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Seeking compensation can be tough when you are hurt in a truck accident. An at-fault party may raise defenses to limit its responsibility. Our truck accident lawyers at Arash Law have been helping victims like you for over a decade. We may be able to advocate for your rights during the claims process.
Our truck accident attorneys can help identify the liable party or parties, gather evidence, interview eyewitnesses, negotiate with the insurance company, and bring your case to court, representing you if necessary. We could assist with all the legal aspects of your case while you focus on healing or caring for an injured family member due to an accident that was not your fault.
Our legal team can advocate for your rights while you recover. Contact us at (888) 488-1391 for a free initial consultation with our truck accident lawyers.
What Is The Definition Of A Commercial Vehicle?
A commercial vehicle (CV) is used to transport goods and general equipment, as opposed to other types of vehicles that carry passengers. Due to their versatility and practicality, delivery drivers and working professionals often utilize commercial vehicles in various trades instead of passenger vehicles like family sedans.
When we think of commercial trucks, 18-wheelers, semis, and big box trucks may come to mind. However, other kinds of automobiles are also classified as commercial carriers. Any vehicle that weighs more than 10,001 pounds, transports hazardous items, or carries more than 15 passengers is considered a CV.
The Gross Vehicle Weight Rating (GVWR) is a standard used to determine the maximum weight a vehicle can safely handle. This rating considers the vehicleโs net weight and that of the drivers, passengers, fuel, and cargo. The GVWR is calculated by automakers using various parts, including the axles, frame, suspension, tires, and more.
Here are some types of trucks and vans categorized as commercial motor vehicles:
- Amazon delivery vans.
- Flatbed trucks.
- Garbage trucks.
- Moving trucks.
- Cement trucks.
- Utility trucks.
- Fire trucks.
- Tow trucks.
- Public transit or city buses.
- Charter buses.
- School buses.
- Gas tankers.
These large vehicles are likely to result in serious damage to other vehicles and severe injuries in an accident. Generally, the larger and heavier the truck, the more severe the related injuries.
Truck Accident Lawyers With Knowledge Of Tort Law
Lawyers who handle truck accidents practice tort law. Justia defines a tort as a private or civil wrong or injury that can be rectified through compensation. The main goal of tort law is to โmake whole againโ the injured party.
The victims of truck accidents may seek compensation from the negligent parties for their injuries and losses. With the assistance of truck accident lawyers, the injured party can receive assistance in pursuing damages.
Truck accident lawyers can help victims file a claim for damages, which may include the following:
- Medical costs (both current and future).
- Lost earnings.
- Loss of earning capacity.
- Property damage.
- Emotional distress.
- Physical pain and suffering.
- Wrongful death.
Personal injury law is a big umbrella that covers various accidents and injuries, including car crashes, bike accidents, bus incidents, dog bites, slips and falls, medical mistakes, and wrongful deaths. Truck accident lawyers are dedicated to helping people pursue compensation after suffering injuries or losses in truck crashes caused by anotherโs negligence.
Will Hiring A Lawyer Help My Truck Accident Case?
Truck accidents are among the deadliest on the road, so it may be necessary to ask a lawyer to assist you if you get injured in one. Identifying who should be held liable might be challenging because multiple parties are often associated with truck collisions. You can thus get legal guidance from an experienced lawyer as you proceed with your claim or lawsuit.
The following are the legal services an experienced truck accident lawyer can provide for a valid claim if you are injured or a loved one was killed in a crash involving these large vehicles.
Demonstrating Liability In A Truck Accident Case
One of the first steps a truck accident lawyer will take is to conduct an independent investigation. You need to provide as much evidence as possible when seeking financial compensation for a truck accident. The accident report, the truckerโs driving log, the truckโs maintenance history, the truckโs governor and Electronic Control Module (ECM), and the truckโs freight manifest are just a few examples of evidence that could support your or your familyโs legal rights. Your lawyer can use the formal โdiscoveryโ process to obtain these documents and data, using them later to seek compensation on your behalf.
Truck accident cases are usually more complicated than typical vehicle collisions. You may assume the truck driver is solely at fault for the crash. However, there may be more than one party to blame for your injuries and losses. In a truck accident case, possible defendants may include the following:
- The truck driver.
- The trucking company.
- The truck manufacturer.
- The shipping company.
- Insurance companies.
- Government entities.
A truck component may have failed during transport, causing the accident. That might mean the truck manufacturer or the company that makes the part bears some liability. A truck accident lawyer can identify all potentially liable parties in your case and work to hold them responsible in a claim or lawsuit.
If the truck driver is an independent contractor, the companyโs control over their drivers may be an issue. The Federal Motor Carrier Safety Administration (FMCSA) oversees commercial vehicle safety on American highways.
Establishing Grounds For Your Truck Accident Case
To pursue a personal injury claim, you must establish negligence. There are four basic elements of negligence in personal injury cases. For example, a person injured by a truck driver must prove:
- The truck driver owed you a duty of care to drive reasonably and safely.
- The truck driver breached or violated that duty of care.
- That breach of care caused you or your loved oneโs injuries.
- You or your loved one suffered damages and losses due to those injuries.
Initiating The Discovery Phase
An experienced truck accident lawyer can prepare your case as if you were going to trial. While many personal injury cases are settled outside of court, an experienced attorney knows the need to be ready for litigation if it becomes necessary.
Your attorney can gather evidence, review applicable laws, and start formulating legal theories about the accident to prepare for the discovery stage of the lawsuit. Additionally, they might prepare court pleadings, create discovery requests, and interview and depose witnesses.
What It Takes To Build A Case
Whether compiling a claim to present to the insurance company or presenting your case to a jury in court, a truck accident lawyer can do all of the following while you focus on your recovery:
- Examine your caseโs details and determine whether your claim is valid.
- Investigate and collect evidence to build your case, including police reports, videos or photos from the accident scene, camera footage, any data from the truckโs onboard electronic information system, eyewitness statements, expert testimony, and more.
- Gather and compile all your medical bills, expenses relating to the injury, and any documents proving loss. According to the Centers for Disease Control and Prevention (CDC), car accident injuries often require emergency medical care in a hospital.
- Identify all parties and insurance companies who could be liable.
- Assess all damages to estimate the compensation you may be entitled to pursue.
- Negotiate on your behalf with insurance companies to reach a settlement.
- Take your case to trial if negotiations fall through.
A skilled lawyer from Arash Law can handle negotiations and correspondence with insurance companies on your behalf. We can file all relevant documents for you and talk to insurance adjusters so you can rest and focus on your needs.
Our personal injury lawyers, who work on contingency, will want to assess the strength of a personal injury case before taking it on. A contingency fee system means the lawyer only gets paid if the client wins a settlement or award. While clients are still responsible for certain case expenses, this fee structure aims to help them seek legal counsel without worrying about upfront fees.
Calculating And Documenting Your Losses
To assist with your healing and documentation needs, your lawyer can help keep track of your medical records and document the effects of your injuries daily. You or your loved one may be facing serious injuries that require hospitalization, multiple surgeries, assistive medical devices, and costly rehabilitation.
Managing The Costs Of Your Accident
If you are having trouble with your payments due to the accident, your attorney can explore options to address your bills related to the accident. For instance, your lawyer can assess your pre-settlement funding choices and send a Letter of Protection to your healthcare providers.
In addition, your legal counsel can estimate the damages you may be eligible to seek in a personal injury case. They can be classified as either economic or non-economic.
Calculating Your Economic Losses
The following economic losses can be estimated by your truck accident lawyer:
- Medical expenses.
- Lost wages.
- Loss of earning capacity.
- Out-of-pocket expenses.
Calculating Your Non-Economic Losses
In addition to economic damages, you may be able to claim the following non-economic losses:
- Pain and suffering.
- Emotional distress.
- Disability.
- Scarring and disfigurement.
- Loss of companionship and consortium.
- Loss of enjoyment of life.
These losses can be challenging to calculate. However, your legal counsel will know what evidence to gather to support your claim and the damages you seek.
Negotiating With The At-Fault Party On Your Behalf
Your attorney for truck accident cases will negotiate with the defendant(s) and their insurers after calculating your losses and filing one or more claims against the liable party (or parties). In some cases, negotiations can take several months or even longer, depending on the complexity of the accident and the companies involved. To keep you updated on your settlementโs progress, your lawyer will inform you throughout the negotiation process.
Reviewing Settlement Offers
The phrase โdo not signโ is practically a clichรฉ in personal injury law. You may have heard personal injury lawyers say this in commercials, but what exactly does it mean?
After an accident, the insurance companies gather information from the drivers involved and look at police reports and other evidence closely. They decide who is at fault and how much the other party should be compensated. Then, they send a letter offering you the amount of compensation they deem appropriate. If you sign the offer letter, you lose your right to file a lawsuit regarding the accident.
Even if the amount the insurance adjuster offers seems enticing, consider speaking with a truck accident lawyer to review these offers before you sign. Injuries often take time to manifest, and you might not want to settle your claim until you fully understand the extent of your injuries.
Helping You Avoid Common Mistakes In The Claims Process
If you have an accident resulting in injuries and losses, you may receive multiple calls from insurance companies asking for more information. The problem with going through this process alone is that what you share may either help or hurt your claim.
In fact, even an unconscious apology for the crash may be misinterpreted as admitting fault for what occurred. A truck accident lawyer can manage communications with insurance companies to help protect your claim. You can tell the insurance provider that you have picked an attorney to represent you in your claim, and they will speak with them for you.
Your Truck Accident Lawyer Will Send The Demand Letters
After looking into the truck accident and building your case, your attorney will write a demand letter to the negligent partyโs insurance provider. This letter will describe the accidentโs details and ask for a particular sum that reflects your damages.
Even before your lawsuit is concluded, having a capable legal representative can help you throughout the claims process.
Preparing Complaints and Providing Legal Representation in Court
In most cases, a truck accident case is settled out of court. However, if negotiations donโt result in a settlement, your truck accident attorney may lodge a complaint with the responsible party. The complaint is one of the initial documents submitted in a truck accident lawsuit. The at-fault party typically has 30 days to respond to the complaint once it has been sent.
If your case does proceed to trial, your truck accident attorney can represent your interests in court and present your case to a judge or jury.
Contact Arash Law For Legal Guidance On Your Truck Accident Claim
You may be dealing with financial, physical, and emotional burdens after being injured in a truck accident that was not your fault. Our truck accident attorneys from Arash Law can investigate your case and build a substantiated case if you have a valid claim. We can also negotiate with the insurance company so you and your family can focus on healing and moving forward.
You can have a detailed discussion with a truck accident lawyer about your accident when you call us for a free initial consultation at (888) 488-1391. You can also contact us online.
