Truck accidents can cause devastating injuries. When a truck driver or trucking company is negligent and causes an accident, the victims have a right to pursue compensation through a lawsuit. Here is an overview of how the truck accident lawsuit process works.
The Start of a Truck Accident Lawsuit
There were roughly 2.3 million people injured in auto accidents in the US in 2022, according to Statista. Many of those accidents likely involved commercial trucks. After a truck accident occurs, the first step for the victim is to seek medical attention and document their injuries. It’s critical to get examined by a doctor even if the injuries seem minor, as some symptoms may take time to appear.
After securing medical care, the victim should gather evidence from the accident scene, including photos of damage, skid marks, and more. Police reports, eyewitness statements, and other documentation will also be valuable. The next step is consulting with a truck accident attorney, who can analyze liability and build a strong case on the victim’s behalf.
Investigation and Discovery
Once a truck accident lawsuit is filed, the discovery process begins. This involves investigations, evidence gathering, deposing witnesses, and more. In 2021, 18% of the drivers involved in fatal crashes were speeding at the time of the crashes, and 29% of those killed were in speeding-related traffic crashes, according to statistics. Evidence of speeding can help prove negligence and liability in truck accident cases.
Truck accident cases can be complex, so the attorney will need to secure accident reports, inspection records, maintenance logs, the truck driver’s history, and other documentation to prove negligence. Thorough discovery and investigation take time but provide the evidence needed to demonstrate liability.
Settlement Negotiations
The majority of truck accident lawsuits end in settlements rather than going to trial. After the investigative process, the attorneys will enter negotiations to determine fair compensation for the plaintiff’s damages. Settlement talks facilitate compromise and avoid a lengthy trial.
In 2021, motor vehicle accident cases were said to last 20 months on average. Truck accident cases often take longer due to their complexity. If a settlement cannot be reached, then the case proceeds to trial.
The Trial
During the trial, the plaintiff’s truck accident lawyer will present evidence and arguments to show the defendants’ liability. Witnesses may be called to testify, including accident experts. The lawyer will explain the plaintiff’s damages, from medical bills and lost wages to pain and suffering.
The defense will attempt to refute negligence claims and minimize damages. After both sides present their case, the jury will decide liability and award damages accordingly. Most truck accident trials end in the plaintiff’s favor due to the extensive evidence usually uncovered during discovery.
Settlements and Verdicts
Truck accident settlements and court verdicts can vary substantially based on the circumstances. Factors like the severity of injuries, number of vehicles involved, insurance coverage, and defendants’ resources determine case value. Settlements often reach six or seven figures depending on damages. Jury verdicts that exceed $1 million are not uncommon in truck accident cases where negligence is clear.
An experienced truck accident attorney can navigate this complex legal process and help victims secure maximum compensation through either settlement or verdict. Thorough litigation and negotiations take time, but are essential for obtaining justice after a truck crash. With an attorney’s help, victims can move forward after tragedy and rebuild their lives.
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