The Process of a Semi-Truck Accident Lawsuit Explained [2024 Guide]

What To Do After a Semi-Truck Accident

Being involved in a semi-truck accident can be a life-altering experience.

Truck accident victims are often left dealing with devastating injuries, emotional trauma, and financial strain.

Taking the right steps early in the legal process is crucial to building a strong case and securing fair compensation.

If you’re unsure how to go about your truck accident case, here are some steps to help you get started.

Seek Immediate Medical Attention

The first and most critical step following semi-truck accidents is seeking medical attention, regardless of the apparent severity of injuries.

Many injuries, such as traumatic brain injuries or internal organ damage, may not present symptoms immediately but can have long-term consequences if untreated.

Visiting a medical professional ensures your injuries are properly documented.

Medical records serve as crucial evidence in linking the injuries to the accident and establishing the extent of damages.

Prompt treatment will also prevent the progression of your complications.

Document Evidence at the Accident Scene

Gathering and preserving evidence is essential for building a strong case.

If you’re able to, take the following steps immediately after the accident:

• Photographs: Take pictures of the accident scene. Capture the extent of the vehicle damage and the condition of the road.
• Witness Information: Obtain contact details from eyewitnesses who can provide an independent account of the events.
• Police Report: Request a copy of the police report, which includes valuable details like preliminary fault determinations and statements from involved parties.
• Personal Notes: Record your recollection of the accident while the details are fresh. Include information about the truck’s behavior, traffic conditions, and any observed negligence.

If you cannot document evidence due to injury, a personal injury lawyer or investigator can help collect this information later.

Consult With an Experienced Truck Accident Attorney

Truck accident cases are complex and often involve multiple legal and technical challenges.

Hiring an experienced personal injury attorney early in the process ensures you have a strong advocate to help you pursue justice and seek compensation.

An attorney will provide critical advice, such as what to say (or not say) to insurance adjusters, and ensure your rights are protected.

Attorneys will also help you preserve crucial evidence to protect and enhance the likelihood of recovering maximum truck accident settlements.

Conducting a Thorough Investigation

A comprehensive investigation is the cornerstone of a personal injury lawsuit.

This process often uncovers critical evidence that can prove negligence and establish liability.

An experienced truck accident lawyer often looks at the following areas to find hard evidence:

• Black Box Data: Most commercial trucks are equipped with an Electronic Control Module (ECM) or “black box.” This device records data about the truck’s operations, such as speed during the crash, engine performance, brake application, and so on.
• Driver Logs: Driver logs reveal violations of hours of service (HOS) rules. These logs also reveal falsified or incomplete records, which indicate the truck driver’s negligence or trucking company’s negligence.
• Maintenance Records: A thorough review of maintenance logs can reveal whether the trucking company or maintenance provider failed to address critical issues, such as brake system failures, tire blowouts, and malfunctioning lights or signals.

The initial steps in a semi-truck accident lawsuit lay the groundwork for a successful resolution.

Establishing Liability

Determining who is responsible for the accident is the most complex aspect of a truck accident lawsuit.

An experienced truck accident attorney can determine liability and responsibility for the accident.

Liability can extend beyond the truck driver to multiple parties includes:

• Truck Driver: Truck drivers may be directly liable for negligence, such as distracted driving, driving under the influence, or reckless speeding.
• Trucking Company: Trucking companies are often held accountable for their role in fostering unsafe practices, such as violating HOS rules, foregoing crucial training sessions to cut costs, and failing to conduct proper background checks.
• Vehicle or Parts Manufacturer: Defective truck components, such as faulty brakes or tires, may place liability on the manufacturer. In such cases, your attorney may pursue a product liability claim.
• Maintenance Providers: If improper or inadequate maintenance contributed to the accident, the maintenance provider could share responsibility for the crash.
• Cargo Loaders: Improperly loaded or overloaded cargo can affect a truck’s handling and stability, leading to accidents. The court may find cargo loaders liable if their negligence caused the accident.

Establishing liability requires uncovering regulatory violations and identifying all entities involved, from the truck driver to the trucking company and beyond.

Filing the Claim and Preparing for Litigation

Once the investigation is complete and liability is established, your attorney will file a claim with the appropriate parties.

This process includes submitting a demand for compensation that encompasses:

• Medical bills and related expenses
• Lost wages
• Pain and suffering
• Property damage

If the opposing party doesn’t agree to provide an average truck accident settlement, your attorney may proceed with filing a lawsuit and preparing for trial.

This step includes gathering expert testimony, deposing witnesses, and presenting a compelling case to a judge or jury.

Factors Influencing Settlement Amounts

The average semi-truck accident settlement depends on various factors that reflect the extent of the victim’s losses and the impact of the accident on their life.

Most truck accident cases settle before going to court.

Factors include:

1. Severity of Injuries: Serious injuries such as traumatic brain injuries, spinal cord damage, or permanent disability often result in higher settlements due to long-term medical costs and reduced quality of life.
2. Medical Expenses: In relation to the first point, victims who suffered severe injuries will spend more money on their recovery. For this reason, individuals with severe injuries are more likely to recover higher settlements.
3. Lost Wages and Loss of Earning Capacity: Victims who miss work due to injuries are entitled to recover lost wages. If the injuries result in permanent disability or inability to return to work, compensation may include loss of earning capacity over the victim’s lifetime.
4. Property Damage: Compensation for property damage includes repair or replacement costs for the victim’s vehicle and any other damaged personal belongings.
5. Pain and Suffering: Pain and suffering compensation addresses the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
6. Comparative Negligence: If the victim is partially at fault for the accident, the judge may reduce the settlement under the principle of comparative negligence. For example, if the victim is found 20% at fault, their compensation is reduced by 20%.

Trucking accident cases often involve high stakes due to the devastating nature of these accidents and the substantial damages they cause.

Filing a legal claim and negotiating a settlement is a nuanced process that requires a deep understanding of legal procedures, insurance policies, and the factors influencing compensation.

The Role of Insurance Companies in Trucking Accident Cases

Insurance companies play a central role in trucking accident settlements.

Trucking companies must carry substantial insurance coverage due to the potential for severe damages in commercial vehicle accidents.

While this may seem advantageous, dealing with a tricky insurance company presents several challenges:

1. Lowball Settlement Offers: Insurance adjusters often propose initial settlement amounts far below what victims are entitled to. These offers are designed to minimize payouts and protect the insurer’s bottom line.
2. Disputing Liability: Insurers may attempt to shift blame to the victim or other parties to reduce their financial responsibility.
3. Delays in Processing Claims: Delaying tactics are common, as insurers may hope victims will settle for less due to financial pressures or frustration with the process.
4. Exploiting Victim Statements: Insurers may use victims’ statements against them to downplay injuries or claim contributory negligence. Even casual remarks can be taken out of context to reduce compensation.

While trucking companies typically have higher policy limits, certain catastrophic cases may exceed these limits.

Identifying additional sources of compensation, such as umbrella policies or pursuing other liable parties, becomes crucial.

The Value of Legal Representation in Securing Fair Compensation

Hiring an experienced trucking accident attorney significantly improves the likelihood of securing a fair settlement.

Ways that competent and reliable legal representation benefits victims include:

• Leveling the playing field
• Negotiation expertise
• Evidence collection and preservation
• Litigation readiness
• Managing the legal process

Leveling the Playing Field

Insurance companies employ teams of adjusters and attorneys whose sole focus is minimizing payouts.

A skilled attorney provides the victim with an advocate who understands the legal landscape and can counter these tactics effectively.

Negotiation Expertise

Experienced attorneys know how to evaluate the true value of a claim by considering all damages — economic and non-economic.

They are skilled negotiators who can push back against lowball offers.

Evidence Collection and Preservation

Attorneys have the resources and expertise to collect and preserve crucial evidence, such as obtaining black box data, deposing witnesses, and collaborating with accident reconstruction experts.

Litigation Readiness

The threat of a lawsuit often motivates insurers to offer higher settlements.

If a settlement cannot be reached, an attorney is prepared to take the case to trial and advocate aggressively for the victim’s rights.

Managing the Legal Process

Victims can focus on recovery while their attorney handles paperwork, communications, and court filings.

This reduces stress and ensures that deadlines are met.

The presence of a skilled attorney is invaluable in overcoming legal hurdles and ensuring that victims receive fair compensation for their losses.

The Court Process for Semi-Truck Accident Lawsuits

The legal process of tractor-trailer lawsuits requires a thorough understanding of trucking regulations, commercial vehicle laws, and the challenges of multi-party liability.

Factors such as presenting irrefutable evidence and negotiating with various parties further complicate these cases.

Steps you can expect include:

1. Filing the complaint
2. Service of process and the defendant’s response
3. Pre-trial discovery
4. Motions and pre-trial hearings
5. Trial preparation
6. Presenting evidence in court

Step 1: Filing the Complaint

The lawsuit formally begins when the injured party (plaintiff) files a complaint in civil court.

The complaint outlines:

• The facts of the accident.
• The alleged negligence or wrongdoing of the defendant(s).
• The specific damages being sought.

Truck accident lawsuits often involve multiple defendants, so clearly identifying liabilities is vital. Your attorney will file this complaint in the appropriate court based on where the accident occurred or where the defendants reside or conduct business.

Step 2: Service of Process and the Defendant’s Response

After filing the complaint, the plaintiff serves the defendants with the lawsuit, providing them with a copy of the complaint and a summons to respond.

The defendants typically have 20–30 days to file an answer, admitting or denying the allegations.

They may also raise defenses or file a motion to dismiss if they believe the lawsuit lacks merit.

Step 3: Pre-Trial Discovery

The discovery phase is critical to the legal process, allowing both parties to gather and exchange evidence to build their cases.

Given the complexity of semi-truck accidents, discovery often involves obtaining highly technical data and industry-specific documentation.

Here are the methods that typically fall under discovery:

1. Interrogatories: Written questions that the opposing party must answer under oath. These might include queries about the truck driver’s training, the trucking company’s safety protocols, or maintenance history.
2. Requests for Production: This involves obtaining physical or digital evidence, such as black box data, driver logs, maintenance and cargo records, etc.
3. Depositions: Witnesses, including the truck driver, company representatives, and expert witnesses, provide sworn testimony. Depositions often reveal crucial information about liability and negligence.

Both parties could also invite expert witnesses like accident reconstructionists to fill in informational gaps about the case.

Step 4: Motions and Pre-Trial Hearings

Both parties may file pre-trial motions to address specific legal or procedural issues during or after discovery.

Examples include:

1. Motion to Dismiss: A defendant may argue that the lawsuit lacks legal merit.
2. Motion for Summary Judgment: Either party may request the court to rule in their favor without a trial based on the evidence presented during discovery.
3. Motion to Compel: If one party refuses to produce requested evidence, the opposing party can ask the court to enforce compliance.

Pre-trial hearings are also held to address these motions and set the framework for trial. This phase is critical in shaping the case, as rulings on motions can significantly impact the strength of each party’s arguments.

Step 5: Trial Preparation

As the trial date approaches, both parties focus on refining their strategies and preparing to present their case in court.

An experienced truck accident lawyer’s role during this phase is vital.

An experienced personal injury lawyer will help you organize all the facts regarding your case and build sound legal arguments based on this information.

They will also work with witnesses, including victims, experts, and eyewitnesses, to ensure their testimony is clear, credible, and compelling.

In complex cases involving catastrophic injuries or wrongful death, lawyers may conduct mock trials to test their arguments and anticipate the opposing party’s strategies.

Step 6: Presenting Evidence in Court

If the case proceeds to trial, both parties present their arguments before a judge or jury.

The trial process typically includes the following stages:

1. Opening Statements: Each side outlines its case, providing an overview of the evidence and legal arguments it will present.
2. Plaintiff’s Case-in-Chief: The plaintiff’s attorney presents evidence to establish liability and damages.
3. Cross-Examination: The defense attorney cross-examines the plaintiff’s witnesses to challenge their credibility and findings.
4. Defense’s Case-in-Chief: The defense presents its own evidence and witnesses to refute the plaintiff’s claims. For example, the trucking company may argue that the accident was caused by external factors, such as road conditions or another driver’s actions.
5. Closing Arguments: Both parties summarize their cases and urge the jury to rule in their favor.
6. Jury Deliberation and Verdict: The jury evaluates the evidence and delivers a verdict, determining whether the defendants are liable and, if so, the amount of compensation the plaintiff should receive.

TorHoerman Law: Talk to Our Truck Accident Lawyer Today

The legal process for semi-truck accident lawsuits involves several intricate steps, from filing a complaint and conducting pre-trial discovery to presenting evidence in court.

Each phase requires a deep understanding of trucking regulations, commercial vehicle laws, and understanding multi-party liability.

An experienced truck accident lawyer is pivotal in guiding victims through this process, ensuring their rights are protected and maximizing their chances of obtaining the compensation they deserve.

With proper legal representation, truck accident victims can pursue justice and rebuild their lives after a devastating situation.

Contact our team to book your free truck accident consultation today, or use our chatbot for an instant case evaluation.