Being involved in an accident with a commercial truck can be a confusing and frightening experience. Not only are victims usually seriously injured, they may be facing an uphill battle trying to obtain compensation from an insurance company with a team of lawyers ready to defend against any claim. As experienced truck accident lawyers, there are certain questions that we consistently hear when clients come to us for help. Here are some answers to the most common of them.
Not surprisingly, one of the first questions that victims ask is whether they will be able to recover compensation for their losses. Broadly speaking, people who are hurt in accidents are legally entitled to compensation if they can show that their accident was the result of someone else’s legal negligence. Negligence in truck accident cases can take a variety of forms, including speeding, distracted driving, following too closely, drunk or drugged driving, and driving too fast for weather conditions, just to name a few.
If you can show that someone else was at fault for your accident, that party will generally be liable for any losses that you have sustained. In practice, this means that a truck driver or a trucking company’s insurance company will offer you a settlement that is intended to approximate what your case would be worth at trial. If liability is contested, however, you may need to case your court. If you were at fault for your accident, you can pursue recovery from your insurance policies.
While it is impossible to know whether your case will go to trial until it is officially resolved, it is important to understand that the vast majority of accident cases are settled out of court, sometimes before a lawsuit is even filed. This is because liability is often conceded, which means that the only issue that needs to be resolved is how much the insurance company will pay to the victim.
When some truck accident victims learn that their case may not go to trial, they question why they need to retain a lawyer to represent them at all. It is critical to understand that attempting to negotiate your settlement yourself will put you at a distinct disadvantage. First of all, most truck accident victims have no idea what their case would be worth if it went to trial, which means that you will likely have no starting point in your negotiations. Secondly, it is highly unlikely that a person without legal training would be able to effectively represent himself or herself at trial against seasoned insurance defense attorneys, making the prospect of litigating your case very remote – which further weakens your bargaining position. By hiring an attorney early in the process, you will protect your legal rights and make sure that you get the truck accident settlement that you deserve.
Many victims are concerned about the costs associated with legal representation. If you fall within this group, we have some good news: we will not charge you a dime unless we recover compensation on your behalf. All of our truck accident lawyers take their cases on a contingent fee basis, which means that we only get paid unless you do. Best of all, we will meet with you and evaluate your case for free. If you do have a case, you are under no obligation to retain us to represent you after your initial consultation.
If you have been hurt in an accident involving a commercial truck, you should contact an attorney as soon as you can. To speak with a member of our team, call us today at 313-438-4357 or contact us online.
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