When a truck slams into you on the highway, your world is shattered and turned upside down. You may have severe injuries, lost earnings, and more. Plus, you will probably be in a complex legal and insurance battle when you can least afford and deal with it. Anyone injured after a tractor-trailer accident should retain a truck accident lawyer for legal guidance.
Troubling Truck Accident Statistics
Many severe truck accidents occur daily across America. In one year, 4,764 people died in truck crashes, and 66 percent of them were car occupants. About 16 percent were pedestrians or cyclists.
Also, 120,000 big rigs were in accidents that caused injuries. This was a 2.5 percent rise from 2021, and the number of tractor-trailers in crashes has risen 18 percent. Unfortunately, many of the severely injured victims are those in smaller vehicles.
With so many severe accidents, deaths, and injuries, anyone hit by a commercial truck should retain a personal injury lawyer immediately. It takes legal knowledge, skill, and experience in truck accident cases to obtain the best financial outcome.
Why You Should Hire A Truck Accident Attorney Now
Truck accidents are vastly different from other crashes because of the size and weight of the big rig. An 80,000-pound truck slamming into a car that is maybe five percent of the truck’s weight will cause a devastating collision. The people inside the smaller vehicle bear the brunt of the violent crash forces.
Vital reasons that you should not delay and contact a truck accident attorney now include:
You Probably Have Severe Injuries
First, understand that a truck crash with a car is nothing to take lightly. It’s usually a catastrophic impact that totals your vehicle and mangles your body. The victim of a truck crash may be devastated by life-changing injuries and other damages. Common injuries are:
- Broken bones
- Spine injuries
- Traumatic brain injuries
- Burns
- Disfigurement and scarring
- Internal injuries
- Death
With so much damage and loss, you should never attempt to settle a claim with the trucking insurance company. You will almost always settle for far less than you deserve. You should have a truck accident attorney manage settlement negotiations from the start. If you lose a loved one in the truck crash, your personal injury attorney will file a wrongful death lawsuit against the liable party.
Truck Accident Lawyers Know The Law
Truck crashes involve complex federal and state regulations that distinguish them from conventional auto accidents. Federal and state laws address everything about commercial trucks, from how they are operated and maintained to the hours truckers can drive per week and driver qualifications in hiring.
A skilled truck accident attorney knows the laws and regulations intimately and will pinpoint any violations that may have caused the accident.
For example, federal hours-of-service laws state that truck drivers may only drive so many hours in a row and a work week. Your attorney will seek evidence that the driver violated the law and caused your accident. They may obtain the driver’s cell phone records, information from their electronic driving log, and time records from the employer. They will prove if the driver violated the law and caused your accident because of fatigue, distraction, etc.
Determine Liability
If you want compensation, you must prove that another party violated their duty of care and caused the truck accident. The challenge with truck accidents is they are often complicated and may involve multiple vehicles and liable parties. Potentially liable parties may include:
- The truck driver
- Trucking company
- Cargo loading company
- Vehicle or part manufacturers
Determining that multiple parties violated their duty of care and injured you is difficult. It will require an experienced truck accident attorney to investigate the accident with the help of accident reconstructionists, police reports, witness statements, surveillance footage, and more.
Showing that another party or parties injured you and caused the accident is also expensive, and you should hire an experienced truck accident law firm with plenty of resources to take on this work.
Identify All Damages
The damages from a regular auto accident are often straightforward. You may receive compensation for medical bills, lost income, and property damage. However, a truck accident may cause major injuries and damage you might not know.
For instance, if you suffered a severe injury with a disability, you may be unaware of what your future medical needs will be. You may not know when you will recover or whether you will work again. Ensuring your compensation is enough to cover future losses you don’t know today is essential.
A truck accident attorney knows the evidence to collect to prove the full extent of your losses, including:
- Past, current, and future medical bills
- Past and current lost income
- Lost future earning ability because of a severe or catastrophic injury
- Pain and suffering from the injuries and treatments
- Mental and emotional anguish, PTSD, depression, anxiety, etc.
Deal With Insurance Companies
Imagine being in a hospital bed with severe injuries, such as a head injury, broken back, or internal injuries. Can you imagine if you had to deal with the trucking company’s insurance provider when you were in pain and receiving treatment?
A truck accident attorney will handle the insurance company adjusters and negotiations while you are recovering from your injuries. The insurance company knows you are hurt and probably need money. If you try to deal with them yourself, you probably will settle for less than you deserve. Injury victims don’t usually understand the full value of their truck accident claim, but your attorney does.
Develop The Best Legal Strategy
Truckers and carriers must follow strict regulations to ensure their drivers and rigs are safe for the road. Your truck accident lawyer understands the regulations and knows how to prove violations. They will use this information to develop a legal strategy that builds your case and maximizes your compensation.
Access To Professionals And Financial Resources
Truck accident claims are complex and costly. Proving to the insurance company or jury how the crash happened may cost tens of thousands of dollars. Can you afford that expense, even if you knew how to prove that the trucker or employer violated their duty of care and caused the accident? Probably not.
Your truck accident attorney will have access to medical, accident, and economists to prove your case and demonstrate your medical bills and losses. For example, they may hire an accident reconstructionist to show how the crash happened.
Experienced truck accident law firms have the experience and financial resources to prove fault in the most complex cases. The law firm usually covers the legal fees incurred during the case; they receive reimbursement when you pay them from your settlement at the end of the case.
Understand Local Laws
Every state and locality has its laws for personal injury claims. In Florida, for example, there are deadlines for filing personal injury claims that you must know. Also, Florida has no-fault laws that might come into play if you suffered an injury in a truck or car accident.
Peace Of Mind
Another good reason to retain a truck accident attorney is you will have peace of mind at a difficult time. You can have major injuries that take months to heal, followed by rehabilitation. You don’t want to be stressed about a truck accident settlement and negotiating with insurance companies. Relax and heal, and let your truck accident lawyer handle everything.
How Much Can A Truck Accident Lawyer Get You?
There is no average truck accident settlement amount. However, the amount of a truck accident settlement varies by the factors listed below. A truck accident attorney will almost always obtain more in your settlement than you can alone:
Severity Of Your Injuries
The extent of your truck crash injuries will affect your settlement. Catastrophic injuries, such as a traumatic head injury or spinal cord injury will require expensive medical care for months or years. The more severe the injuries, the higher the settlement will be.
Cost Of Medical Care
Every American knows that medical care is expensive in this country. Just a few days in the hospital may cost tens of thousands of dollars. So, you can picture what a month or two in the hospital can cost, and it will be even more if surgeries are needed.
So, a truck accident victim with $250,000 in medical bills will always have a higher case value than someone with $5,000 in medical bills for a minor injury.
Lost Earnings And Lost Earning Capacity
Did the truck accident cause you to miss a lot of work? Did it leave you where you cannot work in your previous job? You may be entitled to ample compensation for lost income and earning capacity.
For example, if a truck crash leaves you paralyzed, you probably cannot work in a job that requires you to walk. You can receive compensation for the injury and treatment and lost future income. Your truck accident attorney will retain economic and occupational specialists to accurately calculate your lost future income.
Pain And Suffering
A severe truck crash injury, such as third-degree burns from a fuel fire, will be excruciating. The initial injuries will be painful, as will any skin graft treatments. The mental and emotional anguish from such a permanent injury also will be substantial. Thus, your settlement value will be higher than for minor injuries, such as cuts and bruises.
Insurance Availability
Your truck accident case can be worth hundreds of thousands, but recovering full value may be difficult if insurance doesn’t cover it. Fortunately, commercial trucking firms must carry at least $750,000 in liability insurance, and often more. Regular drivers often only carry the state minimum insurance of $10,000 of personal injury protection (PIP) in Florida and other states.
How To Maximize Your Truck Accident Compensation
You must receive maximum compensation for your truck accident claim because your injuries and damages are probably substantial. Here are several tips to maximize what you get in your truck crash lawsuit:
- Keep good records: You should have a file that contains records of medical treatments, lost earnings, and all expenses related to your truck accident case. It also helps to have videos, photos, police reports, and eyewitness contact information. Your truck accident attorney can obtain most of this information, but it helps if you have it.
- Get medical care fast: You should always go to the ER after any truck accident. Don’t delay getting medical attention because you think you aren’t injured. You can have a serious head or spine injury and not know it in the first post-crash hours. Delaying medical care means a worse health outcome. You also risk a subpar legal result because the truck insurance provider may question your injuries and how they happened.
- Call a truck accident lawyer immediately: After the crash, you should call the police and first responders. Then, call a truck accident lawyer if you think another party caused the crash. Even if you aren’t sure about fault, call a lawyer. The sooner your attorney is on the case, the better the odds of a favorable outcome. You may say something to the police, trucker, or insurance company that damages your claim.
A truck crash is one of the worst things that can happen to drivers. You should always retain a skilled tractor-trailer crash attorney to provide the best legal outcome. When there is a severe injury, a lot is on the line for your health and finances, so hire a truck accident lawyer to maximize your compensation.
Talk To A Truck Accident Lawyer Now
A tractor-trailer crash with a smaller vehicle is usually catastrophic. You can suffer devastating injuries if you are unfortunate enough to be hit by a big rig. You should immediately retain a truck accident lawyer to maximize your compensation. Truck crash injuries are serious, and you will have substantial medical bills, lost income, and more. Speak to a Tampa personal injury attorney today during a free consultation to explore your options and understand your rights.