Been in a truck accident and don’t know what to do?
Every year, thousands of people are involved in catastrophic trucking accidents. The lives of those people change forever. It is more common than most would think, with over 388,000 truck accidents annually in the United States.
Here’s the deal:
Most victims have no idea what their legal rights and options are when it comes to making a claim for damages caused in a truck accident. They settle for pennies on the dollar, while the trucking companies get away with it.
Trucking accident cases are not car accident cases. They involve multiple parties and complex federal regulations. Plus the stakes are higher. Truck accident cases often involve hundreds of thousands if not millions of dollars. Without a proper legal strategy, you could be leaving a lot of money on the table.
What you’ll learn:
- Know Your Legal Rights After A Trucking Accident
- How To Build A Winning Case Against Trucking Companies
- Getting the Maximum Value for Your Settlement
- Avoid Common Mistakes That Destroy Your Claim
Know Your Legal Rights After A Trucking Accident
Did you know that, on average, people make settlements in truck accidents that are significantly higher than normal car accidents?
The average truck accident settlement is around $427,336
Most average car accident settlements are from $20,000 – $50,000
But here’s the thing…
In order to get that money you have to know what you are legally entitled to, and have a legal strategy to demand it. The trucking companies know this, so they employ teams of lawyers to try to pay you as little as possible.
With a truck accident, you are not just dealing with the truck driver. You may be facing:
- The trucking company
- The company that owns the truck
- The company that loaded the cargo
- Multiple insurance companies
Each one of those parties is potentially liable. They each have teams of lawyers to try to deny responsibility. This is why you need a strategy that identifies all potentially liable parties.
Your legal rights for compensation include:
- All medical bills (past and future)
- Loss of income (including future loss of earning potential)
- Pain and suffering
- Property damage
- Punitive damages in the case of gross negligence
The other key part is knowing that trucking companies have vastly higher insurance coverage than a normal driver. Car insurance companies typically have policies that cap out at $100,000. But trucking companies carry commercial insurance policies starting at $1 million.
How to Build a Winning Case Against Trucking Companies
Here’s a little known fact…
Trucking companies are subject to federal regulations, which are not applicable to normal drivers. These regulations create liability opportunities that simply do not exist in car accident cases.
Hours of Service (HOS) rules are one example. Truck drivers are subject to strict limits on how many hours they can drive without rest. If your accident was caused by a driver who had exceeded their allowed driving hours, that’s automatic negligence.
Trucking companies must maintain electronic records of driver hours, vehicle maintenance history, driver qualifications and drug testing, and safety training records. This is all required by the Federal Motor Carrier Safety Administration (FMCSA).
The issue is…
The trucking companies don’t keep all of these records forever. Documentation is only kept for 3 years. Some evidence, like security camera footage, could be gone in a matter of days.
This is why time is of the essence. A skilled Oregon truck wreck lawyer will secure that evidence while it is still available, and build your case around it.
The most powerful legal strategies include:
- Evidence gathering: Downloading the truck’s electronic logging device data, subpoenaing maintenance records, and obtaining security camera footage.
- Expert witness testimony: Accident reconstruction experts can provide testimony that elevates your case from argument to indisputable evidence of liability.
- Regulatory compliance analysis: Investigation into whether the trucking company was in compliance with regulations. Non-compliance can be used as evidence of negligence.
Getting the Maximum Value for Your Settlement
Did you know the difference between a good settlement and a life-changing settlement often comes down to knowing how much your case is actually worth?
Insurance companies only want to pay out as little as possible. They will lowball you from the start, and make it look like a very generous offer.
Look at it this way: The average cost of a fatal truck crash is over $3.6 million and injury-producing crashes average $200,000 in overall costs. That’s the real financial cost these accidents cause.
Your settlement should include:
- Medical bills: Emergency room visits, surgeries, medications, and medical equipment.
- Future medical care: Ongoing treatments, rehabilitation, and long-term care costs.
- Lost income: Time off work and decreased earning potential if you can’t return to your previous job.
- Pain and suffering: Physical pain and emotional trauma. This is often the biggest part of the settlement.
- Impact on your life: How the accident has affected your ability to enjoy life and engage in activities.
The key to maximizing your settlement value is to document everything. Every doctor’s visit, every lost day of work, and every impact on your daily life.
Avoid Common Mistakes That Destroy Your Claim
Here are the most common mistakes truck accident victims make:
- Talking to insurance companies without a lawyer: Insurance adjusters are trained to get you to say things that hurt your claim later. Don’t talk to them without legal representation.
- Accepting the first settlement offer: Lowball offers are their “let’s close this case and get rid of you” offer. They know you will be desperate for money fast.
- Waiting too long to act: Evidence gets destroyed, witnesses forget, and statutes of limitations expire. The longer you wait, the weaker your case becomes.
- Not seeking immediate medical attention: Injuries can be invisible in the first few days. Gaps in medical treatment can be used against you to claim your injuries aren’t serious.
- Signing documents without understanding them: Insurance companies often try to get victims to sign release documents without them understanding what they are signing.
Building Your Legal Strategy Team
A truck accident case is too complex for a one-person shop.
You want legal representation that has specific experience with truck accidents, not general personal injury law. Trucking regulations and industry practices are different than in typical car accident cases.
Your team should include:
- Trucking accident lawyers who have a deep understanding of the industry
- Accident reconstruction experts
- Investigators who know how to preserve key evidence
The bottom line?
Truck accidents can lead to settlements from several hundred thousand dollars to millions of dollars. But only if you have the right legal strategy from the start.
The Keys to Success
Success in a trucking accident case comes down to three things:
- Speed in responding and preserving evidence.
- Quality of legal representation.
- Quality of case development, which means building a case that accounts for all damages and proves liability.
Don’t let trucking companies minimize your suffering. With a smart legal strategy and experienced legal representation, you can hold them accountable and get the compensation you deserve.
As a reminder, most truck accident lawyers work on a contingency fee basis, so there’s no up-front fee. You only pay if you win, and their fee is a percentage of your settlement. This means there is no financial risk for you, and it also means your attorney has a strong motivation to get you the biggest settlement possible.
It’s time to take action and start your journey to recovery.