What Exactly Does a Truck Accident Lawyer Do?
If you’ve been in a collision with a truck, a truck accident lawyer can guide you through your legal options, help you navigate negotiations with insurers, and protect your right to compensation.
At Rainwater, Holt & Sexton, our dedicated team of attorneys provides personalized legal support to truck accident victims across Arkansas. We listen carefully to understand the unique challenges you’re facing, and we’re committed to helping you rebuild your life after a devastating truck crash.
Keep reading to learn more about how an experienced truck accident attorney can help after an accident — or contact our team today and tell us your story.
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The Importance of Hiring a Truck Accident Lawyer
The stakes are high when you’ve been involved in a truck accident. Trucking companies have teams of lawyers ready to protect their interests, and insurance adjusters are trained to minimize payouts. Trying to navigate this complex system on your own can be overwhelming and will likely result in a less favorable outcome.
That’s why it’s crucial to have an experienced truck accident lawyer by your side.
Your attorney will know how to build a strong case, negotiate with insurers, and fight to secure compensation for your injuries and damages. By working with a truck accident lawyer, you level the playing field and ensure your rights are protected throughout the legal process.
How Truck Accident Lawyers Can Help Victims
Truck accident lawyers are dedicated to helping injured accident victims and their families after a devastating crash. Here are a few crucial ways a truck accident attorney can support you after a collision.
One of the primary roles of a truck accident lawyer is to offer valuable guidance to victims. From the moment you reach out, they’ll take the time to listen to your story, answer your questions, and explain your legal options. They’ll help you understand your rights and guide you through everything that comes next.
But their support goes beyond just legal advice. Truck accident lawyers understand that you’re going through an incredibly challenging time. A good lawyer will provide a compassionate ear when you need it most, handling the details and deadlines so you can focus on your recovery.
Truck accident attorneys conduct thorough accident investigations to build a strong case. They’ll visit the scene, interview witnesses, review police reports, and consult with experts to reconstruct the events leading up to the crash.
This process often involves delving into the trucking company’s records to uncover any violations of federal or state regulations. Lawyers will examine driver logs, maintenance records, and other documentation to identify any negligence from the trucker or their employer. This evidence is crucial in establishing liability and strengthening your case.
The trucking industry is governed by a web of federal and state regulations designed to ensure the safety of all road users. These rules cover everything from driver qualifications and hours-of-service limits to vehicle maintenance and cargo securement. Violations of these regulations often contribute to accidents and can be used to hold trucking companies accountable.
Truck accident lawyers know how to identify violations and use this knowledge to build compelling cases for their clients. By highlighting the trucking company’s failure to adhere to safety standards, lawyers can demonstrate negligence and improve the chances of securing fair compensation.
If you or a friend has been in a serious accident, you’ll know that dealing with insurance companies after a truck accident can be difficult. Adjusters are trained to protect their bottom line and may use various tactics to minimize your payout or deny your claim. Having a skilled truck accident attorney to handle these communications is essential.
Your lawyer will serve as a buffer between you and the insurance company. They’ll take care of the correspondence, ensuring you don’t inadvertently say anything that could jeopardize your claim. They’ll also negotiate for a fair settlement that covers the full scope of your damages, including medical expenses, lost wages, pain and suffering, and more.
Truck accident lawyers work closely with clients and medical professionals to assess the full extent of their injuries and damages. They’ll help you document all economic losses, such as hospital bills, rehabilitation costs, and lost income. But they’ll also dig deeper to uncover the non-economic impact of the accident, like the pain and suffering you’ve endured, the loss of enjoyment of life, and any emotional distress.
By thoroughly documenting your damages, lawyers can paint a clear picture of how the accident has affected your life. This information is crucial in negotiations with insurance companies and in court, as it demonstrates the true cost of the accident and justifies the compensation you’re seeking.
While many truck accident cases are resolved through settlements, there are times when going to court is necessary. If the trucking company or their insurer refuses to offer a fair settlement, your lawyer will be ready to file a lawsuit and represent you before a judge and jury.
Truck accident attorneys and legal teams use their litigation skills to present compelling arguments for their clients in court. They’ll cross-examine witnesses, present evidence, and fight tirelessly to secure a favorable verdict.
Ultimately, the goal of a truck accident lawyer is to maximize the compensation their client receives. They understand your financial burden and will work diligently to help you secure the payout you need to recover and move forward.
Lawyers will explore every avenue for compensation, from the trucking company’s insurance to your own uninsured/underinsured motorist coverage. They’ll also consider future expenses, such as ongoing medical care or lost earning capacity, to make sure that your settlement accounts for the long-term impact of the accident.
The benefits of a truck accident lawyer aren’t just financial. Knowing you have a skilled legal advocate in your corner can be incredibly reassuring during a challenging time.
By handling the legal aspects of your case, lawyers allow you to focus on what matters most: your health and well-being. You can rest easier knowing that your rights are being protected and that someone is there to advocate for you. With a truck accident attorney by your side, you can face the future with confidence and hope.
Common Causes of Truck Accidents
While every truck accident is unique, certain factors consistently contribute to these devastating crashes. In our years of experience, these are the truck accident causes we’ve encountered most often.
Driver Fatigue and Hours-of-Service Violations
Truck driver fatigue is a leading cause of accidents on our roads. Long hours behind the wheel, tight delivery schedules, and the pressure to meet deadlines can lead truckers to push themselves beyond their limits. When drowsy driving sets in, reaction times slow, judgment becomes impaired, and the risk of an accident skyrockets.
To combat driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has established hours-of-service regulations that limit the number of hours truckers can drive in a day and mandate rest breaks. However, some trucking companies and truck drivers violate these rules, putting everyone on the road at risk. Truck accident lawyers know how to identify and use these violations to demonstrate negligence in court.
Improperly Loaded or Overloaded Trucks
The way cargo is loaded onto a truck can significantly impact its stability and maneuverability. When cargo is improperly secured, or the truck is overloaded, the risk of an accident increases dramatically. Shifting cargo can cause the truck to sway or tip over, while overloaded vehicles require longer stopping distances and are more prone to mechanical failures.
Trucking companies, shipping and loading companies, and their employees are responsible for ensuring that cargo is properly loaded and secured per federal regulations. Truck accident lawyers can hold companies accountable for any resulting accidents and injuries when they fail in this duty.
Poor Vehicle Maintenance
Trucks require regular maintenance to operate safely. When trucking companies or their mechanics fail to maintain these vehicles properly, the consequences can be catastrophic. Worn tires, faulty brakes, and other mechanical issues can lead to accidents that could have been prevented with proper upkeep.
Truck accident lawyers will investigate the vehicle’s maintenance history involved in your crash. If they uncover evidence of neglected maintenance or violations of federal safety standards, they can use this information to build a strong case against the trucking company.
Injured in a truck accident? Call us.
Injuries Commonly Associated with Truck Accidents
The sheer size and weight of commercial trucks mean that accidents involving these vehicles often result in severe injuries for occupants of passenger vehicles. Some of the most common truck accident injuries injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Burn injuries
- Lacerations and disfigurement
- Soft tissue injuries
- Whiplash and other neck injuries
- Post-traumatic stress disorder (PTSD)
If you’ve been involved in a truck accident, seek medical attention, even if you don’t think you’ve been seriously hurt. Some injuries, like whiplash or internal bleeding, may not be immediately apparent. A thorough medical evaluation protects your health and creates a record of your injuries that your lawyer can use to support your claim.
Frequently Asked Questions
Truck accident lawyers thoroughly investigate each accident to determine who is financially liable for an accident. They’ll review evidence from the scene, examine the trucking company’s records, and consult with experts to identify any negligence or violations of safety regulations. By establishing liability, lawyers can seek compensation from the appropriate parties, whether the truck driver, trucking company, or another third party.
The average settlement for a truck accident case varies widely depending on factors such as the severity of the injuries, the extent of property damage, and the degree of negligence involved. Some cases may settle for tens of thousands of dollars, while others can result in settlements or verdicts in the millions. An experienced truck accident attorney at Rainwater, Holt & Sexton can evaluate your case and provide an estimate for your recovery.
Truck accident lawyers can help you recover a variety of damages, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in cases of gross negligence or intentional misconduct)
Your lawyer will work with you to document your damages and fight for a settlement or verdict that fairly compensates you for your losses.
Many truck accident lawyers, including those at Rainwater, Holt & Sexton, work on a contingency fee basis. This means that you don’t pay any upfront fees or costs. Instead, your lawyer will receive a percentage of any settlement or verdict they secure on your behalf. If they don’t win your case, you don’t owe them anything. This arrangement allows truck accident victims to access high-quality legal representation without worrying about the cost.
The deadline for filing a truck accident claim, known as the statute of limitations, varies by state. In Arkansas, you generally have three years from the accident date to file a lawsuit. However, these rules have some exceptions, so it’s essential to speak with a truck accident lawyer as soon as possible to protect your rights.
The timeline for resolving a truck accident case depends on various factors, including the complexity of the case, the severity of the injuries, and the willingness of the trucking company or their insurer to negotiate a fair settlement. Some cases may be resolved in months, while others can take a year or more to conclude.
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