How to File a Truck Accident Lawsuit?

Trucking accidents are life-changing. They leave you with injuries, financial burdens, and countless questions about what to do next. A truck accident lawsuit is your path to justice after an accident.

Filing a semi-truck accident lawsuit involves multiple steps. Each stage requires careful attention to detail and knowledge of the law. The lawsuit is not only about proving that the crash occurred. You must prove liability and the extent of your damages.

Here’s an in-depth guide to understanding the process. You will also learn how a truck accident lawyer can help you push for compensation.

Factors Impacting Your Truck Accident Lawsuit

No two truck accident claims are equal. Several circumstances shape the trajectory of your case. Legal representation can help you better understand your options.

State Laws

Every state enforces laws governing personal injury cases, including statutes of limitations and damage caps. A skilled truck accident lawyer will know how to use these laws to your advantage.

Federal Trucking Regulations

Trucking companies and drivers must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Regulation violations can prove negligence.

Insurance Coverage

Truck companies usually carry large policies. They’re still challenging legal opponents. Insurance companies will try to minimize payouts or deny claims altogether.

Preparing to File Your Lawsuit

The success of your claim depends on your evidence. A truck accident attorney can help you build a strong case. By collecting evidence, your lawyer creates a clear picture of the accident and its effects.

Hire a Truck Accident Attorney

Legal representation is essential to seeking justice. Navigating the aftermath of an accident is difficult enough. You shouldn’t worry about your legal team. With more than 24 years of experience, we have the skills and resources to file a winning claim.

Obtain Police and Accident Reports

Collecting documentation is one of the first steps in preparing a lawsuit. Police and accident reports provide an objective account of what occurred. These reports often include critical information, such as vehicle descriptions, road conditions, and witness statements.

Gather Witness Statements

Eyewitness accounts are critical. They shed light on factors contributing to the accident, such as reckless driving or failing to yield. Gather these statements quickly, because memories fade.

Document Your Injuries and Losses

Good documentation is important for getting compensation. Photos show clear proof of your injury. Medical records and bills explain the treatment you received. Records of lost wages and other finances show the financial impact of the crash.

Preserve Evidence from Trucking Companies

Trucking companies often hold information that affects the outcome of your case. For example, federal regulations require them to maintain inspection records and driver logs. Companies are required to keep data from the truck’s electronic logging device’s (ELD).

Filing the Lawsuit: Step-by-Step

Once your attorney gathers the necessary evidence, they’ll file your lawsuit. Here’s how the process typically unfolds:

1. Determine Liability

Determining liability for a truck accident is difficult. Truck accident claims often involve multiple parties. Here is a list of potential responsible parties in a truck accident.

• The truck driver
• The trucking company
• Manufacturers
• Cargo loaders

2. Draft and File the Complaint

Your attorney will use the evidence to create and file a complaint. This document starts the lawsuit and outlines your claims against the defendants. It usually includes these elements:

• A summary of the accident.
• An explanation of why the defendants are liable.
• A detailed account of your injuries and damages.
• A request for specific compensation.

3. Serve the Defendant(s)

After you file the complaint, your attorney will give the defendants a copy of the lawsuit. This step makes sure everyone knows about the charges. The defendant can then respond. We have received responses that include these elements:

• Admitting, or denying, the allegations.
• Stating any defenses.
• Possibly filing a counterclaim.

4. Begin the Discovery Process

In discovery, both sides exchange information and evidence related to the truck accident lawsuit. The discovery process often includes:

• Depositions: Sworn statements from witnesses and involved parties.
• Interrogations: Specific questions that the opposing side must answer.
• Requests for Documents: Evidence such as maintenance logs, driving records, and cargo loading reports.

5. Negotiate the Settlement Offer

Settlements solve truck accident and commercial vehicle lawsuits more often than trials in court. During negotiations, your lawyer will try to get you money for your losses. This money usually covers medical bills, lost wages, pain and suffering, and property damage.

6. Trial Begins (If Necessary)

However, if a settlement isn’t reached, then your claim will move to trial. Both sides present their arguments and evidence to a jury and judge. Trials are often costly and stressful for both the claimant and defendant.

Our Truck Accident Law Firm Will Fight for You

Filing a truck accident lawsuit is a significant step toward rebuilding your life. You can take three steps to increase your odds of an outcome in your favor. First, you should understand the legal process. Then, you should hire a skilled truck accident lawyer. They will help you gather evidence and file a strong claim.

At Alexander Shunnarah Trial Attorneys, our results speak for themselves. We’ve recovered over $2 billion for more than 250,000 clients. Imagine what we could do for you and your future.