Going to Court After a Trucking Accident

Truck accidents often result in devastating outcomes due to the massive size and weight of commercial vehicles. Victims commonly suffer catastrophic injuries, permanent disabilities, or even the loss of loved ones. They also endure overwhelming financial losses due to hefty medical bills and lost productivity. Despite your right to compensation, you must deal with insurance companies that prioritize minimizing payouts over your recovery.

When negotiations fail or insurers deny responsibility, a lawsuit may be the best option to secure full and fair compensation. However, it’s not a straightforward process, which is why it’s essential to work closely with a legal professional. At Slingshot Law, our experienced Austin truck accident attorneys are prepared to guide you through every step of the process. We handle insurance disputes, gather compelling evidence, and fight aggressively in court on your behalf.

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Can I Sue for Being Hit by a Semi Truck

When truck accidents occur, victims and their families endure substantial losses. Filing a lawsuit against the responsible party may be necessary to recover a fair and just settlement. Below are key situations where pursuing a lawsuit is justified.

Sustaining a Severe or Permanent Injury

Truck collisions frequently result in life-changing injuries like:

• Traumatic brain injuries
• Spinal cord damage
• Multiple fractures
• Amputations
• Internal organ injuries
• Severe burns

Recovering from the above injuries requires long-term care and rehabilitation and may permanently affect your ability to work or enjoy life.

A truck accident attorney can use a lawsuit to pursue compensation for current medical expenses, future care needs, and lost earning capacity. They can utilize expert testimony from doctors, vocational specialists, and life-care planners to ensure the verdict accurately reflects your long-term suffering and financial needs.

The Wrongful Death of a Loved One

Tragically, many semi-truck crashes result in fatalities. You can initiate a wrongful death lawsuit if a loved one was killed due to a truck driver’s negligence. A truck accident lawyer can use the lawsuit to seek compensation for funeral expenses, lost income, loss of companionship, and emotional anguish.

A truck accident attorney can support you by identifying all responsible parties, including the driver, trucking company, and maintenance contractors. They can gather strong evidence, such as black box data, driver logs, and accident reconstruction evidence, to build a strong case that maximizes your recovery.

Low Settlement Offers

Insurance companies often attempt to minimize their financial obligations by offering settlements far below the actual value of your claim. Accepting such offers can leave you struggling with unpaid bills and long-term losses.

A truck accident attorney can file a lawsuit to challenge the insurer’s undervaluation of your damages. They can use the litigation to compel the insurer to disclose key evidence, call expert witnesses, and present a detailed accounting of all losses.

Disputed Liability

You can file a lawsuit when the negligent party or their insurer disputes fault. A truck accident attorney can use the lawsuit to obtain evidence through the discovery process. They can unearth supporting evidence, such as truck maintenance records, dashcam footage, witness statements, and driver background checks.
A lawsuit gives a truck accident lawyer the legal authority to subpoena records and depose witnesses under oath. It is also an opportunity to expose inconsistencies in the defense’s story, strengthening your claim for fair compensation.

Uninsured Truck Driver

You can initiate a lawsuit if the truck driver responsible for your injuries is uninsured or underinsured. A truck accident lawyer can enhance your chances of recovery by identifying additional liable parties.

They can also pursue claims under your uninsured/underinsured motorist coverage. A lawsuit can also give you access to the personal assets and future income of the negligent party.

Recklessness or Gross Negligence

You can initiate a lawsuit in a truck crash involving egregious misconduct such as drunk driving, speeding through construction zones, or falsifying driving logs. A judge can award you punitive damages to punish the negligent party and deter similar behavior in the future.

A truck accident attorney can present evidence proving the driver or company acted with reckless disregard for safety, such as falsified records or ignored federal regulations. By leveraging this evidence in court, a truck accident attorney can increase the value of your award.

How to Sue a Trucking Company

Filing a lawsuit against a trucking company after an accident can be a challenging and demanding process. These companies often have powerful insurance carriers and legal teams dedicated to minimizing payouts.

The support of a truck accident lawyer is instrumental in every stage of the process. For example, they can investigate the crash and represent you in court. Here are the steps involved in suing a trucking company.

Investigating the Accident and Identifying Liable Parties

After a serious truck crash, determining fault involves more than just pointing to the truck driver. Trucking companies, maintenance providers, cargo loaders, and even manufacturers may share responsibility.

A skilled truck accident attorney begins by investigating to uncover all potential liable parties. They can obtain and analyze evidence, such as the truck’s black box data, driver log books, maintenance records, and accident scene photographs.

They can also identify every contributing factor, such as driver fatigue, improper loading, or neglected maintenance. A truck accident lawyer will use evidence to strengthen your case and broaden the avenues for compensation.

Preserving Evidence

Trucking companies are often quick to repair or replace damaged vehicles, potentially destroying valuable evidence. A truck accident lawyer can act quickly to preserve key information by sending a spoliation letter.

The letter serves as a legal notice, requiring the company to retain all relevant data, including black box recordings, inspection reports, and communication logs. They can thereafter use the evidence to prove negligence and support your lawsuit.

Filing the Lawsuit

Once the investigation confirms fault, a truck accident lawyer will draft and file a complaint in court. A complaint is a document that outlines the facts of the case, identifies the defendants, and details the compensation being sought.

A truck accident attorney also ensures that the lawsuit complies with all procedural requirements, including the applicable statute of limitations. They will help you meet these deadlines so you don’t lose your legal right to compensation.

Discovery and Building the Case

The discovery phase is where your lawyer’s experience and knowledge come into play. Through depositions, interrogatories, and document requests, a truck accident lawyer will gather additional evidence from the trucking company and other parties involved in the accident.

The discovery process also enables the lawyer to obtain internal company records, driver training files, and GPS data, often revealing patterns of negligence, such as overworked drivers or violations of safety regulations.

A truck accident attorney may also work with accident reconstruction experts, economists, and medical specialists to establish the full extent of your losses.

Negotiation and Settlement Discussions

Most trucking lawsuits settle before trial, but only when the settlement amount reflects the true value of your losses. A truck accident lawyer uses their negotiation skills and in-depth understanding of personal injury law to advocate for fair compensation.

They handle all communication with insurance companies, preventing adjusters from pressuring you into accepting a low offer. A truck accident attorney can present evidence of negligence to strengthen your case.

Trial Representation

If the trucking company refuses to settle, a truck accident lawyer will present your case before a judge or jury. They can deliver persuasive arguments supported by expert testimony, accident reconstructions, and medical records.

An experienced truck accident attorney also understands how to simplify complex regulations and technical data for juries. Their courtroom experience ensures your story is powerfully told and that negligent parties are held accountable.

How Much Will You Get Paid if an 18-Wheeler Hit You?

Compensation from 18-wheeler truck accidents varies based on individual circumstances. Commercial truck accidents often result in higher potential compensation than standard vehicle collisions.

Here are the factors that influence the value of 18-wheeler truck accident lawsuits:

Severity of Injury

Injury severity also determines compensation levels. Minor injuries like whiplash or bruising that resolve within weeks warrant considerably less than catastrophic injuries requiring extensive intervention.

Severe injuries like spinal cord injuries or crushing injuries resulting in permanent disability command higher settlement values. An injury causing temporary pain differs from one requiring lifelong care.

The settlement or court must reflect this with a higher value that accounts for the current and future losses.

Availability of Evidence

Evidence is the foundation of a strong legal claim against the negligent party. The stronger the source of evidence, the better your chances of receiving a higher settlement offer. Cases with evidence, such as truck black box data or dashcam footage, typically secure higher settlements than those relying on limited or conflicting evidence.

Shared Fault

Your percentage of responsibility directly reduces potential compensation. If you were 15 percent at fault for distracted driving while the trucker was 85 percent responsible for an unsafe lane change, your recovery decreases by that 15 percent proportion.

In some jurisdictions, being found 51 percent or more at fault eliminates recovery entirely, regardless of damages suffered.

Insurance Coverage of the Negligent Party

Commercial trucks typically carry substantially higher insurance coverage than passenger vehicles. Their higher coverage ceiling enables enhanced compensation for victims with severe injuries.

Multiple liable parties, including trucking companies, vehicle owners, and maintenance contractors, can also expand available compensation through combined policy limits.

Duration of Recovery Period

Extended recovery amplifies compensation through accumulated costs and prolonged suffering. An injury requiring three months of treatment can result in a lower compensation value than one that demands three years of ongoing medical care.

Lengthy recovery periods also increase lost income claims and pain and suffering awards proportionally. Cases requiring permanent lifestyle modifications or career changes due to lasting disabilities also command higher settlement value.

Quality of Legal Representation

Experienced trucking accident attorneys increase compensation outcomes compared to unrepresented claimants. A truck accident attorney understands federal trucking regulations, how to obtain evidence like electronic logging devices, and can identify all liable parties.

Their willingness to litigate often results in higher settlement values or awards. Skilled representation transforms cases from quick, low-value settlements into comprehensive compensation packages addressing all current and future needs.

Let Our Truck Accident Lawyers Guide You Through the Court Process

If you’re facing the aftermath of a serious truck accident, initiating a lawsuit can feel intimidating. However, you don’t have to face the legal process alone. At Slingshot Law, our experienced Austin personal injury lawyers are committed to protecting your rights and pursuing the justice you deserve.

We bring decades of experience, proven litigation strategies, and strong relationships with expert witnesses to every case. You can count on us to protect your right to fair compensation. Call our office at (866)647-1311 to schedule an initial consultation.

Truck Accident Lawsuit Frequently Asked Questions

How Long Does a Truck Accident Settlement Take?

Truck accident settlements typically take between six months and two years, with more complex cases taking longer to resolve. The factors that influence the timeline include injury severity, liability disputes, cooperation with insurance companies, and the necessity of litigation.

Simple cases with apparent fault and minor injuries tend to settle the fastest. Cases involving catastrophic injuries that require maximum medical improvement often experience delays.

Do I Report an Accident to the Police?

Yes, always report truck accidents to the police. An official police report documents the scene, establishes facts, and identifies liable parties. They also generate a crash report, which is evidence for insurance claims and potential lawsuits against trucking companies.

Why Is My Settlement Check Taking So Long?

Truck accident settlement checks often take several weeks to process after an agreement is reached, due to the insurance company’s internal procedures or multiple approval layers. A truck accident lawyer must also handle lien resolution from medical providers, calculate attorney fees, and coordinate with the multiple parties involved.

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