Commercial trucks can weigh anywhere from 11,500 pounds to 35,000 pounds. When they get into an accident with a 3000 pound passenger car the motorist generally doesn’t stand a chance.
You might think this means that it’s easy to win truck accident cases. Trucking companies have plenty of money and good insurance policies. Surely they’d want to do the right thing and compensate you for your injuries?
In reality, nothing could be further from the truth. You can expect trucking companies to fight hard to avoid having to pay you one cent more than they have to. The team at Tony Merchant and Associates is here to help you hold them accountable so you can get compensation for your lost wages, medical bills, pain, and suffering.
You’ll need to file a claim. While you can attempt to do this yourself, the best way is to hire an expert truck accident attorney to handle the claim for you. That way you don’t make any mistakes while you’re dealing with the insurance company.
Once you’ve hired an attorney, the process of discovery begins. During the discovery process, your attorney will be gathering evidence and deposing witnesses. Everything a deposed witness says is on the record, so these depositions give both sides a good way to test the strength of each other’s cases.
The process of discovery is especially important in truck accident cases. Commercial truckers are held to much higher standards than motorists are. Your attorney must understand how laws, regulations, and industry norms apply to their duty of care and must be able to use that information to your advantage.
For example, many trucking companies will try to escape liability by claiming their driver was an independent contractor and thus out of their control. An examination of driving logs and time sheets can help show whether the driver truly meets the “independent contractor standard.”
Another example is diving deep to discover whether or not the trucker who hit you had been on the road for too long. Many trucking companies all but force their employees to violate Federal law in regards to how long they may be driving. An experienced trucker can not only secure the logs but can detect the signs that the logs have been falsified.
These are just a few examples of places an experienced attorney can look to begin ensuring that truckers are held accountable. In a truck accident case the facts go far beyond the specific incident on the road.
Even as your attorney investigates, you’ll be healing. When you reach maximum medical improvement (MMI) we’ll know how much your medical bills are, what your long-term care needs are, how much money you lost out on at work because you were recovering, and whether you’ll be able to return to work in the future.
We’ll be able to use this information to help craft a reasonable settlement offer and can begin the negotiation process in earnest. 92% of the time truck accident cases settle out of court.
If the trucking company can’t or won’t settle, then the matter may move on to litigation. Fortunately, each and every one of our attorneys is a fierce litigator who isn’t afraid to battle out your case in court.
Tell them that you’re in the process of retaining an attorney and that your attorney will be in touch. You do not have to talk to the trucking company. If you do choose to talk to them, be very careful what you say. Certain statements will be used against you.
You should also decline to sign anything, or to accept any money, before you’ve spoken to an attorney. They may offer a settlement right away, but it won’t be enough to cover your expenses. They usually start with a paltry sum. If you accept it, you’ll never be able to recover more money on your claim.
We have over 30 years of experience with truck accident cases. We’ve helped hundreds of people just like you get compensation for their injuries.
Book a no-obligation case consultation today. Click here to get started.