Truck accidents can be some of the most devastating accidents on the road and a trucking company can be subject to all sorts of state and federal regulations. As such, a truck accident attorney can be essential for pursuing a truck accident claim.
Attorneys would recommend following some simple steps to ensure your claim has the best chance of success.
Following these simple steps can improve the viability of a claim by helping you avoid mistakes and preserve important evidence that can be used to strengthen your claim with the insurance companies and in court, if necessary.
Understandably, a legal claim may not be the first thing on your mind after an accident, however, not getting the help you need may be a mistake you regret later.
1 . Immediate Actions After the Accident:
If you are in a truck accident, there are a few actions you should take as soon as possible including:
- If you are hurt, seek medical attention immediately and be sure to keep your medical records and bills for use as evidence later. Even if you do not think you are hurt, you may want to seek treatment as long-term injuries could appear later.
- Report the accident to authorities by calling 911. Be sure to get a copy of the police report as it can be crucial evidence and provide you with driver information.
- Notify your insurance company and provide them with relevant details but don’t admit liability or negligence, especially if you haven’t talked to an attorney.
- Gather critical evidence, taking pictures of the accident scene including any property damage, vehicle damage, road conditions, and skid marks. Evidence collection should also include getting witness statements and writing down any pertinent details in an accident journal.
- Preserve evidence, not repairing your vehicle until after an investigation is completed and you have spoken with a lawyer.
2. Sign Written Agreement with a Truck Accident Lawyer
After a truck accident, you will want to find a lawyer to represent you. Be sure to do your due diligence regarding legal representation as to their experience and education. Most lawyers provide a free consultation to review your case and let you know what compensation you may be entitled to.
When you find a New Jersey truck accident lawyer that you think works for you, have a consultation with them, discuss your case, learn about your legal rights, and discuss how they get paid. If you like a lawyer, sign a written agreement with them setting out the terms of their legal services so they can get to work for you.
3. Exclusive Communication Through Legal Counsel
You should only communicate with insurance companies, the truck driver, or any other opposing parties through your legal counsel. Not only does this save you the hassle of dealing with these parties, but they also know what they are doing.
Attorneys are skilled in dealing with settlement negotiations with insurance adjusters to ensure that you get a fair settlement and ensure that incorrect information is not being transmitted.
4. Collect and Investigate Evidence
An attorney will help collect and investigate evidence that can prove liability and negligence, establish damages, and help you get justly compensated in the following ways:
- Accident Investigation – Semi truck accident claims rest on establishing liability and a lawyer will collect evidence to prove a truck driver was liable for the accident. Negligence can often be proven if a driver violates trucking industry regulations of the Federal Motor Carrier Safety Administration (FMCSA).
As such, an attorney will work on collection of evidence such as driver logs from electronic logging devices, maintenance records, GPS data, black box data, cargo loading information and dispatch communications. These can be used to prove things such as safety violations, driver fatigue, and hours of service violations. - Damages Evidence – In order to receive compensation, you must prove your damages. A lawyer will collect evidence to prove your damages for medical expenses, lost wages, pain and suffering, and property damage such as medical bills and auto repair bills.
5. Submit a Formal Demand Letter for Injuries
After collecting and investigating the evidence, your attorney will draft a demand letter to the insurance company or the opposing party whether they are represented by an attorney or not.
This letter will set forth the evidence establishing the liability of the opposing party and the amount of money that has been calculated to compensate you for your damages.
Truck accident claims can be complex with multiple liable parties possible. As such, multiple demand letters may be sent out setting forth the comparative negligence or fault of each party, how much they need to pay, and a date by which a response is required.
6. Negotiate a Fair Settlement
Oftentimes, a demand letter from an attorney will initiate settlement negotiations with the opposing parties and the insurance companies. Here, your attorney will lay out the accident documentation and evidence to the other parties, explain why they are liable, and how much compensation you are entitled to.
Typically, these negotiations go back and forth for a while with a settlement that is agreeable to all parties eventually being made. However, sometimes parties engage in bad faith negotiations or litigation is the only option.
7. Go to Trial When Negotiations Fail
If negotiations fail, an attorney may file a claim for an 18 wheeler or other truck crash in court within the statute of limitations.
Typically, negotiation will continue up until trial when you sue a trucking company, however, if those fail, the case could go to trial.
During trial, your attorney may make an opening statement, present evidence such as an accident reconstruction, question witnesses, including expert witnesses, and make a closing statement to prove your case.
If all goes well, a judge or jury may decide in your favor and decide on the compensation you are entitled to.
If you are the victim of a truck accident, you need an exceptional legal team to represent your interests.
The team at Omni Injury & Accident Law are here to help, representing you through the entire process to ensure you get all of the compensation you are entitled to. Contact Omni Law today to set up a consultation.