Truck Accident Attorney

How a Lawyer Can Help With Your Truck Accident Case

After an accident, you are likely dealing with the stress of physical pain and financial worries about medical bills and car repairs. Trying to juggle these concerns, your daily tasks, and the legal process of a truck accident claim can be overwhelming. By allowing a lawyer to take on your case, you relieve yourself of the legal burden.

Your lawyer can:

• Investigate the accident to establish negligence and determine all liable parties
• File paperwork accurately and submit it within any legal deadlines
• Negotiate with insurance companies
• Represent you in court (when necessary)

The Goldwater Law Firm practices The Gold Standard of Injury Law. We know that clients are facing an enormous challenge and deserve dedicated and empathetic legal representation. We connect you with a law firm partner who will be with you through every step of the legal process.

What Compensation Can Be Recovered in Truck Accident Cases?

Truck accident injuries can have lifelong impacts. Our law firm partners help with the following injuries and more:

• Spinal cord injuries
• Injuries to internal organs
• Broken bones
• Lacerations
• Burns
• Traumatic brain injuries

Your lawyer may seek compensation for your injury-associated losses, such as:

Medical Expenses

Your injuries will likely require medical treatment. You may be able to recover compensation for past, present, and future expenses related to your injuries. These costs may include:

• Surgeries
• Emergency medical care
• Doctor appointments
• Diagnostic testing
• Medication
• Physical or rehabilitative therapy

Job Losses

Your injuries may cause you to miss an extended period of work or take away your ability to work entirely. In both cases, you may qualify for compensation to cover things like:

• Lost wages
• Loss of job benefits
• Diminished earning capacity

You may also qualify for compensation if your injuries require you to take a lower-paying job or work fewer hours.

Other Economic Losses

The accident may affect your life in many ways, and the compensation you recover should reflect that. Losses like these may be compensable:

• Property damage, such as needing to repair or replace your vehicle
• Long-term care or assistance
• Home modifications (e.g., widening doorways, installing a wheelchair ramp or stairlift)
• Mobility aids
• Mileage and gas for going to and from medical appointments

Non-Economic Losses

The physical and emotional trauma of an accident can significantly alter your life. In addition to direct financial losses, compensation may cover losses that do not have a direct cost. These include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of quality of life

Wrongful Death Damages

In 2022, according to the National Safety Council, over 5,900 people passed away in large-truck crashes. If a loved one passed away because of a truck accident, please accept our deepest condolences for your loss. Compensation can help relieve the financial burden of a loved one’s passing, and you may qualify to recover:

• Loss of your loved one’s financial support
• Loss of companionship
• Pain and suffering
• Medical expenses related to their injuries and end-of-life care
• Funeral expenses
• Burial or cremation costs

A lawyer will fight to recover compensation for all your losses. Contact The Goldwater Law Firm today to take the first steps towards fair compensation.

Who Is to Blame After a Truck Accident?

Accidents involving commercial vehicles can happen due to many factors. Determining who is liable is an essential component of pursuing compensation. Potentially liable parties may include:

• Truck drivers
• Trucking companies
• Manufacturers of trucks or parts
• Mechanics
• Government entities
• Other drivers

To prove that a party is liable, your lawyer will need to establish that negligence has occurred. Below, we’ll explain how they do this.

Establishing Negligence in Truck Accident Cases

Four elements define negligence. Your lawyer must prove each element for you to recover compensation. These elements are:

• Duty of Care: This is the legal responsibility of one party toward others. For example, a truck driver has a duty to keep others on the road safe by following traffic laws.
• Breach of Duty of Care: Any careless or reckless action that could endanger others could constitute a breach of duty. An example could include a trucking company hiring an unqualified driver.
• Causation: The careless action directly led to the accident. For example, a truck driver speeding and not having enough time to stop at a red light led to a T-bone collision.
• Damages: You have direct losses from the accident, such as injuries, medical bills, or lost wages.

To establish negligence, your lawyer may:

• Interview witnesses, such as other drivers or passengers
• Gather evidence such as surveillance footage, black box data, police reports, driving logs, and maintenance records
• Consult with experts, such as an accident reconstructionist or an expert in trucking industry standards

Because the trucking company likely has most of the evidence you need, your attorney will draft a spoliation letter, requiring it to preserve and hand over specific evidence.

When they have gathered and analyzed the evidence, your lawyer will be able to determine all liable parties and establish whether they were negligent. In some cases, a trucking company may not be directly negligent but can still be vicariously liable because of the actions of its employees.

What Laws Affect Truck Accident Cases?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. Regulations include requirements for drug and alcohol testing, as well as hours of service limitations. If your lawyer can prove that these regulations were not followed, it can help to establish negligence.

In addition to federal regulations, every state has its own:

• Insurance requirements
• Statute of limitations, which sets a deadline for personal injury lawsuits
• Negligence laws

Choosing a lawyer familiar with local laws is important, which is why we work with some of the largest and most successful law firms in every state. Contact The Goldwater Law Firm to get connected with legal representation today.

What Should You Do After an Accident?

Protecting your health and preserving your legal right to compensation are important to your well-being. Below are some steps to take that can safeguard both:

Seek Medical Attention

Early diagnosis and treatment of catastrophic injuries, such as those to the spine, significantly improve the chances of recovery. If you believe you have injured your spine or head, try to move as little as possible until a medical professional can assess you.

If you do not receive emergency medical care, make an appointment with your doctor as soon as possible. They will be able to diagnose your injuries and create a treatment plan.

Call the Police

It is often a legal requirement to report accidents when injuries, death, or property damage are above a certain amount. Reporting the accident can also establish that it occurred and prevent a “he said, she said” situation later.

A police officer at the scene will write a detailed crash report highlighting their analysis of the accident and information like witness contact information and evidence collected. This report can be a vital piece of evidence.

Document the Accident

If you can, take photos of the accident scene. Try to include property damage and the area surrounding the accident itself. You should also take photos of any visible injuries you have.

You can also document the effects of the accident by keeping track of any bills or receipts related to the accident and your injuries.

Affording a Personal Injury Attorney

Between medical bills and other financial pressures due to the accident, affording legal help may seem out of reach. However, most personal injury lawyers work on a contingency fee basis. Under this fee system, clients do not typically pay upfront costs. Instead, they only pay their lawyer’s fees if compensation is recovered.

The lawyer’s fees are then deducted from the final settlement you receive. Using this fee system allows anyone to access legal representation without regard to their financial situation.