessary. Insurance companies are on the hook for your damages up to the policy limit, and no matter what, they do not want to pay the total amount of money they owe you.
Insurance companies use several tactics to compromise the viability of your claim. Whether blaming you for the accident or making meager settlement offers, they may test you to see what they can get away with during the claims process.
They can do far less when you have an experienced truck accident attorney representing you in your case. When they see a lawyer on the other side of the table, they automatically know that there is an aggressive and tenacious advocate who can hold them responsible. With a lawyer by your side, you can rest assured that they will protect your rights and prioritize your interests.
A Truck Accident Lawyer Helps to Get You the Most Possible Money
Knowing how much your truck accident claim is worth before you take legal action is vital because it can be worth a lot of money. If your claim is a matter of guesswork, you may not prove your damages, and you may feel forced to accept an offer for less than the amount you deserve.
Insurance companies extensively analyze your claim to know the actual value, which is their absolute ceiling in settlement negotiations. The reality is that they will begin by offering you an amount that is less than that.
Your truck accident lawyer often works with experts to determine the exact value of your claim, and you must have access to this help when your claim is worth considerable money.
Not only do you need to quantify the harm that you have already suffered, but you also need to know your future damages. You will get paid for both of them at one time, and if you underestimate how much you deserve, you can be out of luck because you cannot come back for more money.
Truck accident damages include:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Embarrassment and humiliation
If your loved one died in a truck accident, your damages take on an entirely different character. Then, your family is the personal injury victim because you have tragically lost a loved one in an untimely manner. Your damages connect to what you lost as a family when a loved one died.
The real fight begins once you know how much you are due and prove the trucking company is liable. You will then need to negotiate with the insurance company or persuade a jury about how much compensation you should receive. Neither of these are simple tasks.
There is a delicate game that you must play while trying to impose the maximum amount of legal pressure on insurance companies. You can expect that any settlement offer will be for less than the value of your case.
At that point, your truck accident lawyer will help you determine whether you should continue seeking to resolve your case informally or go through the more formal trial process. The insurance and trucking companies are more afraid of the latter option because juries can be very unpredictable, especially when twelve citizens are in a room making decisions.
Of course, you will reject any settlement offers that do not fairly compensate you. Otherwise, you will leave money that is legally yours on the table. A truck accident attorney will counter any unfair offers, and eventually, you may reach a settlement agreement, whether you have filed a claim or lawsuit.
If not, the jury will reach the ultimate decision in the case, deciding whether you have a legal entitlement to money and how much you should get. The prospect of your case going to trial greatly frightens trucking companies because they are rolling the dice. If they present egregious facts to an angry jury, they can find themselves on the wrong end of a massive verdict and go out of business entirely.
The Timing of Hiring a Truck Accident Lawyer is Critical
It does not matter that you are physically injured and tending to your health. The truck accident claim process demands that you take immediate action to hire an attorney for your case because too much happens in the days after the truck accident to leave anything to chance.
The first critical consideration is preserving the evidence you will need to prove your case and defend yourself from allegations that you share the blame for the accident.
Trucking companies may go into overdrive to protect themselves from liability, knowing that their driver caused you serious injuries, and they can owe you a considerable sum of money. They can even destroy or conveniently mishandle evidence.
The initial steps that a truck accident lawyer will take for your case include gathering all physical evidence and directing the trucking company to preserve any evidence in their hands before possible litigation. Your truck accident lawyer will also send the trucking company an immediate litigation hold letter.
Insurance companies may contact you to discuss the accident, and they can even pressure accident victims in their hospital beds to learn more about what happened in the crash.
Your physical and mental states do not matter - insurance companies can use anything you say against you once they have you on the record. These words can damage your case and may cause you to miss out on your deserved compensation.
A truck accident attorney is a buffer between you and insurance companies because they have to go through your attorney to get to you.
It is important to avoid trying to deal with insurance companies on your own because these are for-profit businesses, and they are not your friend in any way. There is no way to effectively communicate with them by yourself because they are looking for ways to trap you.
Insurance companies' sole interest is to pay as little money as possible (or avoid having to pay you altogether), and they may work to further that aim immediately after the accident. They will try twice as hard when they see you need to hire a truck accident lawyer.
Further, getting help from a truck accident lawyer can give you peace of mind. So many things are going on at once, and the last thing you want to do is deal with the legal process. You may feel over your head and have no hope of getting the money you deserve.
All of this changes when you hire a truck accident lawyer. While retaining a lawyer is not a guarantee of financial compensation, it does put you in the best possible chance to receive a full settlement.
Finally, hiring a truck accident attorney now puts you in a position to move once your attorney has done the work to investigate and prepare your claim. Filing a lawsuit takes time and effort.
You must put your best legal foot forward at all times, and your truck accident lawyer must do a considerable amount of work to get you to the point where you are ready to take action. Allowing them enough time to do their job is vital when hiring a lawyer.
You Should Have No Fear of Finances
You may worry about finances in your case and whether you can afford an attorney, but the contingency fee system should put those fears to rest. You will never have to pay a truck accident lawyer out of your own pocket.
They work on a contingency fee basis, meaning they only get paid if they win your case.
The contingency fee arrangement allows you to focus on your recovery without the added stress of paying legal fees upfront. Your attorney will handle all the costs associated with the case, including investigation, expert witnesses, and court fees. They will only collect their payment from the settlement or verdict they secure for you.
Hire An Experienced Truck Accident Attorney Today
By hiring a lawyer for your truck accident case, you not only level the playing field against powerful insurance companies and their legal teams but also increase your chances of receiving total and fair compensation for your damages. So, do not hesitate to contact a personal injury attorney today.
Remember, it will not cost you anything out of pocket, and the potential benefits far outweigh any apprehensions you may have.
Thomas Waffenschmidt
Attorney
Thomas Waffenschmidt has served on the Pennsylvania Association for Justice since 1990 and has been a board member from 1999 through 2014. He has also served on the board of the Lycoming Law Association since 2008 and served as president in 2014.
Author's Bio