What Happens in a Big Rig Trucking Accident Injury Case?
Big rig accidents involving big rigs can be catastrophic. Because of their size and weight, accidents with these big rigs are likely to cause serious injury, extensive property damage, and even death. If you or a family member has been injured in a big rig truck crash, it is important to know what occurs in a big rig trucking accident injury case. A Big rig accident lawyer can guide you through the legal process, and you will be compensated fairly. Below is a step-by-step account of how it occurs in such an accident.
Key Steps and Legal Insights in a Big Rig Trucking Accident Injury Case
1. Initial Steps After the Accident
The first few seconds after a truck crash are vital to your well-being and your potential lawsuit.
- Seek Medical Care: Regardless of how minor injuries appear, it's vital to be checked by a doctor. Internal bleeding or concussions can go undetected initially.
- Report the Crash: Call 911 and have a police report taken. This police record will be a valuable piece of evidence.
- Collect Evidence: Take photos of the accident scene, car damage, road conditions, and any outward injuries. Take down witness information.
- Do Not Apologize: Be mindful of what you say on the scene. A nice apology may be interpreted as an admission of fault.
2. Investigation and Evidence Gathering
Once the Big Rig Accident lawyer is involved, they will start investigating the accident. Trucking companies usually have in-house lawyers who are prepared to represent their drivers so that a good game plan legally becomes essential.
- Black Box Data Review: Commercial trucks may be fitted with electronic logging devices (ELDs) that track speed, braking, and driving time. This information can be useful evidence.
- Review of Driver Logs and Records: Federal law restricts the amount of time a truck driver can drive without resting. If the driver had driven beyond those restrictions, fatigue could have been a contributing factor in the accident.
- Review of Surveillance Tape: Local traffic cameras, dash cams, or security cameras may have caught the accident.
Inspection of the Truck and Maintenance Records: Lack of proper vehicle maintenance can cause mechanical failure, so trucking companies are held responsible.
3. Determining Liability
Identifying who is responsible for a semi-truck accident is generally more involved than in a normal car accident. There can be several parties at fault, such as:
- The Truck Driver: If there was reckless driving, driver fatigue, or drug use involved.
- The Trucking Company: If they made drivers drive over the clock or did not properly maintain the vehicle.
- Manufacturers: If faulty brakes, tires, or other defective parts of the truck caused the accident.
- Cargo Loaders: If the cargo was loaded improperly and resulted in shifting cargo or off-center weight.
Your attorney will obtain the evidence needed to prove fault and make your case stronger.
4. Claim Filing and Insurance Company Negotiation
Once fault is determined, your lawyer will submit a claim against the fault parties' insurance companies. Insurance adjusters may try to undervalue your claim, but a quality Big Rig Accident lawyer will negotiate aggressively to obtain fair compensation.
Compensation for a large truck accident case may involve:
- Medical Expenses: Current and future medical bills related to the accident.
- Lost Income: If you cannot work as a result of your injuries.
- Pain and Suffering: Mental pain and suffering due to the accident.
- Property Damage: The cost of repairing or replacing your vehicle.
Wrongful Death Damages: If your loved one did not survive the accident, damages may include funeral costs and loss of financial support.
5. Settlement vs. Trial
Most truck accidents resolve without a lawsuit, but if the insurance company won't make a reasonable settlement, your lawyer can sue the case in court. He or she will present facts, summon experts, and negotiate for the maximum award you're owed.
Wrapping Up
A semi-truck trucking accident injury claim can be complex and intimidating, especially in the case of serious injuries and damages. Having a skilled Big Rig Accident attorney in your corner ensures that you will not be exploited by insurance companies and trucking companies. From collecting evidence and establishing fault to negotiating a settlement or trial, attorney services are the difference in receiving the compensation to which you are legally entitled. If you or a family member have been in a truck accident, obtaining the advice of an attorney in advance will be the determining factor in your case.
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