Commercial truck accidents cause serious injury and losses, and filing a lawsuit against those who caused them is the right of the victim. How do commercial truck accident lawsuits work?
With the help of a New Orleans truck accident lawyer, you can prove your losses, gather evidence, and file a claim against those at fault before then pursuing a legal claim in a court of law to seek the court’s decision on what you are owed.
Understanding a Commercial Truck Accident Lawsuit
In most situations, a commercial truck accident does not begin with a lawsuit but progresses from that point when the responsible insurance company fails to provide damages as required under law for accidents their covered policyholder caused. This means getting to the point of filing a lawsuit, and various other steps typically have failed. This includes:
- Documentation of fault in the case is needed to determine who is at fault across all parties, such as the truck driver, the truck owner, the loading company, the maintenance provider, or others.
- Determination of all losses suffered by the victim in the case, including medical losses, property damage, loss of wages, pain and suffering, and others, including evidence to support these claims.
- Filing a claim with the at–fault party’s insurance provider, answering any questions related to the claim, and negotiating a fair settlement based on the documentation provided of losses.
- Seek legal action if the insurance company does not respond or fails to respond quickly, leading to the initial filing of a lawsuit in a court of law.
- Move through the discovery phase and other steps to go to trial, if necessary, to allow the court to decide on the outcome of the case.
As a victim in a commercial truck accident, each of these steps requires experience, understanding of intricate local laws, and the ability to navigate around limitations on access to evidence and resources.
At Scott Vicknair Injury lawyers our commercial truck accident attorney will help you at every stage, building a strong case for you and making sure you know what your rights are. We stand by your side throughout this legal process, and our case results show our success.
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504-500-1111Factors that Make a Commercial Truck Accident Lawsuit Different
Every truck accident is serious and must be considered in its own right, but there are a few key factors that often make commercial truck accidents more aggressive and, in the long term, more challenging to win. As your attorney, we pursue full compensation for all of your losses by navigating these areas. Some differences that play a role in your case include:
- The risk of serious consequences: Due to the sheer size and weight of the commercial truck, the risk of catastrophic injuries and fatalities in a commercial truck accident is higher than in a wreck involving a box truck or a smaller motor vehicle.
- The financial impact: The financial impact of a commercial truck accident is high for all parties, including the trucking company itself. They will work aggressively to mitigate the losses you are claiming, as it can directly impact their ability to continue to operate their business.
- Truck regulation mistakes and failures: Trucking companies in this sector must know how to comply with federal hazardous materials regulations overseen by the Federal Motor Carrier Safety Administration. Mistakes here can limit the ability of a trucking company to operate and require extensive fees.
- Evidence preservation may be limited: In a commercial truck accident, gathering evidence about what occurred and why is critical to building a strong case. However, it can be challenging to do so if that information is behind lock and key or disappears.
- Trucking company negligence may be extensive: Commercial truck accidents often occur due to multiple failures in the safety process, from the truck driver engaging in negligent actions to the trucking company failing to maintain the vehicle. This makes fault more complex to obtain.
This information is critical to filing a lawsuit and navigating the legal system. As your attorney, we are committed to working very closely with you to mitigate any risks of further loss due to nonpayment of claims. The sooner you contact us to put our team to work for you, the better.
Navigating the Claims Process
The claims process in itself can be challenging for victims. Trucking companies will do all they can to reduce any blame in the case, and that often means delays and frustrating denials. Some of the challenges our attorneys work to overcome include:
- Lack of interaction with the insurance company
- Unfair denial of losses
- False or misleading statements
- Unacceptable claims
- Failure to take your claim seriously
These are some of the factors that led to our need to file a lawsuit and handle the discovery phase with the insurance company. In every situation, we try to settle fairly for your rights outside of course. Yet, we are also not afraid to move to trial when it is necessary to do so.
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504-500-1111Lawsuits Are Complex
Since this is the trucking industry, it is not common for a lawsuit to actually make it to court. Instead, it is very common for the trucking company’s insurance company to avoid this because it is very costly for them. That often leads to the following steps:
- Discovery is conducted by all parties, allowing the insurance company and attorneys to interview you firsthand to discuss your losses.
- Further evidence seeking may be necessary or clarification of your losses.
- A settlement, often that is fairer to you, is provided.
Even in these situations, we strongly encourage you not to back down and settle for too little. It could cost you in the long term. Instead, let us offer you ongoing support and guidance as you work to recover full compensation, as evidenced by our client testimonials.
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504-500-1111Schedule a Free Consultation with a Commercial Truck Accident Attorney Now
How do commercial truck accident lawsuits work when you are the victim of bills and losses? When you empower Scott Vicknair Injury Lawyers, you gain the one-on-one support you need to pursue a settlement outside of court. Contact us to learn more about your rights.