Often, accidents involving trucks cause more damages and severe injuries compared to other types of collisions. Most trucks weigh thousands of pounds, and therefore the destruction is inevitable when they crash another vehicle or a person. California is a central transportation hub for many goods. It is common for truck accidents to happen on California's highways. The trucking industry contributes significantly to the State's economy, increasing the number of trucks on the highways. The industry often puts pressure on their drivers on the road because trucking is a deadline-driven business. You can file a personal injury lawsuit to receive compensation if you suffer damages in a truck accident. Get in touch with us at The Truck Accident Injury Attorney Law Firm for help in filing a compensation claim.
Ways of winning a Truck Accident Case
It can be tricky to win a truck accident because of the numerous factors that influence fault or liability when an accident happens. If an accident involves a government truck, the complexity level goes higher. In California, the government manages and owns most trucks because the trucking industry is the State's economic backbone. Therefore, this could make it difficult for you to win a truck accident lawsuit. However, if you employ the right tips and strategies, you may find it easier to win a truck accident case. You also need to seek the assistance of a competent personal injury attorney. Some of the strategies and tips that can help you win a truck accident are:
Call the police
After your involvement in a truck accident, you should call the police. The police will help you make a report outlining the accident's facts, which will help you in the future as you seek compensation for your damages. The police will carry out investigations on the accident to identify the party at fault.
The police report's facts could help you recover damages like medical costs and vehicle damage, among others. It is also essential that you write the officers' names and badge numbers to help your attorney get crucial information from them to prepare substantial evidence after filing a claim.
Seek Medical Treatment
You should seek timely medical treatment if you suffer severe injuries after involvement in a truck accident. Before you leave for the hospital, you should leave your contact information with the police or any witness at the accident scene. You could also request other individuals involved in the accident to give you their contacts. Your physical and mental report will come in handy when seeking compensation. It is imperative that you immediately secure a medical report after a truck accident, even if you seem okay. The sooner you seek treatment, the better because some symptoms may not manifest immediately after the accident. If you fail to do so, the complications might show up later, and you may not manage to convince the court that the truck accident caused your injuries.
Document Your Injuries
Because of the trucks' mass and size, you may suffer severe injuries, especially when a big rig or a multiple-axle truck hits you. Ensure that you record all the injuries suffered in the truck accident. This will make it easier for you to seek compensation. Some of the physical injuries that you might suffer in a truck accident are:
- Traumatic brain injury (TBI)
- Spinal cord injuries including paralysis
- Back injuries including sprain and strain
- Muscle injuries
- Crush injuries
- Cervical, lumbar spine, and thoracic injuries
- Broken bones
- Post-traumatic stress disorder (PTSD) and other mental illnesses
- Scarring and burns
- Cuts and lacerations
- Whip injuries
- Nerve injuries and damage
- Radiculopathy and numbness
Talk to Witnesses
Talking to the people who saw the truck accident happen is essential. They could be key members in your case during the court proceedings because they give first-hand proof of what happened. Take the witnesses' contact information before you leave the accident scene because once they disperse, you may not locate them in the future.
Take Photographs of the Accident's Scene
After your involvement in a truck accident, documenting the accident scene could be challenging, mainly if you sustain severe injuries. You may take some photos if you have a camera. You could request one of the witnesses to take pictures on your behalf if you are unable. You may also take photos of the truck that caused the accident and the wreckage of your vehicle if you had one.
Contact an Attorney
Often, truck accidents leave victims with severe and even long-term damages and injuries. After your involvement in a truck accident, you should contact a truck accident attorney to walk with you in the legal process. The attorney brings legal expertise in the case combined with a desire to assist you in getting justice. The attorney will help you recover compensation for lost wages, emotional damage, pain and suffering, physical therapy, future and current medical bills, and more. Filing a lawsuit without an attorney's assistance is a mistake that could lead you to devastating results.
The attorney has the knowledge, comfort, and legal expertise that it takes to win your truck accident case. Giving the evidence that your damages and injuries resulted directly from the truck accident is not as easy as it sounds. Your attorney will fight to recover the proof that supports the accident's facts at such a time. He or she will fight to ensure that you receive compensation to help you recover quickly and enjoy your full life. The attorney will help you win your truck accident case by:
- Interviewing the witnesses
- Proving that the injuries resulted from the truck accident
- Negotiating compensation on your behalf
- Pursuing more money for the damages and injuries than you would have received by fighting a lawsuit alone or from the insurance company
- Gathering witness statements, police reports, and photographs taken at the scene of the accident
- Bringing in expert witnesses
File the Case Immediately
If you suffer injuries in a truck accident owned by the government, you only have six months to file a claim from the accident date. In this case, you, therefore, need to file your claim as soon as possible to give your truck accident attorney ample time to prepare sufficient evidence for your case. However, if you suffer injuries in a truck accident owned by a private company, you are given two years from the accident date. It could be a big mistake for you to delay until the last minute because your case's strength could reduce. The strength of your case could decrease because of the following reasons:
- The defense and a jury could question why you took longer to file a claim
- Some evidence could be destroyed or lost
- As time passes, the recollection of the facts becomes hazier
Preserve the Facts of Your Case
After suffering injuries in a truck accident, the evidence you have could help the jury decide your case and deserved compensation. Your attorney will also be able to fight and file a claim if there is sufficient evidence about your case. The insurance adjusters could only award you your deserved settlement if there is adequate evidence to support your claim. The chances of winning your case will be higher if you have more proof that you can support your claim.
At times, it is advisable to keep the vehicle wreckage intact until completion of the case. If you decide to repair the wreckage, ensure that a certified mechanic assesses the vehicle and documents the damages.
Documenting enough evidence after your involvement in a truck accident is an important step. You may do so by taking pictures of the weather conditions, road conditions, and even the accident scene. You may also document any other relevant cause of the accident. You should locate and identify all individuals involved in the accident. Remember to take the truck driver's address, his name, his insurance policy number, and the number plate of the truck. All the necessary information you gather about the accident could be substantial and may help you receive higher compensation.
For you to win your truck accident case, you must be sincere when dealing with insurance adjusters and investigators. You may be tempted to exclude some details of the accident or exaggerate the truth. It is good that you avoid doing so because, in the end, your case could be compromised. Stating lies could make the insurance company and investigators doubt the credibility of your case. It is important to remember that with your personal information, the investigators could access several databases.
You might feel the urge to acquire your compensation check faster after suffering injuries in a truck accident. However, it is good that you avoid being too eager. You should prove to the insurance adjusters and investigators that you will be patient no matter the period it takes. Consult your attorney before you turn down or accept any offer from the liable party.
Avoid Social Media
Be careful about what you share on social media after suffering injuries in a truck accident. When seeking compensation, your social media platform's information could be used to challenge your claim during court proceedings or negotiation. Your opponents could get an avenue to fight your claim using any information you post on social media.
The defendants or insurance adjusters could discredit your claim based on the information they get from your social media platform. You could contradict yourself by posting hiking photos on social media immediately after suffering feet or muscle injuries in a truck accident. Such an instance could make it difficult for you and the attorney to convince the defendants and the court that you suffered feet and muscle injuries in the accident. This is because you cannot allege that you sustained severe injuries in a truck accident, yet your media handle reveals a different story.
You should remember that when you suffer injuries in an accident and file a claim, the insurance adjusters, case investigators, and defendants monitor you closely. Therefore, it is vital that at such a time, you give a chance to your injury attorney to follow up on your case and avoid posting sensitive information on your social media platforms.
Avoid Underestimating your Case Value
After suffering injuries in a truck accident, you should never underestimate the value of your case. Avoid quick settlements from the liable parties before determining the extent of your injuries. This is because the real effects of your injuries could delay manifesting after the truck accident. After the accident, you may be required to undergo rehabilitation or even suffer permanent damage. You, therefore, deserve fair compensation after your involvement in a truck accident.
You should avoid limiting your claim to specific damages. An injury could have emotional, psychological, and physical impacts on you. At times, you may fail to understand the type of injuries or losses you have suffered. You may file a claim for pain and suffering or physical injuries under the guidance of your injury attorney. The attorney will assist you in determining your injury level and the amount of compensation to seek.
Do not Pursue your Case Alone
After your involvement in a truck accident, it may not be a good idea for you to pursue your claim without a personal injury attorney. It could be difficult for you because, during that time, your opponent is the insurance company. When seeking compensation after your involvement in a truck accident, insurance companies often use insurance adjusters. They hire them because of having vast experience in handling accident claims. Therefore, it is not a good idea to challenge insurance adjusters without legal guidance.
However, you may opt to seek compensation on your own and involve a personal injury attorney later if complications arise during the claim process. You will compromise the chances of winning your truck accident claim if you go alone in the initial stages. It is often crucial that you contact a personal injury attorney to walk with you as soon as you suffer injuries in the truck accident.
Give all the details about your injuries to the attorney while discussing them, even if they seem to be minor injuries. You should also let your attorney know if you experience on and off symptoms after the injuries. Your attorney will follow up with your doctor to ensure that he or she records the symptoms in your medical report. Never ignore minor symptoms because, with time, they may get worse. If you fail to state particular symptoms once the lawsuit commences, you may not be able to prove your injuries later. This is why the doctor's medical report often forms the basis for your compensation.
Allow the Court to Settle Your Case
At times, some truck accident cases may be settled out of court and receive your deserved compensation, while other settlements are made after a trial. Since truck accident cases are always complicated, you should give the court the chance to settle your case when seeking your compensation.
In California, the majority of truck accident cases end up in court. This happens if the liable parties in the accident become stubborn, making you and your attorney unable to settle on fair compensation. Though it may be hard for you, mainly if it is your first appearance in court, you don't have to be stressed since your attorney will be there for you.
Your attorney will take you through the steps and show you how to respond to the jury. During the court proceedings, never allow the insurance adjuster or liable party to discover that you are court shy. Most insurance companies prefer giving the victims high compensation rather than proceeding to court.
Weigh Your Words
After a truck accident, do not get angry and begin abusing the truck driver for causing the accident. Even if the truck driver is at fault, being emotional and abusing them does not solve it. You may regret later if you get agitated and speak words that the defendant could use against you in court.
Therefore, you should watch your words and keep calm after the accident. Keeping calm may earn you favor before the court and your defendant. It is also crucial that you only share the details about the accident with your attorney or the law enforcers but not any other person.
State the truth when the law enforcers interrogate you but avoid admitting liability to the accident. Instead of giving false information about the accident, you should consider keeping quiet because telling lies could damage your case credibility. You could also face adverse legal consequences for telling lies, and this would be a double blow on your side.
Never Admit Fault
Never admit fault even if you feel you are partially responsible for the truck accident. You could have caused an accident when driving and engaging in distracted driving or by following the truck closely. In such a situation, you are partially responsible for the truck accident.
Even if you are partly responsible for the accident, you should not apologize to the truck driver because, by doing so, you will be sending a message to him or her that you caused the accident. You should file a claim less your degree of liability because California is a comparatively negligent State. You will compromise your chances of winning a truck accident claim if you admit fault. The court will compensate for your damages less your degree of fault.
Present a Good Impression
After suffering injuries in a truck accident, the insurance adjuster will award you compensation depending on the impression you present. If your case proceeds to trial, the defendant will compensate you depending on how he or she thinks the court will handle the case. The courts in California award compensation to truck accident victims based on the court proceedings' information.
Therefore, you should maintain respect and humility at all times to win your case and receive your deserved compensation. The simple gestures will influence the defendant to think that the jury might sympathize and award you higher compensation for the injuries suffered. This might also make the defendant offer you fair compensation and even request you to settle the case out of court.
Do Not Surrender to Social Pressure
After suffering injuries in a truck accident in California, the law allows you to file a claim due to the truck driver's negligence or any other liable party. At the time, few ignorant close relatives may not be of the idea of filing a claim. You may fear that seeking compensation makes you look like you have a culture of seeking compensation. A negative perception of co-workers and friends could also make you fear to seek compensation after suffering injuries in a truck accident. Most insurance companies often wish for the victims to have such a perception when an accident happens.
However, under California law, the aim of filing a claim is to assist you in recovering from your injuries. Since it is lawful to do so, never fear and fail to file a claim because of society's perception. It is your legal right, and you should never be ashamed to take action as outlined by California law.
Factors that may Influence your Claim
The following factors may determine the amount you may receive as compensation after suffering injuries in a truck accident:
- The negative impact of the accident on your life
- Time spent away from work due to the injuries suffered or the inability to continue working
- Amount of time, prognosis, and costs of your anticipated recovery
- The severity of your injuries
- Your age at the time of the accident
- The magnitude of the property damage to your vehicle
- Your health and lifestyle pre-accident
- Whether there is a life-long injury or permanent disability
- The length of stay in hospital
Find a Truck Accident Attorney Near Me
If you suffer severe injuries in a truck accident, you will receive the compensation you deserve if you take legal action. However, to successfully pursue a truck accident lawsuit, you need an in-depth knowledge of the trucking regulations. The Truck Accident Injury Attorney Law Firm has experienced attorneys and enough resources to investigate your claim. Our attorneys have enough expertise to collect the required evidence to win your case. Call us at 888-511-3139 and talk to one of our attorneys.
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