If you have suffered an injury in an accident with a large commercial truck, you may be wondering what to do next. The physical, emotional, and financial toll of a serious crash can be devastating. Medical bills pile up, you cannot work, and the trucking company and their insurers will try to minimize or deny your claim. You should speak with an experienced Phoenix truck accident lawyer as soon as possible after the collision. A skilled attorney can protect your rights, deal with the insurance companies on your behalf, and fight to get you the full and fair compensation you deserve.
Seek Medical Attention
After any motor vehicle accident, the first and most important thing to do is get medical care, even if you think your injuries are minor. Some common truck accident injuries like whiplash, concussions, and internal bleeding may not show symptoms right away. Promptly getting checked out by a doctor protects your health and legal rights. Be sure to attend all follow-up appointments and carefully follow your treatment plan. Insurance companies will look for any gaps in treatment to argue that your injuries aren't that serious. Keep copies of all medical records and bills related to the accident - your truck accident lawyer will need them to build your case.Be Careful What You Say
After an accident, a representative from the trucking company's insurance carrier will likely contact you seeking a recorded statement. It's best not to speak with them before consulting with an attorney. Remember, the insurance adjuster's job is to find ways to weaken your claim and limit the company's financial liability.
Stick to the facts of what happened and avoid admitting fault or speculating about what you could have done differently. Never downplay your injuries by saying something like "I'm OK" or "It's not that bad." Let your truck accident lawyer handle communications with insurers.
Understand the Claims Process
Your attorney and the insurance company can sometimes settle truck accident injury claims out of court through negotiations. However, if the insurer refuses a fair offer, you may need to file a lawsuit to pursue full and fair compensation. There are a few key steps in the truck accident lawsuit process:Filing the Complaint
Once you've chosen a truck accident lawyer to represent you, they will begin the legal process by filing a formal complaint on your behalf. This document is filed with the appropriate court and outlines the key facts of the case, including:- The parties involved (you as the plaintiff and the truck driver and/or trucking company as defendants)
- The date, time, and location of the accident
- A description of how the accident occurred
- The specific injuries and damages you suffered as a result
- The legal basis for holding the defendant(s) liable
- The amount and type of compensation you are seeking
The Defendant's Answer
After the complaint is filed and served, the defendant(s) have a set period (usually 30 days) to file a formal response called an answer. In the answer, the defendant(s) will typically either:
- Admit to the allegations in the complaint
- Deny the allegations in the complaint
- Claim they lack sufficient information to admit or deny the allegations
The Discovery Process
After filing the complaint and answer, the case moves into the discovery phase. During this period, both sides exchange information and evidence relevant to the case. The purpose of discovery is to allow each party to assess the strengths and weaknesses of their position and to prevent any surprises at trial. Common types of discovery in a truck accident lawsuit include:- Interrogatories: Written questions require responses under oath
- Requests for Production: Demands for relevant documents like medical records, bills, accident reports, truck maintenance logs, etc.
- Depositions: In-person questioning of parties and witnesses conducted under oath and recorded by a court reporter
- Independent Medical Examinations: Medical evaluations of the plaintiff conducted by a doctor chosen by the defendant(s)
- Police accident reports
- Photos and videos from the accident scene
- Eyewitness statements
- The truck's black box data
- Trucking company records
- Expert witness analyses and opinions
Mediation and Settlement Negotiations
Once discovery is complete and both sides have a clearer picture of the evidence, your truck accident lawyer and the defense attorneys may decide to engage in mediation. Mediation is a form of alternative dispute resolution where a neutral third party (the mediator) tries to help the parties reach a mutually agreeable settlement. During mediation, you and your lawyer will meet with the defendant(s) and their counsel, together or separately. The mediator will shuttle between the two rooms, conveying settlement offers and counteroffers. The goal is to find a middle ground that satisfies both parties and avoids the time, expense, and uncertainty of going to trial. Mediation can be a good option in truck accident cases because it allows you to maintain more control over the outcome. Settlements can also occur much faster than waiting for a trial date. However, mediation is not binding - if the two sides can't agree, the case will proceed to trial. Throughout the process, your truck accident lawyer will guide you through the strengths and weaknesses of your case and give your professional opinion on any settlement offers. But ultimately, the decision of whether to settle or go to trial is up to you.Going to Trial
If mediation fails to reach a settlement, your truck accident lawsuit will go before a judge and jury trial. The trial process usually involves the following stages:
- Jury selection: Potential jurors are questioned and screened to ensure fairness and impartiality.
- Opening statements: Your lawyer and the defense attorney will outline their respective cases and what they expect the evidence to show.
- Witness testimony and cross-examination: Both sides will call witnesses to testify, including professionals, and the opposing side will have a chance to cross-examine them. You may need to testify about the accident and your injuries.
- Closing arguments: Your lawyer and the defense attorney will summarize their cases and argue why their side should prevail.
- Jury deliberation and verdict: The jury will deliberate in private and then return a verdict on whether the defendant(s) are liable and how much compensation, if any, you should receive.
Watch Out for the Statute of Limitations
Every state has a law called the statute of limitations that puts a deadline on your right to file a truck accident injury lawsuit. If you miss this window, you lose your right to seek compensation, no matter how strong your case is. Statutes of limitations vary between states. Some are as short as one year from the date of the accident, while others may be two or three years or possibly longer in limited circumstances. That may sound like a lot of time, but trucking accident cases are complex. Your lawyer needs time to thoroughly investigate the crash and build a strong claim for damages. So don't delay - immediately contact a respected truck accident law firm to start the process.Proving Liability in a Truck Accident Case
Truck accident claims are typically more complicated than standard car accident cases for a few key reasons:- The injuries tend to be more severe due to the size of the vehicles involved.
- Multiple potentially liable parties (the driver, trucking company, truck/parts manufacturers, cargo loaders, etc.) may exist.
- Trucking companies must carry large insurance policies, so the stakes are higher.
- Many state and federal regulations to govern the trucking industry may come into play.
- Speeding, aggressive driving, or ignoring traffic signals
- Distracted driving, such as texting behind the wheel
- Driving under the influence of drugs or alcohol
- Violating hours of service rules that limit driving time
- Failing to properly secure cargo
- The truck's "black box" data recorder
- Driver logs and timesheets
- Hiring and personnel files
- Vehicle inspection and maintenance records
- The trucking company's safety history
Compensation in Truck Accident Cases
Truck accidents often result in debilitating injuries like bone fractures, brain and spinal cord trauma, crush injuries, and severe burns. Victims may require extensive medical treatment, rehabilitative care, home modifications, and other expensive services. Many are left permanently disabled and cannot return to work. You may be eligible for compensation for economic damages like lost income and medical bills and non-economic damages like pain and suffering. In some situations, punitive damages may also be available if the defendant's conduct was particularly egregious. While no sum of money can erase the trauma of a catastrophic crash, a truck accident settlement or verdict can provide vital financial support and a sense of justice. An attorney who focuses on truck accident cases will tirelessly fight to secure the maximum compensation possible in your case, ensuring you receive the resources needed to rebuild and move forward with your life after such a devastating event.Reach Out to a Respected Truck Accident Lawyer
No one ever expects to be involved in a harrowing truck accident. But if you do find yourself seriously injured by a commercial vehicle, the most important thing you can do is speak with a skilled personal injury lawyer in Phoenix right away. Trucking companies and their insurers are not your friends after a crash — they will use teams of defense attorneys and high-powered tactics to pay you as little as possible.
You need an experienced truck accident law firm to level the playing field and fight for the full financial recovery you deserve. Your lawyer can handle every aspect of your case, from investigating the accident to consulting with professionals, negotiating with insurance companies, and presenting a powerful case at trial if needed.
Don't go it alone after a catastrophic truck accident. If you've suffered an injury, get medical attention immediately to ensure your health and well-being. Then, reach out to a respected truck accident lawyer in your area for a free consultation. Learn about your rights and options for seeking compensation to cover medical expenses, lost income, and other damages caused by the devastating crash. An experienced attorney can provide guidance and support throughout the legal process, helping you focus on your recovery confidently.