How Do Truck Accident Claims Work?
Truck accident claims are very different from the litigation that follows most other types of motor vehicle crashes. Suffering serious injuries in a truck accident can impact all aspects of your life, and it goes without saying that losing a loved one can do so as well.
Seeking financial compensation for your losses is an important part of the recovery process. It is crucial to have a knowledgeable truck accident lawyer handle your claim.
Most people don’t know what to expect when they have a truck accident claim. Attorneys at Maggiano, DiGirolamo & Lizzi have extensive experience with these complicated cases, and we can help you pursue the full compensation you deserve.
For a FREE case review, call (201) 585-9111 today. Our lawyers handle truck accident claims on behalf of clients in Fort Lee and all of New Jersey and New York.
7 Steps in a Truck Accident Claim
Truck accident claims involve a lot of moving parts. However, the most important parts of the process can be boiled down as follows:
1. Investigate the Accident
The first step is to investigate the truck accident. Ideally, this investigation should take place as soon as possible. After being involved in a serious truck accident or losing a loved one in a fatal truck accident, you should engage a law firm to conduct an investigation right away.
Investigating a truck accident is a multi-step process. This process begins with a forensic examination of the accident scene. Skid marks, debris on the road, damaged guardrails, and various other forms of evidence may all be available to examine for a limited amount of time.
In addition to collecting forensic evidence at the scene of the collision, a truck accident investigation may also involve examining other evidence and sources of information such as:
- Stop light and traffic patterns
- Road signs
- Eyewitness testimony
- Traffic camera or security camera footage
- Photos and videos
- Cell phone records
- Driver logs
- Truck maintenance records
- Shipping manifests
2. Determine Who Caused the Accident
Based on the evidence that is available, your lawyer will next determine the party or parties who caused the accident. While truck driver negligence is a common factor, this is far from the only issue that can lead to a collision.
Truck accidents claims may be brought against truck manufacturers, trucking companies, and shipping companies (to name a few). Experienced truck accident attorneys will investigate thoroughly to identify errors on the part of these and other parties.
3. Determine What Company or Companies Are Liable
Once your lawyer determines what caused the accident and the party or parties at fault, your lawyer can then determine who is liable for the crash. Some examples of possibilities include:
- If the truck driver caused the crash, then the truck driver’s employer or insurance company could be liable.
- If a truck defect caused the crash, then the truck’s manufacturer or the company that manufactured the defective component could be liable.
- If a cargo spill or other cargo-related issue caused the crash, then the trucking company or shipping company could be liable.
- If inadequate truck maintenance caused the crash, then the trucking company and/or the mechanic or maintenance facility that worked on the truck could be liable.
- If another driver caused the crash, then his or her auto insurance company or employer could be liable.
Again, these are just examples. There are numerous possibilities, and it is also possible that multiple companies and insurers could share liability for the accident. In some cases, government agencies can be held liable for road construction issues and defects as well.
4. Calculate Your Truck Accident Losses
While working to establish liability, your lawyer will also be working to calculate the damages you have sustained as a result of the trucking accident. Potential compensation plaintiffs may be entitled to in truck accident claims include:
You will need to be actively involved in helping your lawyer calculate the totality of damages in your truck accident claim. The more information and evidence you provide, the more compensation your attorney will be able to seek on your behalf.
5. File Your Truck Accident Claim (or Claims)
After determining your options for pursuing compensation, the next step is to assert your legal rights. This may involve initiating settlement negotiations with insurers, filing a lawsuit, or some combination of the two.
6. Negotiate for a Settlement
Although there are no guarantees, most successful truck accident claims are resolved through settlement negotiations. These negotiations can take time – especially if multiple defendants share liability for the crash – so it is important to be patient while your lawyer advocates on your behalf.
7. Go to Court If Necessary
If you do not receive a fair settlement offer, it may be necessary to file a lawsuit to show the defendant(s) you mean business. Ultimately, your attorney may need to present your case in court.
Many truck accident claims settle during litigation. But, if yours doesn’t, it is important to work with an experienced trial lawyer who knows how to prepare a case, represent your interests in the courtroom, and win.
Attorneys Handling Truck Accident Claims Throughout New Jersey and New York
Truck accidents are not your average auto collision. If you or a member of your family suffered harm in a trucking accident, it is crucial to work with a proven law firm.
The truck accident lawyers at Maggiano, DiGirolamo & Lizzi are top-rated in handling truck accidents and other personal injury matters. We are committed to pursuing the maximum compensation in your case while providing compassionate, hands-on support and guidance at all times.