What Can a Lawyer Do After a Truck Crash That You Can’t?

Legally Reviewed and Edited by: Terry L. Cochran

91% of plaintiffs who hire an attorney for their personal injury claim recover compensation compared to only 50% for those who represent themselves, according to Nolo. Why such a big difference?

A truck accident lawyer has the skill, experience, and tools to handle a personal injury case. They know how to gather evidence, calculate compensation, negotiate with insurance companies, and prove liability.

They are also familiar with complex aspects of the law that you might not be aware of, including federal and state provisions that affect your claim. Read on to learn more about what a truck crash lawyer can do that you probably can’t.

1. Understanding the Complexity of Truck Accident Cases

Commercial vehicles operate under a set of federal and state regulations. These regulations are complex, yet necessary to understand when filing a claim for a commercial truck crash, as they help determine liability.

Truck accident attorneys understand these laws and the complexities they introduce to your truck accident claim. They also understand the legal landscape of a truck accident claim and can offer effective legal advice for truck injury victims.

Jurisdiction is another element that adds complexity to truck accident cases. Depending on who the victims are, which state they reside in, and the amount of damages, truck accident cases can fall within the jurisdiction of the federal court.

This creates another complex layer that you may be unable to navigate without the assistance of an experienced attorney.

2. Dealing with Insurance Companies

Dealing with insurance companies is a minefield that many victims of truck accidents fall prey to, especially when working without a lawyer. A truck crash lawyer, on the other hand, understands these pitfalls and the common tactics insurance companies use.

They also have a realistic view of claim negotiation timelines. They can identify a low-ball offer, insurance attempts to coerce a quick settlement, or when the insurance company is stalling for time. In addition, they can identify and take the necessary steps to protect you in case the insurance company acts in bad faith.

Channeling all communication about the accident through your truck accident lawyer remains the best way to protect your interests and ensure fair compensation.

If you must speak with an insurance company yourself, ensure that your attorney is present to guide you through the process.

3. Proving Liability and Fault

Proving liability and fault is the hardest but most important part of a truck accident claim. Part of proving liability is understanding the legal elements of negligence in Michigan and federal and state laws regulating the maintenance and operation of commercial vehicles.

Attorneys who deal with truck crashes are familiar with these regulations and personal injury laws. Therefore, they are more capable of identifying the party (or parties) liable for the truck accident.

In most cases, truck accidents will have more than one liable party. This means that you have to go after each party, determine why they are at fault, and what they are responsible for.

As part of establishing fault and liability, attorneys begin by collecting and preserving crucial evidence, keeping in mind timelines that may affect discovery. They do this by sending legal notices and requests for information such as truck maintenance records.

Your attorney also has access to accident reconstruction experts who can recreate a commercial vehicle crash to help identify what could have happened and the person at fault. In addition to expert witnesses, they can gather testimony from witnesses at the crash site to strengthen your case.

4. Handling Paperwork, Deadlines & Legal Procedures

Truck accident claims must follow certain legal procedures, part of which include correctly filling in paperwork and submitting it within the required deadlines. One of the deadlines is the statute of limitations, which is usually three years for truck accidents.

However, the statute of limitations may vary depending on the circumstances of the accident and injury. For example, if a loved one dies in a truck accident, you have two years to file a wrongful death claim.

In addition to the statute of limitations, your case may be subject to other notice requirements depending on who the defendant is. For example, if you are filing a claim against the government under the Federal Tort Claims Act (FTCA), you must submit paperwork for your claim within two years of the accident.

Truck crash lawyers are also familiar with court procedures and conduct. They know how to file a claim, serve the defendants, present evidence, and provide supporting documents for the case.

This knowledge makes it easier for them to navigate the court system when dealing with your truck accident claim – something you might not be capable of doing alone.

5. Fighting for Fair Compensation

Working with an attorney could be the difference between obtaining fair compensation and shouldering the financial burden of a semi-truck crash alone. Plaintiffs who work with attorneys recover 3 times more than those who represent themselves, thanks to the expertise truck accident attorneys bring.

In most cases, insurance adjusters offer a low settlement amount, hoping you may settle as soon as possible. Attorneys know how insurance companies work. Therefore, they can tell when a settlement offer is inadequate to cover your damages. They also have the patience and knowledge to navigate the negotiation process, which can last months, especially in cases involving significant claims.

Your attorney’s familiarity with the law also makes it easier for them to calculate your damages to ensure you’re asking for the right amount. As part of the paperwork when filing a claim, you’re required to indicate the amount you’re claiming.

This figure is based on calculating your current and future medical costs, lost wages, lost earning potential, and emotional distress. An attorney experienced in personal injury claims knows what factors to consider when calculating the settlement amount.

For complex cases that involve future damages, for instance, if you sustained long-term disability from the accident, your attorney can coordinate with economic experts to calculate your compensation.

Since it costs money to file and pursue a claim after a truck accident, you may struggle to cover your legal fees when working alone. However, truck accident attorneys work on contingency, meaning you only pay when you receive a settlement. Such an arrangement makes it easy to pursue fair compensation after a truck accident without worrying about legal fees upfront.

Another advantage that truck accident attorneys bring to your case is their trial experience. Even if you’re confident about negotiating with insurance companies, you may want to leave a court trial to an experienced attorney.

While a trial presents an additional opportunity to resolve your truck accident claim, it also opens up new pitfalls that could affect the compensation you receive. Therefore, working with an attorney who has trial experience can help you obtain fair compensation for your personal injury claim.

Find a Truck Accident Attorney in Michigan

If you or someone you love has had their life changed by a truck accident, get the legal representation you need. Speak with our compassionate, knowledgeable truck accident lawyers at Cochran, Kroll, & Associates, P.C.. We can review your case, guide you through the claims process, and draft an impactful victim impact statement for your truck accident case. Contact us today for a free, no-obligation consultation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-642-4529 and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.