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05/29/24   |   By

How to File a Truck Accident Lawsuit

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Truck Accident Lawsuits

Every truck accident begins with a cause. Something caused the driver to make a mistake. Very often, the cause is nothing more than negligence. At Regan Zambri Long, you shouldn’t have to pay for someone else’s negligence.

If you are one of the thousands of victims who have suffered severe injuries as a result of an accident with a large truck, you may wonder what your legal options are for financial compensation.

Regan Zambri Long helps truck accident victims and their families seek justice against negligent trucking companies and truck drivers. If you or a loved one are seeking legal assistance in a tractor-trailer accident lawsuit, Regan Zambri Long can help.

Hire a Truck Accident Lawyer

Filing a lawsuit against the trucking company or driver liable for your accident injuries can be daunting. However, by hiring an experienced truck accident attorney, you can take on the liable parties with confidence, knowing that you don’t have to undergo the legal proceedings alone.

Though you never have to hire an attorney, there are benefits to doing so, especially if you’ve never filed a personal injury claim before.How to File a Truck Accident Lawsuit One major reason is to avoid being held victim to the law of contributory negligence.

In Washington, DC, Virginia, and Maryland, contributory negligence determines compensation in personal injury lawsuits. Under contributory negligence, if you are found to be partially to blame for an accident, you are barred from financial recovery. This differs from states that follow comparative negligence rules, where you may still be able to recover compensation even if you share in blame, but it will reduced based on the percentage of fault assigned to you.

Having a personal injury attorney who understands the complexities of the law is key to the success of your claim.

Only Speak to Your Lawyer

Something many people forget about insurance company claims, and lawsuits are that anything you say can be used against you. Because truck accident claims often involve your insurance company and the trucking companies’ insurance, these groups will be looking for any way to reduce the expenses they pay out.

This means if you say something to the police that expresses guilt or fault, this can be recorded in the police report. Or, if you doubt what occurred in your insurance claim, this can come back to haunt you.

Further, if you speak with others or post on social media, these statements may be brought up in court. That is why once you begin the personal injury claims process, you must speak directly to your lawyer regarding the accident.

The attorney-client relationship is meant to benefit you–so be direct with your legal team.

Begin Collecting Evidence and Conduct a Thorough Investigation to Determine the At-Fault Parties

Once you’ve hired an attorney to represent you, the law firm can begin collecting evidence and investigating the collision to determine who is at fault.

Strong evidence in a trucking accident lawsuit includes police and accident reports, witness statements, proof of property damage, medical records, photos and videos from the accident scene, and physical evidence of roadway damage.

Once you have evidence, the legal process can begin, and your lawyer can serve the personal injury complaint, or injury demand letter, to court. Once the complaint has been filed, the litigation process begins.

Discovery Phase

The most involved part of legal action is the discovery phase. During this portion, each side exchanges information about the case, which can highlight evidence and help establish liability.

The discovery process often occurs before settlement negotiations or a trial.

Pre-Trial Motions

Pre-trial motions are exactly as they sound—they are made before the case goes to trial.

Potential motions include:

  • Motion to dismiss: These are typically filed by the defense after filing the complaint. In these situations, no testimony, witness statements, or evidence from the accident scene will be heard, and the case will not go further.
  • Personal jurisdiction: A personal jurisdiction motion is filed when the defense believes that the court does not have jurisdiction over the claim.
  • Improper venue: Like personal jurisdiction, improper venue is filed by the defense and can be used strategically when they believe that the county or residence of the plaintiff should not be used, and instead, the county where the action took place should be the venue. This is more common in medical malpractice claims than in other personal injury lawsuit cases.
  • Failure to state a claim: This is utilized when the defense argues that des

An experienced lawyer can guide you through pre-trial motions so you understand what it means for your financial damages.

Your Truck Accident Attorney Calculates the Value of Your Claim

To determine the value of your liability claim and calculate the damages in truck accident cases, your lawyer will consider the following recoverable damages:How to File a Truck Accident Lawsuit

  • Medical expenses: By reviewing and discussing your medical records with medical professionals, your lawyer can calculate your current and future medical care costs. If you suffer from long-term physical pain that requires therapy, this can also increase your medical costs.
  • Lost wages: Your attorney will collect your pay stubs to determine how much time away from work you missed because of the accident. Further, if your injuries have left you with permanent disabilities, your attorney can calculate the wages you will miss out on because of your inability to return to work.
  • Property damage: The collision with a semi truck driver likely totaled your vehicle—your lawyer will determine its actual value prior to the wreck.
  • Pain and suffering: If you suffered from mental anguish, anxiety, or depression as a result of the accident, you may be entitled to compensation.
  • Wrongful death: If the accident results in the death of a passenger or if you lost a loved one as a result of a semi-truck accident, you may be able to collect compensation for funeral and burial costs.
  • Punitive damages: Punitive damages may be awarded if the commercial truck driver’s or trucking company’s behavior was so negligent that the court wishes to punish them.

To secure maximum compensation from economic and non-economic damages, connect with an experienced attorney today.

Your Trucking Crash Lawyer Negotiate with Insurance Adjusters

You won’t get a fair settlement on the first ask from the insurance company. However, a lawyer can negotiate with the insurance adjusters until fair compensation is achieved through the insurance policies.

While there is no average truck accident settlement amount, as all truck accident claims differ, claims often range from thousands to millions, depending on the case’s severity.

Go to Trial

Truck accident victims often panic when they hear that their claim may go to court. In reality, a very small percentage of lawsuits make it to trial, and instead, they end in a truck accident settlement.

However, if the at-fault party is not providing you with fair compensation, you may have no choice but to go before a jury against the responsible party.

Why Should You File a Truck Accident Lawsuit?

There are a number of reasons why you may wish to file a truck accident lawsuit. Most commonly, it is because your insurance settlement does not offer enough compensation for your financial burdens due to policy limits.

Further, if the negligent actions resulted in severe or life-threatening injuries, legal action may be needed. Or, if the accident resulted in a fatality, a wrongful death lawsuit will allow the family to recover burial expenses.

You do not have to take legal action alone. Call the personal injury lawyers of Regan Zambri Long to learn how we can help you through the process of truck accident litigation.

Who Could You Hold Liable in a Truck Accident Lawsuit?

When you file a lawsuit, you want fair compensation for all you’ve endured. However, determining who the responsible party is under personal injury law can be a challenge. Your truck accident lawyer will establish which of the following the negligent party is.How to File a Truck Accident Lawsuit

The Truck Driver

More often than not, the commercial driver will be liable in a large truck accident. This can be due to a number of reasons, such as driver fatigue, driver error in navigating unfamiliar roadways or improper lane changes, negligent behavior like driving under the influence of drugs or alcohol, etc.

The Trucking Company

Commercial trucking companies owe a duty of care to road users that they are practicing safe hiring practices before allowing drivers behind these massive vehicles. However, when driver qualifications are not met, the trucking company can be held liable.

Further, if the truck is owned by the company and maintenance records show improper vehicle maintenance, causing issues such as a tire blowout or mechanical failure, they can be held at-fault.

Maintenance Company

It may be up to the trucking company to maintain a truck, but if they have hired a company to inspect and care for the semi truck and corners were cut, the maintenance company can be held liable in a civil lawsuit.

Critical evidence, such as eyewitness statements, proof of road damage, such as skid marks, and surveillance footage, can help establish the maintenance company’s negligence if there was a vehicle malfunction.

Government Entities

There may be situations where a truck is operated under a government agency, or the employee is a government employee. In those situations, the government agency may hold a degree of fault.

Liability in truck accident litigation is complicated. An experienced truck accident lawyer will help create a successful lawsuit by utilizing key pieces of evidence to bring justice to the injured party. Call today for a free legal consultation.

The Risk of Missing the Filing Deadline

Like other personal injury cases, truck accident claims must be filed within the statute of limitations. In Washington, D.C., and Maryland, accident victims must file a claim three years from the collision date. In Virginia, victims only have two years to make a semi truck accident case.

You are barred from seeking additional compensation for your losses by missing these critical deadlines.

Regan Zambri Long Represents Victims in Truck Accident Lawsuits

If you or a loved one suffered serious or fatal injury as a result of a negligent semi truck driver, and you are now seeking compensation for your medical bills, property damage, and loss of income, you need to call the commercial truck accident lawyers of Regan Zambri Long.

We help victims of commercial motor vehicle accidents secure a fair settlement for their financial losses, including:

  • Medical expenses, including future medical care
  • Loss of earnings, including a diminished earning capacity
  • Property damage
  • Compensation for pain and suffering
  • Mental anguish and emotional distress
  • Loss of consortium and loss of companionship
  • Permanent disability and disfigurement
  • Punitive damages

Our lawyers work with accident reconstruction experts for witness testimonies to put together the accident details. During your initial consultation, we’ll discuss the types of damages you may be awarded and what your insurance coverage may offer. We stand by your side for the entire process so you have support while you recover from critical injuries.

Don’t take on a commercial vehicle driver or their employer alone. For legal representation, you can count on Regan Zambri Long today for your free, no-obligation case consultation.

Regan Zambri Long
Posted In
Truck Accidents
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