Building a Strong Personal Injury Claim
Looking to recover maximum compensation from your trucking injury lawsuit?
Trucking accidents can ruin lives. The size and weight of large commercial vehicles cause catastrophic injuries with astronomical medical bills. Unfortunately…
Most accident victims have no idea how to build a trucking injury lawsuit that holds up.
They end up settling for far less than they deserve.
Let’s fix that.
Large trucking companies have high powered legal teams working day and night to settle injury claims for as little as possible. When you file a lawsuit without knowing how it works, you automatically lose thousands on your truck accident case.
Fatal truck crashes cost over $3.6 million on average per FMCSA estimates.
That’s not even a typo. And truck accidents that don’t kill you still average about $200,000 in overall losses.
You can recover major compensation with the right trucking injury lawsuit though. Our guide applies to Truck Accident Injuries in Fort Wayne or anywhere else in the United States.
Here’s how to build a bulletproof truck accident claim:
Prepare, document, and strategize.
Let’s dive into it.
Table of Contents
- Learn How Trucking Accident Claims Work
- Helpful Evidence To Strengthen Your Case
- 4 Mistakes That Will Destroy Your Claim
- Building Your Claim: Step By Step
Learn How Trucking Accident Claims Work
Trucking accident claims have a lot in common with regular car accident injury lawsuits. They involve similar laws and strategies.
The differences are pretty important though.
First off, trucks can weigh up to 80,000 pounds when loaded. That’s about 20-30x heavier than the average passenger vehicle on the road today.
Due to this weight disparity crashes with commercial trucks tend to be more severe.
The National Safety Council reports that when someone is killed in a large-truck accident, 70 percent of deaths are occupants of the other vehicle.
Fatalities on the truck side happen less than 2 percent of the time.
This matters for truck accident lawsuits because:
- Injuries are typically more severe.
- Medical bills will be much higher.
- Multiple parties can be held liable.
- Federal standards become involved.
Building a successful truck accident lawsuit takes all of these factors into account. Neglect one and you could lose out on deserved compensation.
Helpful Evidence To Strengthen Your Case
Anyone can file a trucking injury lawsuit. But not everyone knows how to build a strong case.
Collecting helpful evidence is the difference between receiving maximum compensation and stressfully settling for less than you need.
Here’s what helps trucking accident cases:
Black Box Data
The first thing you’ll want to preserve via formal letter is any electronic logging device data.
This “black box” stored on big rigs records speed, break applications, and hours of service.
Essentially anything that matters in proving negligence will be found here. Were they speeding? Driving drowsy? Working too many hours in violation of federal rest rules?
Send a preservation letter to the trucking company as soon as possible after an accident. They are legally allowed to delete this data after a set amount of time.
Driver Files
Commercial drivers are required to keep records on file constantly. These Driver Qualification Files include basic information about the individual.
Medical card approvals, drug test history, training documentation, and previous convictions can all be used to help your truck accident case.
Common violations found in these files are lapsing medical cards, positive drug tests, or incomplete CDL training history.
Maintenance Records
Trucking companies are required by federal law to keep extensive maintenance documents.
Records of brake inspections, tire rotations, and general truck servicing should all be available.
Were parts overdue for inspection or replacement? Did a faulty component cause the collision?
Use your truck accident lawyer to request maintenance records from the trucking company.
Witness Information
Lastly, having witnesses to the accident helps verify your story. Try to collect names and contact info from everyone at the scene if possible.
Even passengers in your vehicle or the other truck can help. What did they see about traffic conditions? Truck driver behavior? Sequence of impact?
Any little detail can help construct a strong case against the truck driver.
4 Mistakes That Will Destroy Your Claim
Filing a trucking injury lawsuit can be intimidating for good reason.
Trucking companies hire aggressive legal teams and insurance adjusters to give you the settlement blow down.
Don’t fall for it.
Here are a few common mistakes that will tank your claim:
Providing A Recorded Statement
One of the first things insurance companies will do is call you after an accident occurs.
They will try to act nice and get you to give a recorded statement. Do NOT give a recorded statement.
Insurance companies use any information you provide against you. Even if you think you were fine after the crash and tell them “I’m feeling better.”
It can come back to bite you later.
Waiting To Seek Medical Attention
Similar to above, if you skip or delay medical treatment your injury claim will suffer.
Insurance companies love to point out gaps in medical treatment as evidence that your injuries weren’t serious.
Make sure you document every symptom you have, no matter how small. Follow through with ALL recommended medical treatment from your doctors and physicians.
Posting On Social Media
What you post on social media can completely destroy a truck accident claim.
Photos of yourself doing activities, checking into locations, and writing status updates can be used against you.
If you absolutely can’t stay off social media until your case is resolved, make sure your profiles are set to private (and stay off your trucks accident lawsuit hashtag LOL).
Missing Deadline To File
Each state has a specific time limit for filing injury lawsuits.
If you miss this deadline, you lose your right to sue forever. It’s called the statute of limitations.
While some states allow up to 4 years to file, others can be as low as 1 year for certain types of claims.
Don’t wait. Start your truck accident lawsuit now.
Building Your Claim: Step By Step
Now that you know what can make and break your trucking injury lawsuit let’s go over the steps to take to win your case:
Documentation
As stated before, documentation is everything.
Photographs and videos from the accident scene preserve a story that disappears quickly.
Take shots of…
- Damage to all vehicles from various angles
- Any skid marks on the road
- Traffic signs and signals
- Weather conditions if relevant
- Your injuries no matter how small they may seem
Determine Liability
Trucking accident cases aren’t always as simple as driver error. There can be numerous negligent parties at fault.
Everyone who played a role in causing or contributing to the collision may be responsible for compensation.
Some other parties that could be held liable in a truck accident:
- Trucking company itself
- Cargo loading companies
- Vehicle service companies
- Car part manufacturers
- Government entities if road conditions were poor
Calculate Damages
Knowing how to calculate damages in your truck accident lawsuit will help you recover maximum compensation.
Remember truck accident claims cover both economic and non-economic damages.
Economic damages are medical bills, lost wages, future earning capacity, and vehicle repairs. Anything that costs you money or can be proven with bills and documentation.
Non-Economic damages include pain and suffering, emotional trauma, loss of enjoyment of life, and loss of consortium. These are typically the bulk of your settlement.
Contact Professionals
Lastly, you don’t have to build your trucking case alone.
Experts in accident reconstruction, medical documentation, and economic calculations can all assist you with your case.
Investing in qualified professionals that know how to build a trucking injury lawsuit will ease your stress and help you recover maximum compensation.