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Truck/Tractor Trailer Accidents: The Legal Process

Blaszkow Legal Nov. 2, 2023

“Leveraging Invaluable Experience for Positive Outcomes”

Truck accidents are among the most serious and complex accidents on our roads. These accidents often result in severe injuries or even fatalities due to the sheer size and weight of commercial trucks. If you or a loved one has been involved in a truck accident, understanding the legal process involved in filing a claim is crucial. At Blaszkow Legal, PLLC, we are dedicated to helping accident victims of trucking accidents rebuild their lives. Here are some tips if you are involved in a truck accident.

Step 1: Get Prompt Medical Attention

Your health should always come first, and receiving medical attention as soon as possible is necessary for your well-being and your potential compensation.

Step 2: Work with an Experienced Truck Accident Attorney

Seeking legal assistance is a critical step and arguably equally important as filing a claim with your insurance company. An experienced truck accident attorney can assist you in investigating the accident, determining fault, and filing a claim against the responsible parties. 

Step 3: File a Claim with Your Insurance Company

Regardless of who may be at fault for the accident, working with your attorney to file a claim with your insurance company as soon as possible is essential. This will ensure that your medical bills and other expenses are addressed promptly. By starting the claims process early, you are more likely to receive at least some payout to assist with your immediate financial needs.

Step 4: Investigate the Accident

In large accidents like this, it’s a race against the clock to make sure every fact of the case is accounted for. Your attorney will work diligently to gather evidence from the accident scene, including police reports, eyewitness statements, and truck maintenance records.

Step 5: File a Lawsuit

Once your attorney has amassed enough evidence and believes a case is to be made, they may advise filing a lawsuit against all responsible parties. The lawsuit will assert that the defendant's negligence led to the accident and your injuries.

Step 6: Discovery

The discovery phase involves both sides exchanging information about the case. This may include witness depositions, document requests, and medical examinations. Collecting all the necessary information from all potentially negligent parties may take considerable time and resources.

Step 7: Alternative Dispute Resolution or Trial

Mediation is a voluntary process where a neutral third party helps the parties involved reach a settlement agreement. If a settlement cannot be reached, the case proceeds to trial. During the trial, a judge or jury will determine fault for the accident and decide on the compensation the plaintiff is entitled to receive.

Important Considerations for Truck Accident Lawsuits

Truck accident lawsuits can be complex and time-consuming. Having an experienced truck accident attorney is vital to navigating the legal process and protecting your rights. For example, while investigating a truck accident, your attorney must have a comprehensive understanding of trucking regulations and the industry itself. They will scrutinize every available angle, including but not limited to:

- Driver qualifications and experience

- Truck maintenance records

- Hours of service for the driver

- Drug or alcohol use by the driver

- Road conditions and weather at the time of the accident

- Type of cargo being transported by the truck

Several types of insurance may come into play during a truck accident lawsuit:

- Trucking company insurance

- Truck/Trailer insurance

- Manufacturer's insurance

- Freight management company insurance

Your attorney will determine which insurance types are relevant to your case and assist you in filing claims against the appropriate companies.

If you or a loved one has been injured in a truck accident, it's crucial to contact an experienced truck accident attorney as soon as possible. At Blaszkow Legal, PLLC , we are dedicated to getting justice for our clients. Contact us today to schedule a consultation and get the legal support you need by calling (703) 879-5910. Your well-being is our priority, and we are here to help you every step of the way.