Have you or someone you care about been involved in a truck accident? If so, this may be traumatic for you as you/they nurse your/their injuries and count the losses incurred due to the accident. Additionally, you may wonder if you have a viable truck accident case. While all car wrecks can be devastating, truck accidents can be particularly hazardous, given the size and weight of trucks.
Truck accident cases can be complicated, and if you are planning to file a lawsuit against a negligent truck driver or trucking company, it is best to work with a skilled truck accident lawyer to help you navigate the complex legal system and get the compensation you need. But before that, let us look at how you can know whether or not you have a truck accident case.
Determining if You Have a Truck Accident Case
Many factors can help you determine whether you have a viable truck accident case and the right to pursue compensation for your losses. Some of these factors include the following:
You Need to Establish Negligence
To know if you have a truck accident case, you must establish negligence by demonstrating that the other party was at fault for the accident. This may involve gathering evidence that proves the other party’s negligence. This evidence can include:
- Truck’s safety records
- Maintenance records
- Driver’s logs
- Driver’s history
Gathering this evidence may be challenging if you are doing it alone. Retaining an experienced truck accident attorney who can obtain the critical evidence to support your claim and ensure fair compensation for your injuries and damages is highly advisable.
You Have Suffered Serious Injuries
Another way to know if you have a valid case is if you have suffered severe injuries. If the truck accident caused serious injuries that require extensive medical treatment or even led to the death of a loved one, you most likely have a case.
You are Facing Mounting Medical Bills
Accidents involving trucks can result in long-term and sometimes lifelong care. As such, you may find the costs adding up quickly and becoming a burden. Many victims and their families end up financially stressed while trying to foot these bills, yet the law allows you to receive compensation for medical bills and other costs from the negligent party. You can work with an experienced attorney to hold the negligent party liable and receive compensation for your losses instead of paying the expenses out of pocket.
The Insurance Company is Refusing to Pay
Insurance companies can be difficult to deal with and may delay or even refuse to pay you. Instead of putting your interests first, insurance companies often put theirs first. They may delay paying out to a point where you are willing to take any compensation, even if you are entitled to receive more than their offer.
In such a situation, you may have a case. A skilled truck accident attorney can help you negotiate with the insurance company or file a lawsuit to obtain the rightful compensation without delay.
The Police Report is Not Factual
A police report is a very critical document in your truck accident claim. Insurance companies and the court rely on the police report to determine accident cases. If you believe the details in the police report do not represent the facts, you should contact a truck accident lawyer immediately.
A lawyer can help gather additional evidence to establish negligence and enable you to receive the compensation you deserve.
Maximizing Your Compensation After a Truck Accident
If you have been involved in a truck accident, there are several ways you can ensure you maximize the compensation amount. Some of these include:
- Seek medical attention immediately. Not only does seeing a medical doctor help you recover physically, but it also provides crucial documentation of your injuries, which can be used to support your case.
- Request witnesses for their contact information. Witnesses can be very helpful in testifying on your behalf to ensure you receive fair compensation.
- Take photographs of the accident scene as visual evidence can be useful in proving your case
- Keep all receipts and documentation related to your accident; this paperwork will help calculate your damages.
- Hire an experienced truck accident lawyer to help you navigate the process and get the full compensation you are entitled to.
Truck Accident Lawyers
A truck accident lawyer focuses on handling injury and fatality cases, specifically involving commercial trucks and tractor-trailers. These massive vehicles can cause catastrophic damage when they collide with smaller passenger vehicles. Trucking accident cases tend to be very complex for several reasons:
- There are often multiple parties that could be liable, including the truck driver, trucking company, truck manufacturer, cargo loaders, and truck maintenance providers. An experienced truck wreck attorney will know how to identify and pursue claims against all potentially responsible parties.
- Truck accident cases involve federal regulations that do not apply to typical auto accidents. Trucking companies and drivers are subject to strict rules regarding vehicle maintenance, cargo loading, hours of service, and more. Violations of these regulations can serve as important evidence of negligence.
- The insurance policies for commercial trucks have much higher limits, often in the millions of dollars. The stakes in a truck accident case are very high. You need an attorney with the knowledge and resources to take on well-funded trucking and insurance companies.
Wrongful Death Lawyers
A wrongful death lawyer handles cases where someone was killed due to the negligence or wrongdoing of another party. While many wrongful death cases arise from fatal vehicle accidents, they can also involve medical malpractice, defective products, workplace accidents, criminal acts, and more.
In a wrongful death case, certain surviving family members are entitled to seek compensation for their losses, such as:
- Funeral and burial expenses
- Loss of financial support and benefits
- Loss of services and child care
- Loss of love, affection, and companionship
- Mental anguish and emotional suffering
Wrongful death cases have unique procedural rules, including who has legal standing to file a claim, how damages are calculated, and how settlement proceeds are distributed to the surviving family.
Choosing the Right Lawyer
In the case of a fatal Albuquerque truck accident, you do not necessarily need to choose between a truck accident lawyer and a wrongful death lawyer. The best course of action is to hire a law firm that has extensive experience handling both commercial truck accident cases and wrongful death claims.
Look for an attorney or law firm with:
- A proven track record of successfully resolving trucking accident fatality cases through settlements and jury verdicts
- The ability to thoroughly investigate the accident to identify all potential sources of liability and insurance coverage
- The resources to go toe-to-toe with well-funded trucking and insurance companies
- Compassion, commitment, and dedication to guiding your family through this difficult time with personal attention and support
At Hit by a Truck Call Chuck, we have more than 20 years of experience standing up for the rights of individuals and families who have lost loved ones in devastating vehicle accidents, including those involving large trucks and commercial vehicles.
Contact a Seasoned Truck Accident Lawyer in Arizona, New Mexico, or Texas Today
If injured in a truck crash in Arizona, New Mexico, or Texas, you may have a viable truck accident case. Our experienced truck accident lawyers at Hit By a Truck Call Chuck can advise you on your legal options and work tirelessly to ensure you get the right compensation. Contact us at 915-845-4529 to book your free consultation today.