Semi-truck collisions are tragic and unfortunately common in the United States. If you or someone close to you was involved in one, knowing more about how to file for compensation afterward is essential. This way, you secure repayments for any losses experienced.
But are these cases often settled in or outside court? When do you need a semi-truck accident lawyer? In this article, you will find attorneys at Ed Bernstein & Associates walk you through the process of filing semi-truck accident claims and answer all your questions!
Understanding Semi-Truck Accident Claims
Trucking accident cases can be legally complex due to the numerous laws and regulations applicable to commercial carriers. Also, several factors can impact the success of filing claims. Let’s explore them in more detail.
Liability
Liability refers to who’s responsible for the accident. Unfortunately, it can be challenging to prove because it requires a thorough investigation of the accident scene and any available evidence. It’s important to establish liability to build a strong case.
If you can prove that a different party was responsible for causing the accident you’re involved in, you can be compensated for any losses suffered. However, getting enough evidence can be problematic.
Compensations
Depending on the accident’s circumstances, you can seek compensation for several types of damages if you were involved in a semi-truck accident. Let’s look at some examples.
Medical expenses are the most common compensation. They’ll go to your hospital bills and medications. You can also be compensated for emotional distress, such as anxiety and depression. However, you’ll need the testimony of a psychologist to support your claims.
You’ll also be compensated for the damage caused to your personal property if you’re not liable.
Furthermore, if you missed work due to the accident, you may be eligible for a lost wages compensation, where you’ll be paid for any income you would’ve made.
Evidence
Gathering as much evidence as possible to support your claims is crucial. Remember, you’re trying to prove that a different party is liable.
Consider the following:
- Eyewitness accounts
- Photographs
- Recordings (dashcam, for example)
- Police reports
The Statute Of Limitations
There’s a legal time limit to submitting a lawsuit after your involvement in a semi-truck accident. You’ll lose your right to seek compensation if you fail to file your claim within the time limit. Depending on your state, the rules regarding this limit may vary.
You should contact a lawyer to better understand your state’s regulations concerning the statute of limitations.
Insurance Companies
Most trucking companies have insurance coverage for their trucks, so you’ll have to deal with an insurance company after an accident. They’ll try to deny your claim, so it’s best to have an experienced attorney to negotiate for you.
Settling In Or Outside Of Court
Most semi-truck accident claims are settled outside of court, but your claim can go two ways.
You can reach an agreement with the involved party and their insurance company and be compensated for your losses. Alternatively, you can settle it in court in front of a judge who will decide the outcome of your claim.
In the first case, you must negotiate with the liable’s insurance company. They might offer a low settlement, so it’s best to have strong evidence against their claims.
Going to court may provide additional leverage, but it can be time-consuming and expensive. There’s also the risk of losing your case.
When Do I Need A Semi-Truck Accident Lawyer?
You must hire a lawyer immediately after a semi-truck accident, especially if you’ve suffered injuries. Filing a claim is legally complex, so having an experienced attorney will help you better understand it and reach a favorable settlement.
Wrapping Up
Understanding the legal process of filing a semi-truck accident claim will help protect yourself and your loved ones. It’ll boost your chances of receiving compensation for any losses suffered as a result.
Building a solid case can be difficult, so it’s best to have a lawyer by your side to guide you and negotiate on your behalf.
