- Truck crashes are complex due to multiple at-fault parties, including drivers, trucking companies, cargo loaders, parts manufacturers, and government agencies.
- Establishing liability requires proving negligence through four key elements: duty of care, breach, causation, and damages, all of which must be supported by evidence.
- The truck accident lawsuit process involves several steps, with legal guidance being vital.
- Victims can seek damages for medical costs, property loss, wages, pain, emotional distress, and punitive damages for gross negligence.
- Federal laws and strong defenses make legal experience essential for investigating, identifying liable parties, negotiating with insurers, and litigating to secure fair compensation.
Truck accidents have an added layer of complexity compared to a typical passenger vehicle crash. These cases often involve multiple liable parties, more severe injuries, and a higher amount of compensation. Understanding the process of a truck accident lawsuit allows you to know what to expect, lifting the burden of the unknown.
Our experienced attorneys at Chopra & Nocerino know the ins and outs of how truck accident lawsuits work and can navigate your case from start to finish. Call our law office at (855) NYC-HURT today to schedule a free consultation.
Potentially Liable Parties in a Truck Accident
One reason why truck collision cases can be complex is that multiple parties may be involved and held liable. While most people tend to blame the truck driver for being solely responsible, other parties may have also played a role in the crash, including the trucking company for negligent hiring or maintenance, the cargo loader for poor loading practices, manufacturers of defective parts, and even government entities for poor road design.
Because of the wide range of potentially at-fault parties, it is crucial to have solid evidence to present with your case to establish liability, such as:
- Black box data
- Driver logs
- Maintenance records
- Police reports
- Eyewitness testimonies
- Accident reconstruction
Establishing Fault in a Truck Accident Lawsuit
While truck accident lawsuits are inherently more complicated than a typical car wreck case, you must still focus on the process of establishing fault for any of these. The primary component of fault is negligence, which can be proven through four elements: Duty of care, breach of duty, causation, and damages.
- Duty of Care – The defendant had a legal obligation to act reasonably to prevent harm. For instance, truck drivers must operate their vehicles safely to protect others on the road.
- Breach of Duty – A breach occurs when the defendant fails to uphold that duty. Reckless actions like speeding, driving under the influence, or ignoring safety regulations may qualify as breaches.
- Causation – You must show that the defendant’s breach directly caused your injuries. For example, if a truck rear-ended your car and you suffered a back injury, that would establish causation.
- Damages – Finally, you must prove that the accident resulted in measurable losses. These can include medical bills, lost income, pain and suffering, emotional distress, and other economic or non-economic damages.
Understanding the Legal Process for a Truck Accident Lawsuit
A truck accident lawsuit undergoes several phases. Our personal injury attorneys are capable of handling each step of the process.
- Initial Consultation and Case Investigation – The process begins with a consultation, where you’ll discuss your accident and potential legal options with an attorney. From there, your legal team will gather evidence, interview witnesses, and evaluate your claim.
- Filing the Lawsuit – To formally initiate your case, your attorney will file a legal complaint in the appropriate court. This document outlines the facts of the case, the parties involved, and the damages you are seeking.
- Discovery Phase – During discovery, both sides exchange information and evidence. This may include depositions, document requests, and expert analysis. Our attorneys work to uncover the facts needed to prove liability and strengthen your case.
- Mediation and Settlement Negotiations – Many cases are resolved outside the courtroom. Our legal team will handle all communication with insurance companies and pursue a fair settlement through mediation or direct negotiation.
- Trial – If a fair settlement cannot be reached, your case may proceed to trial. Our experienced litigators will present your case before a judge or jury and fight for the compensation you deserve.
- Post-Trial Actions – Even after a verdict or settlement, there may be important follow-up steps. Our attorneys will guide you through any post-trial matters to ensure your recovery and compensation are secured.
The overall process may seem overwhelming, but our lawyers can take on the bulk of your claim, allowing you to focus on healing. Call our law office today to schedule a free consultation to get started.
What Compensation Can You Expect From a Truck Accident Lawsuit?
You may be eligible for several forms of compensation following a truck accident. These include both compensatory and punitive damages. Compensatory damages fall into two categories: economic and non-economic.
Economic damages include the tangible losses you experience in a personal injury case, such as:
- Past and future medical expenses
- Damage to your vehicle and other personal items
- Lost wages from time off work and reduced earning capacity
Non-economic damages are the subjective losses you sustain in an accident, including the following:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurement
- Loss of enjoyment of life
A court may award punitive damages in rare cases of extreme negligence. This is done to punish the at-fault party and deter similar behavior in the future. For example, if a UPS or FedEx delivery truck driver was under the influence of alcohol at the time of a crash, this may warrant punitive damages.
Unique Challenges of Truck Accident Lawsuits
Truck collision cases present distinct challenges and complexities that differentiate them from standard car crashes.
The Federal Motor Carrier Safety Administration (FMCSA) governs commercial trucking in the United States. It regulates practices such as hours of service and maintenance. These can complicate a case and require specialized knowledge of federal regulations.
Due to the size and weight of these vehicles, trucking accidents often result in severe injuries and extensive medical needs. As mentioned earlier, truck collision cases typically deal with multiple defendants and the resources of trucking companies. These entities often have large legal teams and insurance policies designed to fight and minimize claims, making the playing field uneven for individuals who are unrepresented.
Our dedicated and well-versed legal team can even the odds of success by representing your case from the very beginning. We are not afraid to take on large commercial trucking companies and their insurers. Our attorneys will do what it takes to secure fair compensation on your behalf, even taking the case to court, if necessary.
Why You Need an Experienced Truck Accident Lawyer
It is essential to secure the services of a skilled truck accident attorney. Our team can use their experience and knowledge of your state’s legal landscape to navigate complex and nuanced laws and regulations. We can also initiate a thorough investigation into your case to identify the liable parties and gather evidence of their negligence.
Our goal is to maximize compensation to assist in your overall recovery. We know how to assess damages accurately, negotiate with aggressive insurance companies, and represent you in court if we cannot reach a fair settlement. Reach out to Chopra & Nocerino today to schedule an initial, complimentary consultation.
Contact Our Truck Accident Lawyers Today
If you or your loved one has been injured in a trucking collision, we encourage you to reach out today. Our compassionate team of attorneys can offer expert legal assistance with your case. With over 20 years of combined experience and hundreds of millions won in verdicts and settlements for our clients, you can trust us to get the job done. Contact our office today to schedule a free consultation.
