How Do Semi-Truck Accident Lawsuits Work?
If you are injured in a semi-truck accident, you might not know what to do. Semi-truck accident lawsuits are frequently more complex than other types of motor vehicle accident claims for several reasons.
Accidents involving semi trucks can lead to severe injuries or even fatalities due to their large size and weight.
Truck accident lawsuits might involve multiple liable parties, and the insurance company often aggressively defends against claims because of the large settlement amount that might be involved.
In addition, because semi trucks are significantly larger and heavier than other vehicles, accidents involving commercial trucks often result in substantial property damage and serious injuries.
In 2019, for example, 5,005 large trucks were involved in fatal accidents, and 118,000 were involved in injury accidents. These numbers highlight the severity and frequency of semi-truck accidents on U.S. roads.
Because of these and other factors, you might have to file a truck accident lawsuit before you will receive compensation for your losses. This article explores the essential steps in semi-truck accident lawsuits and what you can expect throughout the process.
Initial Consultation with a Truck Accident Lawyer
When you first meet with a truck accident attorney, they will ask you questions to gain information about your potential case. The lawyer might want to review reports about your accident.
If you can, it is a good idea to get copies from the investigating law enforcement agency and bring them with you to your free consultation.
Providing photographs of the accident scene, witness statements, and any medical records can further strengthen your initial consultation.
During this meeting, the attorney will assess the merits of your truck accident claim and determine the likelihood of success. If your truck accident lawyer agrees to accept your case, several things will occur.
This first step is critical in laying the foundation for your claim, as it allows the truck accident attorney to gather necessary evidence and begin strategizing your legal approach.
Investigation of Semi-Truck Accident Claims
Once a lawyer accepts your case, they will conduct a thorough investigation. This investigation aims to uncover the root causes of the accident and identify all potentially liable parties involved.
Unlike typical car accidents, semi-truck accident lawsuits often involve multiple entities, such as the truck driver, the trucking company, the manufacturer of the tractor trailer or its components, and even cargo loaders.
Your lawyer will need to assess the extent of your losses, the seriousness of your injuries, and the likelihood that you will recover from them.
This might require your attorney to retain a medical expert to evaluate your injuries and your future potential treatment needs. Additionally, accident reconstruction experts may be consulted to analyze the crash and provide expert testimony if necessary.
Complexities of Liability in Semi-Truck Accident Lawsuits
One significant factor that sets semi-truck accident cases apart is the issue of liability. Determining who is held liable can be challenging, as multiple parties could share responsibility when an accident occurs. For example:
- Truck Driver: If the driver was fatigued, distracted, or under the influence, they could be held liable. Driver fatigue is one of the leading causes of semi-truck accidents.
- Trucking Company: If the company failed to maintain the vehicle properly or forced the driver to violate hours-of-service regulations, they could be responsible. Violations of the Federal Motor Carrier Safety Administration (FMCSA) guidelines can lead to accidents involving semi trucks.
- Vehicle Manufacturer: If a mechanical failure contributed to the accident, the manufacturer could be liable for producing faulty equipment used on commercial trucks.
- Cargo Loaders: Improperly loaded cargo can lead to tractor trailer accidents, making the loaders potentially liable.
Your attorney will meticulously investigate these potential factors to build a strong truck accident lawsuit.
The Insurance Company Might Be Aggressive
Many trucking companies and their insurance company aggressively defend against truck accident claims. Trucking carriers are required to carry liability insurance with high policy limits because of the risk for serious injuries or deaths in semi-truck accidents. Because of this, insurance companies often use teams of lawyers and adjusters to minimize the settlement amount.
Your truck accident attorney will have to negotiate with the insurance company to try to secure fair compensation for you. This process may involve submitting demand letters, negotiating settlements, and presenting evidence of negligence or wrongdoing. In some cases, you may have to file a semi-truck accident lawsuit in order to receive the compensation you deserve.
What Happens After a Lawsuit Is Filed?
If you are forced to file a lawsuit against the trucking carrier and other liable parties involved, each defendant will have time to answer your complaint. Once the answer is filed, your case will enter the discovery phase. This part of a truck accident lawsuit involves the parties exchanging evidence with each other, including:
- Truck Black Box Data: This data records important information such as speed, braking, and engine performance when the accident occurs.
- Electronic Logging Device (ELD) Logs: These logs track the driver’s hours of service to determine if they complied with federal motor carrier safety regulations.
- Maintenance and Repair Reports: These records can reveal whether the trucking company maintained the vehicle properly to prevent semi-truck accidents.
- Video Evidence: Dashcam footage or surveillance videos can provide crucial evidence in reconstructing accidents involving semi trucks.
The discovery phase also might include interrogatories and depositions. Interrogatories are a set of questions that either side can send to the other. If you receive interrogatories, you must answer them within a specific time.
Your truck accident lawyer can help you with your interrogatories. You can also send interrogatories to the defendant, and they will have time to respond.
Depositions are held outside of court and are held under oath. A court reporter will be there to transcribe the hearing. Both attorneys can call and question parties and witnesses.
Depositions can help the attorneys understand the testimony that will be presented at trial and assess the credibility of each witness.
Settlement Negotiations and Trial Preparation
During the entire lawsuit, your truck accident lawyer will continue negotiating with the insurance company. The process will depend on the liability determination, your medical treatment, the seriousness of your injuries, and the total amount of available insurance.
Most cases are resolved before they actually go to trial. However, some might not be settled until right before a scheduled trial, and others will proceed to trial before they will be resolved.
If your case does go to trial, your truck accident attorney will work with you so that you are thoroughly prepared and understand what to expect.
Talk to the Law Offices of Craig L. Cook
If you were seriously injured in a semi-truck accident or have lost your loved one, you should reach out to the Law Offices of Craig L. Cook for more information about semi-truck accident lawsuits.
Our attorneys represent truck accident victims in Arkansas and Oklahoma and can help you understand your claim.
Contact us today to request a free consultation by calling 479-783-8000 (Fort Smith), 479-455-2210 (Fayetteville), or 918-912-2132 (Tulsa) or sending us a message online.
