Semi-Truck Crash: Understanding the Lawsuit Process - AllCarIndex
While you are on the road heading to work, home, or running your errands, you can never be too careful as a driver. Being sober and focused are the best things you can do because it helps keep you, your passengers, and other road users safe. However, this never rules out the possibility of another driver bumping into you or causing an accident. Such dangers are inevitably possible, especially when using a road that is frequented by trucks.
According to recent statistical findings, approximately five thousand people perish in passenger vehicles each year from semi-truck auto accidents. In most of these accidents, the truck driver is to blame, and they often result in lawsuits. Factors such as driver fatigue, distracted driving, improper loading, inexperience, and poor maintenance are commonly cited as contributors to these accidents. If you or a loved one has been injured or suffered a loss from a semi-truck crash, the following pointers can help you understand the lawsuit process.
1. Know What to Do Immediately After the Crash
Trucks come in different sizes and models. The word truck is used to refer to different types of vehicles out there. However, whatever big rig hits you, you need to call 911 for help. If you are not in a position to make the call, then you can have someone else do it for you. The dispatcher will need to access your condition from the phone, so make sure you give all the information you can at that moment.
When help arrives, ensure you receive medical help even if you are feeling okay. Some injuries are obvious but others will take time before they can manifest. You may feel totally fine at first, only to realize that you had internal bleeding or even major injuries like head trauma. This is not the time to act tough. Let the paramedic do their job and ascertain that you are okay.
The main point here is that your medical report will be required in the lawsuit, so make sure you get medical attention. Refusing to get treatment can be used against you in an injury claim with the defendant or the insurance company claiming that the injuries were not related to the accident.
2. Get a Competent Accident Lawyer
Any claim that might require you to go to court will always require you to have a lawyer at hand. As soon as you can do so, get a lawyer, and sign a contract with terms you are all comfortable with. As per the renowned practitioners at TomenyBest.com, semi-truck accidents are more likely to cause costlier and more catastrophic damages compared to crashes involving smaller vehicles. This means that in most cases, compensation for the damages sought will be higher. Also, the lawsuit will probably be more challenging since you will be up against larger corporations and giant insurers. For this and more reasons, the importance of a competent truck accident lawyer cannot be overlooked.
3. Gather Evidence
To secure yourself compensation from the defendant, insurance company, or even win the lawsuit in case it goes to trial, you will have some convincing to do. Once you have nursed your injuries and feel okay, it's time to get your lawyerand try to gat her evidence that will help you prove your case. This is also why it is crucial to collect as much evidence as you can at the scene of the crash and afterward. It will come in handy in your pursuit of compensation. Compile things like photos of the scene, witness statements, and even surveillance footage. These are often quite essential in these lawsuits.
4. Document Your Claim and Proceed Toward Settlement
After you have gathered and compiled enough evidence, your lawyer will now draft a document and have it sent to the defendant or the commercial truck insurance company of the business or individual responsible for your truck injuries. This can include the amount you are willing to accept as compensation. Once you have done this, the defendant or the insurance company will either accept your demands and opt for the settlement outside the court or negotiate the terms with a counter-offer. If the parties don't come to an agreement, then the case may proceed to the corridors of justice.
5. Go to Court
Trying to resolve the case without going to court usually helps avoid wasting time and money. In most cases, however, people don't agree, and seeking arbitration becomes the solution. This is where filing a lawsuit comes in. Once you have filed your complaint in court, they will take a look at the evidence and the compensation you are seeking before providing a ruling on the way forward. The case may also have to proceed to trial, where it is heard before the judge and the jury.
Crashes involving tracks can be quite perilous. The impact caused by these heavy commercial vehicles can be so destructive, and even fatal to the victims. If you or a loved one was a victim of such a crash, the above piece should shed some light on what is involved in the lawsuit process when seeking compensation and justice.