What is the Truck Accident Claim Process?

Truck accidents often lead to serious injuries and costly property damage. If you’ve been involved in a truck crash, you may be wondering what the truck accident claim process is like. In general, it consists of an investigation, negotiations with insurers, and, if necessary, litigation.

Truck accident cases are often more complicated than car accident cases. If you’ve been on the wrong end of a truck accident, a truck accident lawyer in Fort Myers can help you pursue damages.

What is the Truck Accident Claim Process Like?

The truck accident claim process generally involves these stages:

1. Initial consultation: Your lawyer will review the details of your accident, evaluate your potential claim, and explain your legal options.
2. Investigation and evidence gathering: Your attorney will launch a thorough investigation, which may include securing police reports, obtaining surveillance footage, reviewing black box data, interviewing witnesses, and analyzing trucking company records.
3. Filing of the insurance claim: Once sufficient evidence is gathered, your attorney will submit a detailed demand package to the insurance company outlining your injuries, damages, and requested compensation.
4. Negotiation with insurers: The insurance company will typically respond with an offer. Your lawyer will negotiate on your behalf to seek a fair and full settlement that reflects the extent of your losses.
5. Filing of a lawsuit (if needed): If a fair settlement cannot be reached, your lawyer will file a personal injury lawsuit and prepare to take your case to trial.
6. Litigation and resolution: If your case goes to court, your attorney will represent you during pretrial proceedings, depositions, and, if necessary, at trial.

An experienced personal injury lawyer can guide you through this process.

How Long Does a Truck Settlement Take?

It can take anywhere from a few months to several years to settle a truck accident case. Several factors can affect this timeline, including:

• Injury severity: More serious injuries often mean longer recovery times and more extensive medical documentation.
• Number of liable parties: Claims involving multiple defendants can take longer to resolve.
• Insurance company cooperation: Some insurers drag their feet or make lowball offers to pressure victims into settling early.
• Whether a lawsuit is filed: Filing suit can significantly extend a case’s timeline, especially if it goes to trial.

How Much are Most Truck Accident Settlements?

Truck accident settlements vary widely from case to case. Those involving minor injuries may yield four or five-figure payouts, while those involving serious or permanent injuries may result in settlements worth six or seven figures.

What Types of Damages Can You Recover in a Truck Accident Case?

In a truck accident claim, you may be entitled to recover a variety of damages, including:

• Medical expenses: You can receive compensation for hospital stays, surgeries, medications, and future medical needs.
• Lost income: If you missed work or can’t return to your job, you can recover lost wages and future earnings.
• Pain and suffering: These damages account for the physical pain and emotional trauma caused by the accident.
• Property damage: You can be reimbursed for vehicle repair or replacement costs.

How are My Damages Calculated?

Different types of damages are calculated in different ways:

• Economic damages are calculated using bills, receipts, pay stubs, and other documents. They cover past and future medical expenses, lost income, and property damage.
• Non-economic damages are more subjective and may be calculated using multipliers based on the severity of your injuries. For example, pain and suffering might be worth 1.5 to 5 times your total medical costs.
• Punitive damages, if awarded, are determined by the court and are meant to punish especially reckless behavior, such as driving under the influence or falsifying logbooks.

Who Pays for Damages After a Truck Accident?

Whoever is found liable for the crash will be responsible for paying your damages. Parties who can potentially be held liable for a truck accident include:

• The truck driver if they were negligent or violated traffic laws
• The trucking company for negligent hiring, poor maintenance, or pressuring drivers to break safety regulations
• The cargo company if the accident was caused by improperly loaded or secured cargo
• A manufacturer if a vehicle defect contributed to the crash
• Your own insurance, especially if your coverage includes an uninsured or underinsured motorist policy

How Do You Prove Negligence in a Truck Accident Case?

To win a truck accident case, you must prove that another party was negligent. To do so, you must establish these four elements:

• Duty of care: The defendant had a legal responsibility to act safely.
• Breach of duty: The defendant failed to uphold that responsibility.
• Causation: The breach directly caused the accident.
• Damages: You suffered injuries or losses as a result.

Evidence used to prove negligence may include police reports, dash cam footage, black box data, eyewitness statements, and expert testimony.

Why are Truck Accidents More Complicated Than Car Accidents?

Truck accident claims are generally more complicated than typical car accident claims for several reasons:

• Multiple liable parties: Several entities may be responsible, from the driver to the logistics company to the truck’s manufacturer.
• Federal regulations: Truck drivers and carriers are subject to strict rules set by the Federal Motor Carrier Safety Administration (FMCSA). Proving violations of these rules often requires deep legal knowledge and access to specialized records.
• More serious injuries: The size of trucks often leads to more catastrophic injuries and higher stakes.
• Commercial insurance policies: These policies typically have higher coverage limits and involve powerful insurance companies with legal teams trained to minimize payouts, which can make negotiations more challenging.
• Complex evidence: Electronic logs, black box data, and cargo records must be preserved and analyzed.

These factors make truck accident cases more difficult to investigate, litigate, and resolve without an experienced attorney.

Why Hire a Truck Accident Lawyer?

Hiring a truck accident lawyer significantly increases your chances of a successful claim. Here’s why:

• Investigative experience: A lawyer can secure and preserve critical evidence.
• Access to experts: An attorney can work with accident reconstructionists, medical professionals, and other experts to strengthen your case.
• Negotiation skills: Insurers often try to minimize payouts. A lawyer knows how to fight back.
• Legal knowledge: Understanding trucking laws and federal regulations requires specific legal knowledge and skill.
• Peace of mind: An attorney can handle all of the paperwork, communications, and deadlines associated with your case so that you can focus on your recovery.

Contact a Truck Accident Lawyer

If you’ve been injured in a truck accident, the clock may already be approaching your deadline to file a claim. An experienced truck accident lawyer from Viles & Beckman can help you get through the legal process and obtain the compensation you need to move forward.

We have over four decades of combined experience to bring to your case. Schedule a free consultation to get started on your claim.