How Does a Truck Accident Lawsuit Work?

 Posted on August 11, 2022 in Truck Accidents

You may already know that commercial trucking companies and truck drivers are held to especially high legal standards. If someone is hurt or loses a loved one in a crash involving a commercial truck, they may be able to file a lawsuit and recover monetary damages. However, many truck accident victims fail to take legal action because they are unsure of how the truck accident injury claim process works. The idea may seem too confusing and overwhelming to even consider.

The good news is that victims of truck crashes do not have to handle everything on their own. Personal injury lawyers provide step-by-step legal guidance for these types of situations. This blog will explain the main components of a truck accident claim so you can better understand your rights and options.  

Steps in a Commercial Truck Crash Injury Claim

It is important to understand that truck accident injury cases vary depending on the state laws, circumstances of the crash, the at-fault party, and other factors. However, many truck crash injury claims follow a similar pattern:

• The injured party meets with a lawyer – In an initial consultation with an attorney, an injured party (or a deceased party’s representative) will discuss the truck crash and resulting injuries and begin to strategize.
• The lawyer collects information and evidence – Any injury claim is only as strong as the evidence supporting the claim. Personal injury attorneys will gather witness statements, traffic camera or dash camera footage, truck EDR data, medical bills, and other evidence needed to prove fault and demonstrate how the truck crash caused the victim’s damages.
• Lawyer sends a demand for compensation – The attorney will send a formal letter to the liable party’s attorney or insurance company asking for compensation for the victim’s damages. The party may deny the claim or try to make a lower counteroffer.
• Settlement negotiations – The injured person’s lawyer and the insurance company may be able to reach a settlement through negotiation. However, some at-fault parties simply refuse to pay what the victim deserves. If no settlement is reached, the next step is to sue the at-fault party.
• Filing a truck accident lawsuit – Sometimes a lawsuit is brought after settlement negotiations have failed and sometimes a lawyer brings a lawsuit at the beginning of the case. There is typically a two-year statute of limitations for personal injury claims in Illinois so any lawsuit must be brought within this timeframe.
• Discovery – The discovery process is the information-gathering state of the lawsuit. Injury lawyers often use depositions, subpoenas, and requests for production to gather information necessary in the case.
• Settlement or trial – There is still a chance that the case will settle after a lawsuit is filed. Most trucking companies want to avoid going to trial, so they may eventually offer a reasonable settlement that covers the full extent of the victim’s damages. However, if there is no settlement, the case goes to trial. During a trial, both sides are given a chance to present their cases to the judge. A judge or jury will make the final determination.

Contact a Rockford Truck Accident Lawyer

The Winnebago County personal injury attorneys at Mannarino & Brasfield, A Division of Schwartz Injury Law have secured many favorable settlements and awards for injured clients – including a $1.2 million settlement for a man killed in a semi-truck crash. Call our office at 815-215-7561 for a free consultation to learn more.

Source:

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/