You should think thoroughly before filing a truck accident claim. There is some disagreement over who’s at fault in these situations, and without the right legal advice, there could be serious ramifications to your case. You could find yourself with a settlement that isn’t worth more than what it cost to file suit – or you could end up with a judgment against you for something you didn’t do! Be mindful of these things before filing a claim and make sure you’ve done your research first.
1. Don’t Do Anything Without An Attorney
There’s a lot on the line when you file a truck accident lawsuit. If you’re not familiar with the process, you could easily say something that hurts your case or make decisions that reduce your chances of winning. An attorney can help guide you through the process and make sure your rights are protected at every step. Consulting with the attorneys at CKFLaw can help you make the first step toward your case. This first step should be to seek medical attention, even if you feel fine, and to get compensation in a truck accident case, you need to prove your damages. This means that you need to show how the accident has affected your life and what it has cost you. You will need to provide evidence of your medical bills, lost wages, and pain and suffering. An experienced attorney can help you gather this evidence and get the compensation you deserve.
2. You Need To Prove The Other Driver Was At Fault
To win a truck accident lawsuit, you need to prove that the other driver was at fault. This can be difficult to do, especially if there are no witnesses or if the police report doesn’t support your claim. An experienced attorney can help you gather the evidence you need to prove fault and get the compensation you deserve. In some truck accident cases, there may be more than one person at fault. For example, if the truck driver was speeding and crashed into your car, both the truck driver and the trucking company may be at fault. This is called vicarious liability, and it can be complex to prove. An experienced attorney can help you sort out who is at fault and get the compensation you deserve.
3. The Statute Of Limitations May Be Short
The statute of limitations is the amount of time you have to file a lawsuit. In some states, the statute of limitations for truck accident cases is as short as one year. This means that if you don’t file your lawsuit within one year of the accident, you may not be able to get any compensation. That’s why it’s important to consult with an attorney as soon as possible after the accident.
4. The Trucking Company May Have Deep Pockets
Trucking companies have deep pockets and they will fight tooth-and-nail to avoid paying out a claim. They will likely have a team of lawyers working on their behalf, so you must have an experienced attorney on your side as well. An experienced attorney can level the playing field and give you a better chance of getting the compensation you deserve.
5. The Truck Driver May Not Be Insured
Truck drivers are required to have insurance, but that doesn’t mean they always have it. If the truck driver who hit you doesn’t have insurance, you may need to file a lawsuit against the trucking company. This can be more difficult than filing a lawsuit against an individual, but it’s not impossible. An experienced attorney can help you get the compensation you deserve even if the other driver is uninsured. If the truck driver who hit you doesn’t have insurance, you may need to sue the trucking company. This can be more difficult than filing a lawsuit against an individual, but it’s not impossible. An experienced attorney can help you get the compensation you deserve even if the other driver is uninsured.
6. You May Need To Go To Trial
Most truck accident cases settle before they go to trial, but some do end up going to trial. If your case does go to trial, you will need to be prepared to fight. An experienced attorney can help you prepare for trial and give you the best chance of winning.
If you’ve been injured in a truck accident, it’s important to consult with an experienced attorney as soon as possible. An attorney can help you through the process and make sure your rights are protected. Make sure to ask the attorney about their experience with truck accident cases and what they think your chances are of winning. You may also want to ask how much the attorney will charge for their services. By knowing these 6 things, you can be better informed when deciding to file a truck accident claim.