Call Now Request FREE consultation - 1866-758-4529

How to Build a Strong Truck Accident Case

How to build a strong truck accident case

Trucking accidents can be overwhelming, causing serious injuries or death. If you or a loved one has been involved in an 18-wheeler or big rig crash, you may be entitled to compensation for your personal injury. However, building a strong truck accident case can be complex and challenging. Here are the key steps to building a strong truck accident case and maximizing your chances of receiving the compensation you deserve.

Understanding Truck Accident Cases

Truck accidents fall under personal injury law, which means that the injured party must prove that the other party was negligent and that their neglect caused the accident and resulting injuries.

In truck accident cases, the truck driver, trucking company, and possibly others may be liable for the accident. Liability is because trucking companies are responsible for ensuring that their drivers are properly trained, their trucks are well-maintained, and their drivers follow all safety regulations.

Gathering Evidence

The first step in building a strong trucking accident case is to get admissible evidence. Proof includes collecting information from the accident scene, such as photos of the vehicles, skid marks, debris, and other relevant evidence. It’s also important to obtain a copy of the police report and witness statements.

In addition to physical evidence, gathering medical records and bills related to your injuries is crucial. The medical proof will help show the seriousness of your injuries and their financial impact on your life.

Establishing Negligence

To prove negligence in a truck accident case, you must show that the other party had a duty of care, breached that duty, and that the breach caused the accident and your injuries. Proving can be complex, as multiple parties may be involved in the accident.

For example, the truck driver may have been fatigued or driving over the allowed hours. The trucking company may have failed to maintain the truck properly, or the truck may have had a mechanical failure. It’s important to thoroughly investigate the accident and assess evidence to determine who was at fault.

Working with an Experienced Attorney for a Commercial Vehicle Accident

Building a truck accident case can be overwhelming, especially when dealing with being hurt and getting necessary medical care. Working with an experienced truck accident attorney in Houston, TX, can help ease the burden and ensure your case is handled properly.

A commercial vehicle accident attorney can find evidence, establish negligence, and negotiate with the insurance adjusters for you. They can also represent you in court, fighting for your rights and the compensation you deserve.

Steps to Building a Strong Truck Accident Case

Now that we have covered the basics of truck accident cases, let’s dive into the key steps to building a strong case.

  1. Seek Medical Treatment

The first and most important step after a truck accident is to seek medical treatment. Even if you don’t think you are seriously injured, getting evaluated by a medical professional is important. Some injuries may not be immediately known, and delaying treatment can harm your case.

In addition, seeking medical treatment creates a record of your injury and the treatment you need, which can be used as evidence in your case.

  1. Document Everything

It’s crucial to document everything related to the accident and your injuries. Documentation includes photos of the accident, your injuries, and any property damage. It’s also important to keep track of all medical records, bills, and other expenses related to the accident.

In addition, keep a journal of your injuries and how they have impacted your daily life. Vital proof can be used to show the physical, emotional, and financial harm the accident has taken on you.

  1. Investigate the Accident

As mentioned earlier, it’s important to investigate the accident and determine who was at fault. Showing fault may involve obtaining witness statements, reviewing police reports, and gathering evidence from the accident scene.

In addition, your attorney may hire an expert accident reconstructionist to determine the cause of the accident and who was at fault.

  1. Establish negligence

Once you have gathered evidence and investigated the accident, it’s important to establish negligence. Negligence may involve proving that the truck driver was fatigued, the trucking company failed to maintain the truck properly, the truck had a mechanical failure, or other violations of federal regulations.

Your attorney will work to determine everyone at fault and get proof to support your claim.

  1. Negotiate with Insurance Companies

In most truck accident cases, the at-fault party’s insurance company will compensate the injured party. However, insurance companies are known for trying to minimize payouts and may offer a low settlement amount.

An experienced attorney will negotiate with the adjuster and fight, so you receive full compensation for your case.

  1. Consider Going to Court

If negotiations with insurance companies are unsuccessful, your attorney may recommend taking your case to court. A trial can be lengthy and complex, but you can fight for the compensation you deserve with the right attorney.

Real-World Truck Accident Case Examples

In 2018, a truck accident in Houston resulted in a $1.5 million settlement for the injured party. The truck driver was found to be at fault for the accident, and the injured party received compensation for their injuries and damages. Attorney fees were 40 percent, and case expenses were just under $30,000.

In another case in Houston, a truck accident resulted in a $3.0 million settlement for the injured party. The trucking company was found to be at fault for the accident, and the injured party received compensation for their injuries and damages. Attorney fees were 40 percent, and expenses were less than $42,000.

Contact a Trucking Accident Attorney in Houston for Help

Building a strong truck accident case is crucial for receiving the compensation you deserve after a devastating accident. By seeking medical treatment, documenting everything, investigating the accident, and working with an experienced attorney, you can maximize your chances of success and receive the compensation you need to move forward.



Post under: blog

About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.