What Is the Truck Accident Claim Process?

Being in a truck accident is often a harrowing experience. Though any type of traffic accident involving any vehicle can cause significant damage, injury, or fatality, truck accidents, in particular, carry a high risk of catastrophic effects. With the likelihood of victims suffering severe injuries as the result of a truck accident, it’s important to have an understanding of the truck accident claim process, how it works, what to expect along the way, and how an experienced truck accident attorney can assist in pursuing the outcome you deserve.

Suppose you or someone you love has sustained an injury in a truck accident. In that case, you have the right to take legal action to pursue financial compensation to help pay your medical costs, cover lost income, repair property damage, and ease the pain and suffering you have endured. By filing a truck accident claim with the help of a knowledgeable truck accident attorney, you can start holding the responsible party accountable and obtaining the financial relief you need. 

Read more below about the truck accident claim process, and contact a skilled truck accident lawyer today to schedule a consultation. Doing so can provide immediate peace of mind.

Overview of Truck Accidents

Damaged truck after road accident

Truck accidents are surprisingly common in our modern world, with an ever-growing number of vehicles on the road and highway traffic becoming more heavy and congested. While any traffic accident poses a danger to those involved, truck accidents carry an even greater risk due to the sheer size, weight, and destructive capabilities of large commercial vehicles when traveling at high speeds.

When an accident occurs, and a large truck is involved, the damage to property and people is often devastating. The truck accident claim process is in place to offer individuals who have suffered harm in truck accidents a pathway to pursue financial compensation to cover the expenses and harm they have sustained.

Understanding Truck Accident Claims

A truck accident claim comes about when an individual seeks a legal resolution — typically in the form of financial compensation — for physical injuries, property damage, or other losses resulting from an accident involving a commercial vehicle. This type of accident can include crashes involving other vehicles, property, or pedestrians.

Types of Truck Accidents

Injury accidents and subsequent truck accident claims can arise from various truck accident types. Different types of commercial truck accidents that commonly result in injury claims include:

Regardless of the specific type of truck accident that caused your injuries, having a basic understanding of the dangers posed by truck accidents can be helpful as you seek a resolution.

Common Causes of Truck Accidents

Driver fatigue, excessive speeding, mechanical failure or poor maintenance, inclement weather, and other conditions can cause truck accidents. Any of these factors can create a situation that is a recipe for a devastating accident, putting the truck driver and any other individual in the immediate area at risk.

Immediate Steps After a Truck Accident

As with any type of traffic accident, it’s important to understand the basic steps to follow after a truck accident. After the accident has occurred, you should seek immediate medical attention if you suspect you have any injuries. Getting a prompt diagnosis can benefit you in two ways:

  • Your doctors can begin treatment right away to mitigate possible complications and improve your prognosis whenever possible. 
  • Create documentation that connects your injuries to the accident and prove the nature of every injury you suffered.

Once you know you have injuries, contact a truck accident lawyer to discuss the details of your situation and initiate the building of your case to pursue compensation. Though the experience of going through a truck accident is harrowing and often results in serious injuries, having a skilled attorney by your side can keep you calm and focused.

As mentioned above, aside from making sure you and other people involved in the accident are out of harm’s way, securing legal representation to assist in the aftermath of the crash is the most important task to accomplish. For multiple reasons, selecting the right lawyer is a crucial element in the process.

The Importance of an Experienced Truck Accident Attorney

As with most legal proceedings, truck accident claims are complex and nuanced. This emphasizes the need for skilled legal representation to help guide you through what can feel foreign and confusing to anyone who doesn’t regularly handle legal matters daily. You will feel confident that your claim is in good hands with the right attorney.

Factors to Consider When Choosing an Attorney

Choosing the right attorney to represent you in your truck accident claim is critical. Important things to consider when looking for a lawyer to help with your case include credentials, reputation, communication skills, and overall experience handling truck accident cases. Learning about an attorney’s fee structure can also play an important role.

Initial Consultation & Case Evaluation

When you meet with an attorney, you must be honest and forthright about the accident and relay as many details as possible. The lawyer will evaluate the viability of your case and guide you in understanding how the legal process works. Taking a proactive approach to participate in these initial consultations will lay the foundation for staying well-informed throughout the process.

Investigation & Evidence Gathering

The investigation will begin once you have hired a lawyer to work on your truck accident claim. Your attorney will seek to compile as much information and gather as much evidence as possible to strengthen your case and put you in a favorable position to obtain the outcome you want.

Important Types of Evidence in Truck Accident Cases

Like other types of traffic accidents, gathering all relevant evidence and documentation to support your claim is important. Key types of evidence you and your lawyer should be looking to gather can include:

  • Accident reports on file with law enforcement
  • Trucking company records
  • Maintenance records
  • Driver logs
  • Eyewitness statements
  • Medical records
  • Photo or video evidence from the scene

Remember, the more supportive evidence you can compile, such as thorough medical records and the professional opinions of healthcare professionals, the stronger your claim will be. This comprehensive approach bolsters your case and brings you another step closer to achieving the desired result. By presenting a compelling and well-documented case, you enhance the likelihood of obtaining fair compensation for the injuries sustained in the accident.

Utilizing Expert Witnesses

One of the key benefits of working with an experienced truck accident lawyer is the opportunity to utilize expert witness testimony. Your attorney will have experience consulting with professionals in various fields to analyze evidence, reconstruct the accident, and perform other specialized tasks to bolster your claim.

Determining Liability in Truck Accidents

Accidental truck hit the wall, since the brakes are not working.

Another key aspect of a truck accident case is determining liability. Various parties can share partial fault in a commercial truck accident, contributing to a more complex legal situation. A knowledgeable truck accident lawyer will be available to explain the process of determining liability to you and lead your case along the right path.

Identifying Responsible Parties

In a commercial truck accident, there is a wide range of parties who may be at fault for the crash, including:

  • The truck driver
  • The trucking company
  • The maintenance workers
  • Cargo loaders
  • The truck manufacturer
  • Third-party parts manufacturers

Depending on the specific details of your accident and its cause, you may have the opportunity to seek compensation from one or more of the parties listed above.

Proving Negligence

Though often challenging, proving negligence is the linchpin of a truck accident claim. The basic elements of proving negligence involve showing the following:

  • The defendant owed the plaintiff a legal duty of care
  • The defendant breached this duty of care
  • The breach of duty caused the accident
  • The accident resulted in the plaintiff’s injuries
  • The plaintiff suffered harm as a direct result of the injuries sustained

Effectively demonstrating the elements mentioned above, with the guidance of a skilled attorney, significantly increases your likelihood of building a robust case and achieving success in your compensation claim. This comprehensive approach strengthens your case’s foundation and thoroughly addresses every crucial aspect.

Filing a Truck Accident Claim

After you have consulted with your lawyer and laid out your strategy, you can then move on to filing your truck accident claim. Your attorney will lead the process, initiating the legal proceedings, gathering the necessary documentation, and handling all negotiations with insurance companies and legal representation for other parties.

The Role of an Attorney in Preparing Your Claim

Drafting legal documentation is a highly detailed process, which emphasizes the need for a skilled and experienced lawyer. Your attorney will be fully aware of all procedural requirements, including all applicable statutes of limitations about your case. A capable attorney handling your case will give you peace of mind, ensuring correct and effective management of all aspects.

Statutes of Limitations

Having a basic understanding of statutes of limitations can also be beneficial. Simply put, a statute of limitations is part of a jurisdictional law that places a deadline on initiating legal action. Statutes of limitations can vary from jurisdiction to jurisdiction, so consulting with your lawyer to learn the specific details of the statute of limitations on truck accident claims in your area is vital.

Negotiating with Insurance Companies

Though insurance companies are often polite and professional, always try to remember that they will always prioritize their clients and bottom lines. This may result in some insurance providers cutting corners or making things more difficult for anyone seeking compensation. Trust your attorney to handle all communication and negotiation with insurance companies to protect your rights.

Settlement Vs. Trial

As your truck accident claim progresses, there may come a point when you and your lawyer will need to determine the best path, whether that means settling out of court or taking the case to trial. Both options have pros and cons, and your attorney will act as your best resource throughout the process to determine what type of legal options are right for your unique situation.

Pros & Cons of Settling Out of Court

Though speaking with your attorney to learn more details about the benefits and drawbacks of seeking an out-of-court settlement, there are some basic aspects you should have in mind, including:

  • Settling out of court often saves significant money on legal costs
  • Settling out of court often produces a much faster result
  • Negotiating and accepting a settlement provides a certain outcome, whereas going to trial carries some level of risk

Regardless of your ultimate choice, your lawyer will keep you fully informed about the options available and lead you toward a wise decision for your case that gives you the best chance to reach a favorable outcome.

Contact an Experienced Truck Accident Attorney

Personal Injury Lawyer
Matthew H. Bligh, Truck Accident Lawyer

Any legal matter can be complicated and stressful without the right guidance. When your legal issue involves seeking compensation after you’ve suffered significant property damage or severe injuries, you have even more riding on the outcome of your case. Choosing the right lawyer to represent you is critical; therefore, always seek an attorney with the necessary experience to guide you and the determination to safeguard your rights, making your best interests the priority at every step of the legal process.

If you are trying to find your way through the aftermath of a truck accident and need legal assistance, hiring an experienced personal injury attorney is the most important place to start. A knowledgeable attorney can assess your case, explain the options and strategies available, guide you to take the necessary steps to initiate the truck accident claim process, and confidently lead you through the complicated legal landscape.

You don’t have to feel like you’re on your own after your truck accident. There is trusted professional help available to you. To learn more about the truck accident claim process and get things started on the right path to seek compensation, contact an experienced truck accident lawyer today and schedule a consultation to discuss your case.

Case evaluations are free, so act today.

Filed Under: Truck Accidents

For a free legal consultation, call 516-451-7900

Practice Areas

Our Long Island Injury Lawyers Have Experience In

Truck Accidents
Accidents on the highways can be lethal events
Bicycle Accidents
Riding a bicycle should not be unsafe
Car Accidents
If you have been seriously injured, call our firm
Motorcycle Accidents
Motorcycle accidents often result in serious injury
Medical Malpractice
Medical mistakes can cause death ruin lives
Wrongful Death
When negligence results in the death of a loved me
Premises Liability
When hurt in a location, someone has to take responsibility
Brain Injury
Brain injuries can have long term severe effects
Dog Bites
Dog bites can cause serious injury


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