Do You Have to Go to Court for a Truck Accident?
When a truck accident results in expensive medical bills and automobile repairs, you have a right to seek compensation for your costs. But will you need to go to court to recover your expenses?
Truck Crash Cases Often Settle Out of Court
Accident victims do not always need to go to court to resolve their cases. With professional assistance from a truck accident attorney, many people can obtain a reasonable settlement offer from a trucking company’s insurance carrier without court proceedings.
In most cases, the insurance agencies that represent trucking corporations benefit from negotiating an out-of-court settlement. If they feel your proof would stand up in court, they will likely agree to pay your damages. They typically want to avoid a trial as much as you do. Achieving a settlement agreement out of court is an ideal situation for everyone involved.
Accident Lawyers Can Help Achieve a Fair Settlement
Dealing with large insurance companies can be confusing. When you get in a crash with a commercial truck, you may not know what steps you should take to recover damages. It requires experience to navigate the process correctly. The insurance carrier will likely try to avoid paying you or work to minimize your settlement amount.
A lawyer with experience handling truck accidents can help you protect your rights, so you get the compensation you deserve. At Hensley Legal Group, our team understands your situation and works to represent your interests in many ways.
Offering Legal Advice
Collisions with large trucks usually result in severe bodily injuries and extensive property damage. There are many different elements to consider regarding your accident. Often, many people have some responsibility for the crash. A lawyer with knowledge of accident laws and experience handling truck cases can provide legal counsel that helps you know what to do next.
Determining Fault
An attorney with experience in trucking accident cases can help discover who is responsible for the circumstances that caused your crash. More than one involved party may be liable for your accident. The driver, the trucking company or the vehicle manufacturer may be at fault. Knowledgeable legal professionals understand the laws regarding accident liability and know how to investigate the details of the crash.
Gathering Evidence
Getting the settlement agreement you deserve depends on your ability to collect evidence proving your claims. When you have a personal injury case against a commercial vehicle, you must demonstrate liability and negligence. A lawyer can help you obtain data and build a case that shows how the oversight of a driver, company or other party resulted in your collision. Evidence may include:
- Dash camera footage
- Photos of the accident scene
- Statements from witnesses
- Police reports from the crash
- Documents or records from the trucking company
- Medical records
Calculating the Value of Your Case
Legal assistance can also help you determine how much compensation you deserve by assessing your injuries, losses and expenses. We work to seek a financial settlement that fairly compensates you for:
- Physical therapy treatment
- Medical costs related to bodily injuries
- Loss of income or decreased earning capacity
- Pain and suffering damages
- Wrongful death
Negotiating a Settlement
Legal professionals can handle the settlement negotiations on your behalf. With thorough knowledge of personal injury law and experience working with insurance companies, attorneys help get you a fair payment agreement covering your damages.
Managing the Details
Lawyers can also handle the practical requirements of your claim, such as:
- Securing the correct documents
- Managing all communications
- Handling necessary paperwork
- Meeting legal deadlines
- Following processes according to the law
Some Truck Accident Cases Need To Go to Court
If the liable party’s insurance company does not offer a fair settlement agreement, you may need a trial to recover your damages. The lawyers at Hensley Legal Group want to help you get the maximum compensation to cover your damages, which may require a court process. We have experience representing personal injury clients in court and can help you navigate the proceedings each step of the way.
Although many cases settle out of court, truck accidents can involve complex issues and severe damages. We do not want to settle your claim for less than you deserve. You may need a judge or jury to determine a fair resolution. Our team explains the process in detail, ensures that you meet required deadlines, and prepares the relevant proof for trial. Our knowledge of court proceedings helps you achieve your desired outcome, so you are not left trying to pay extensive medical bills and other related costs.
Reasons You May Go to Trial After a Truck Crash
Wrecks with commercial trucks often involve devastating damages. Due to the nature of these accidents, it is sometimes necessary to take the claims to trial to receive fair compensation from the person, company or business responsible.
Going to court takes longer and poses some risk. However, it may be the right course of action in your case. Some possible reasons your truck accident claim may benefit from a trial include:
- The truck’s insurance company refuses to make a settlement offer.
- The insurance carrier makes a low offer that does not cover your expenses.
- A dispute with the insurance agency prevents you from obtaining a satisfactory solution.
- The insurance agency claims you bear some or all of the liability for the crash.
- You are suing for wrongful death.
- You require extensive rehabilitation, sustain lifelong injuries, or can no longer go to work.
Truck Accident Claims Are Different From Other Crash Cases
A collision with a commercial vehicle is typically more complicated than other types of automobile accidents. Because these cases involve complex issues, it is a good idea to work with a truck accident attorney soon after your crash.
Serious Injuries
Eighteen-wheelers are much larger and heavier than traditional automobiles and can cause extensive property damage and severe physical injuries in a crash. Sometimes the severity of your bodily damages makes it easy to prove fault. However, if the trucker’s insurance company does not feel your proof is sufficient, you may need a trial to obtain adequate compensation.
Long Negotiation Process
Several parties may be at fault in your accident case, resulting in a longer settlement process. There is potential liability for the truck’s manufacturer, mechanic, driver or employer. With so many components involved in the negotiations, it may take many back-and-forth sessions before devising a fair agreement.
Large Settlements
Trucking operations are usually large companies with significant insurance policy coverage. Commercial truck accidents typically lead to extreme vehicle damage and critical injuries, resulting in more significant victims’ costs. Although the insurance carriers try to avoid paying damages, there is an increased potential for high settlement offers from these companies.
Hensley Legal Group Can Handle Your Claim
Our legal team helps you manage the complexities of your personal injury claim so you can focus on recovering from your injuries. You are already dealing with many stressors, including medical treatments, property damages, lost time at work, and more. We offer professional legal advice to help you make decisions that improve your chances of a favorable outcome for your case.
At Hensley Legal Group, our accident lawyers work on a contingency basis, meaning that you do not pay us unless we get you a compensation agreement. We aim to help you get the money you need to cover your accident-related expenses. Contact us online now or give us a call at(317) 779-2699to find out how our lawyers can help with your truck collision claim.
Sources:
https://www.fmcsa.dot.gov/safety/data-and-statistics/2018-cmv-traffic-safety-fact-sheet
https://www.in.gov/courts/rules/trial_proc/index.html