How To Win A Semi Truck Accident Lawsuit

In this article, we will delve into 8 essential steps for a successful truck accident claim. One of the most effective moves you can make is to enlist the services of a seasoned Georgia truck accident attorney.

Hiring a lawyer means you won't have to navigate the claims process alone; your attorney will advocate for your legal rights and fight diligently for the maximum financial compensation to which you're entitled.

1. Seek Immediate Medical Assistance

The foundation of any car or semi truck accident lawsuit rests heavily on your medical treatment records.

During the course of your truck accident personal injury claim, you will inevitably provide your medical records to the legal counsel of the trucking company as part of your settlement request.

If you delay or fail to follow recommended medical treatment, the trucking company's insurance provider may question the seriousness of your injuries or the legitimacy of your claim.

2. Gather Evidence at the Accident Scene (If Possible)

After a collision, the trucking company is promptly alerted to the accident, often before the driver even exits the vehicle.

A member of their "Go Team" will swiftly arrive at the scene to take possession of the vehicle. In a matter of hours, the commercial truck may be towed significant distances, and critical evidence could be lost when the vehicle is declared a total loss or repaired.

Capturing photo or video evidence at the scene can provide indisputable documentation of your accident. If you contact an attorney soon after an accident, they can assist in preserving this vital evidence.

3. Establish Negligence

Succeeding in a personal injury settlement hinges on the ability to prove the other party's negligence. While the negligence of a truck driver may be evident in some cases, many accidents lead to disputed liability.

Utilizing experts in various aspects of your case can establish the liability of multiple parties, including the truck driver, the trucking company, cargo loading/shipping firms, the truck's manufacturer, mechanics responsible for the truck's repair, government agencies overseeing road maintenance, and even other vehicle drivers.

Some victims of trucking accidents are hesitant to file claims due to perceived partial fault. It's important to note that Georgia follows a modified comparative fault system, allowing claims as long as you are less than 50% responsible.

4. Establish a Causal Link Between the Accident and Your Injuries

While it may seem self-evident, proving the connection between your trucking accident and your injuries is paramount.

Insurance companies often make causation arguments, especially in court. If you had any preexisting injuries at any point, the insurance company may argue that your injuries were caused by factors unrelated to the truck driver or the trucking company.

Your medical treatment records serve as the cornerstone of your claim and can help establish the extent of your injuries, the anticipated future medical needs, and the time required for recovery.

5. Demonstrate the Full Extent of Your Damages

Your damages include medical expenses, lost earnings, and pain and suffering.

In cases of severe injuries, the compensation you receive in your semi truck accident settlement will significantly impact your quality of life.

In situations where catastrophic injuries result in permanent disability or death, no amount of money can truly compensate for these losses. At The Graham Firm, we collaborate with leading damages experts to illustrate the comprehensive impact of an injury, encompassing physical, mental, emotional, and financial aspects.

6. Engage in Negotiations for a Settlement

Negotiation is a critical part of the process, involving communication between your truck accident attorney and the opposing party's legal counsel. This phase typically commences once your injuries have healed and your condition has stabilized.

Your attorney initiates the process with a written demand letter, presenting evidence of the accident, itemizing the expenses incurred, and specifying the sought-after compensation amount. Negotiations may involve back-and-forth discussions regarding different elements of the claim or the requested amount.

Without a proficient truck accident attorney, an insurance company may insist that their settlement offer is final, potentially pressuring you to accept it. Having a lawyer signals to the insurance company that a lowball offer will be rejected, especially if your case is being prepared for trial.

7. Pursue Litigation if Necessary

The majority of personal injury claims are settled outside of court because trials involve risk and substantial costs. In most cases, reaching a settlement is in the best interest of both parties.

However, there are scenarios where taking your case to court becomes the only means of achieving justice. An experienced truck accident attorney with the resources and readiness for trial will convey to the trucking company that a fair settlement must be offered, or a judge and jury will determine equitable compensation in court.

8. Retain the Services of an Experienced Semi Truck Accident Attorney

It is unquestionably advantageous to have a skilled Georgia personal injury attorney representing your interests. The trucking company's insurance provider is primarily focused on minimizing costs and resolving your semi truck claim as swiftly as possible.

A lawyer with a profound understanding of the complexities of truck accidents and the relevant Federal Motor Carrier Safety Administration regulations can champion your claim for the best possible outcome.

Frequently Asked Questions (FAQs)

What is a credit score, and why is it important?

A credit score is a numerical representation of your creditworthiness, indicating how likely you are to repay borrowed money. Lenders use it to assess your eligibility for loans, credit cards, and other financial products. A higher score can result in better interest rates and credit options.

How is my credit score calculated?

Credit scores are typically calculated based on various factors, including payment history, credit utilization, length of credit history, types of credit accounts, and recent credit inquiries. Each credit bureau (Equifax, Experian, TransUnion) may use slightly different formulas.

Where can I check my credit score for free?

You can access your credit reports for free from AnnualCreditReport.com once a year from each of the three major credit bureaus. Many financial websites and apps also offer free credit score monitoring services, but be cautious of any hidden fees.

How often should I check my credit reports?

It's a good practice to review your credit reports at least once a year to check for errors or discrepancies. You might consider more frequent monitoring if you're actively working on improving your credit or are a victim of identity theft.

How long do negative items stay on my credit report?

Negative items like late payments, bankruptcies, and collections typically remain on your credit report for seven to ten years, depending on the type of item. Positive information, on the other hand, can stay on your report indefinitely.

Can I improve my credit score?

Yes, you can improve your credit score by making on-time payments, reducing credit card balances, avoiding new credit inquiries, and maintaining a mix of credit accounts. Over time, responsible financial behavior can positively impact your credit score.

Will checking my own credit report hurt my score?

No, when you check your own credit report or score, it's considered a soft inquiry, which does not affect your credit score. Hard inquiries, which occur when lenders check your credit for lending decisions, can impact your score.

How can I dispute errors on my credit report?

To dispute inaccuracies on your credit report, contact the credit bureau reporting the error in writing, providing supporting documentation. The bureau will investigate the dispute and make corrections if necessary.

What is a good credit score?

Credit scores typically range from 300 to 850. A good credit score is often considered to be 700 or higher, although specific score requirements may vary among lenders and financial institutions.

Can I build credit without a credit card?

Yes, you can build credit through alternative means, such as taking out a small personal loan, being added as an authorized user on someone else's credit card, or using a secured credit card. These options can help establish or improve your credit history.