After getting into a serious truck accident, you should follow the appropriate legal steps to make sure you get a proper settlement to cover your losses. A truck accident attorney who is well-versed in the law can assist you in following the correct protocol to help you prove the negligence of the guilty party.
After the accident, these steps should be carried out in the following order:
- If there are any injuries, immediate medical attention should be sought
- With the help of a lawyer, the police report should be filled
- An investigation should be launched to determine who was at-fault for the accident
- Evidence needs to be collected (such as the trucking company records, medical records of injuries, and gathering any video footage)
- Any witnesses should be contacted
- Once the guilty party is determined, the relevant insurance company should be contacted
- Negotiation should be carried out until a fair amount is agreed upon
- If a fair settlement is not offered, the trucking company or insurer can be taken to court until they comply
In most truck accident cases; your attorney will first directly communicate with the negligent parties in the hopes that they will act in good faith and give you the settlement you deserve without much of a hassle. However, if they refuse to agree to your terms and they keep offering you less then what you deserve, you don’t have to simply accept their offer. With the help of your attorney, you can file a lawsuit against them for failing to act in good faith, and for all the extra time and legal fees they forced you to spend on top of the original injuries and bills, you received after the collision.
Are the legal steps the same for every truck accident case?
It is important to note that each case is different and will require varying paperwork or a change in steps depending on where you live and how the accident took place. The best way to ensure you don’t forget any important steps and that you are given a proper amount of compensation is by going through the process with an expert in truck accident legalities by your side. With the experience and knowledge, you get from an attorney, following the proper steps will be much easier and will be done more efficiently.
Factors that often change the procedure after a truck accident include:
- How severe your injuries and the injuries of the truck driver are
- If there were any deaths caused by the accident
- The number of parties involved in the accident
- What state your accident took place in
- Your driving record and the driving record of the truck driver
For instance, if there were serious injuries sustained on both sides of the accident, it may take longer to get the paperwork done. Also, if there were any deaths during the collision you might need more time to arrange for a funeral as well before getting your attorney to launch into an investigation that will determine who was responsible for causing the accident.
Truck accidents usually result in expensive medical bills and property damage. Following the correct steps and taking action right away via an attorney is the best way to ensure you are not taken advantage of, and you are given the financial support you need to help recover from the pain and loss you suffered.