When To Contact An Attorney For A Semi-Truck Accident Case?
A semi-truck accident may be much more complicated than an ordinary motor vehicle accident. A truck is a large and heavy vehicle, and a crash may cause injuries, property damage, loss of wages, and medical bills. If you have been injured in an accident with a semi-truck, you may be unsure if it will be necessary to retain a lawyer for an insurance claim or you can do it on your own.
In many cases, discussing your situation with a semi-truck accident attorney as soon as possible may help to learn your rights and protect your interests. A case involving a commercial truck may include a number of parties including the driver of the truck, the trucking company, various insurance companies, maintenance company, cargo company, and others.
When To Contact A Semi-Truck Accident Attorney?
You should consult an attorney if you have been seriously injured, your medical treatment is ongoing or if the insurance company denies liability. It may be necessary to consult a lawyer if the accident involves several vehicles or if there are doubts regarding the liability.
Another reason why you should contact an attorney as soon as possible is the evidence. An accident involving a commercial truck may involve accident reports, photos, witnesses' statements, information about the driver, vehicle, inspection data, and various other documents. There are federal records by the FMCSA containing information regarding commercial drivers, vehicles, carriers, and accidents.
The sooner the attorney becomes involved in the case, the sooner they will be able to evaluate the evidence and identify potentially liable parties.
Of course, not every truck accident needs legal representation. If you have received only minor injuries, the case does not involve significant losses, liability is clear, and you do not experience any pressure from the insurance company, you do not have to hire an attorney.
This article provides general information only. It does not constitute legal advice
Serious Injuries Are a Good Argument for Hiring a Lawyer
If you suffer any serious injuries, this is one of the cases that should prompt you to consider hiring a semi-truck accident attorney. You may experience fractures, back injuries, brain damage, internal injuries, permanent disabilities, and other serious health problems due to the collision with a truck.
Injuries may lead to various expenses besides the price of treatment at the emergency room. You will need to pay for surgeries, physiotherapy, medications, follow-up consultations, rehabilitation programs, etc. You will also need money if you are unable to work and earn.
Therefore, calculating all possible financial consequences of the accident may take much time when you try to recover. The attorney will assess the situation and tell you what kind of compensation you may get according to your state laws.
Insurance Company's Involvement
Insurance companies employ professional insurance adjusters and attorneys to resolve accidents. You may receive calls and messages from them after a semi-truck accident.
It is very important to realize what you agree to if you accept a settlement or sign a release. An insurance company offers you money shortly after the accident may not calculate your future costs of treatment or losses.
Thus, the attorney will negotiate with insurers and determine whether it is reasonable to accept their offer based on the details of your case.
It is also important to watch what you say as your words can be used against you. You should not make assumptions about the causes of an accident or confess anything you do not have to.
If you are seriously injured, receiving legal assistance is advisable when you make an important decision concerning your accident.
The right moment for contacting a lawyer is usually before accepting a settlement especially if your injuries are significant
Retain a Lawyer if Liability is Unclear
Establishing the cause of a semi-truck accident does not always come easily. The truck driver might be deemed responsible due to speeding, distracted driving, improper lane changing, fatigue, or some other instance of negligence. On the other hand, liability could be with the trucking company, vehicle owner, maintenance service, cargo loading company, or any number of others.
With many parties who could potentially be at fault, a semi-truck accident investigation requires more than merely examining the police report.
The Importance of Evidence
Sometimes evidence can help determine how the accident occurred. This can include photos of the accident scene, pictures of the damage to the vehicles, witness statements, the police report, medical records, video footage, and information about the commercial vehicle and its operator.
Federal regulations also impose recordkeeping duties upon motor carriers. FMCSA provides guidelines that indicate carriers must keep an accident register for certain crashes from the past three years.
The FMCSA’s crash statistics data also includes information from federal, state, and local police reports that involve commercial motor carriers.
An attorney experienced in semi-truck accident cases will know which records can be relevant to your case.
Evidence Could be Harder to Gather With Time
Putting off the investigation could make things more complicated. It could become increasingly difficult to find witnesses, memories could get lost, and the physical evidence could become altered or lost.
That is why it is particularly crucial to retain an attorney early if the accident was serious or liability was unclear.
It is vital to retain evidence in your possession already. Photos, medical information, insurance paperwork, estimates, receipts, and other documentation related to the accident.
Do not delete any relevant information including photos, videos, text messages, etc.
A lawyer will review all the evidence and explain what further documentation would be needed for your case
When More Than One Party May Be Liable
Sometimes, the legal responsibility for causing the accident may fall upon several individuals or companies. This may occur because a truck driver was driving a vehicle, and a separate company owned the business, another firm was responsible for maintenance, and someone else loaded the cargo into a truck.
In order to find out who could be legally responsible for a collision, the situation and state law should be taken into account.
This is the reason why investigation of truck accident cases can take some time. The lawyer may review the evidence of the case, commercial vehicle data, company documents, statements of witnesses, and other relevant materials.
When an Insurance Company Makes You an Offer
You may wish to speak with a lawyer prior to making a decision to accept the settlement in case of serious injuries and possible future losses.
After accepting the settlement and signing the release, you may lose your right to recover any further compensation. Depending on the agreement terms and the applicable state law, you may or may not get this opportunity.
A lawyer can review the terms of the settlement offer and discuss with you all its details.
When It Seems That a Lawsuit is Required
Not all cases related to the truck accidents go to court. Most injury claims are settled by negotiation between the victims, their attorneys, and the insurance companies.
But when there is no way to agree on the compensation amount, it may be necessary to file a lawsuit.
An attorney can advise on the process of litigation that may include the following steps: discovery, depositions, experts' opinions, negotiations, and trial.
You shouldn't think that you have plenty of time to initiate the lawsuit. Since the deadlines depend on the state laws and circumstances, you must be aware of all your deadlines and obligations.
Contacting a lawyer at an early stage of a truck accident case may help you learn more about all applicable deadlines and other legal issues
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
