Trucking accidents are among the most devastating motor vehicle crashes on the road. Due to the size and weight of commercial trucks, these collisions often result in catastrophic injuries, significant property damage, and even fatalities. If you or a loved one has been involved in a trucking accident, understanding how a trucking accident claim works is essential to protecting your rights and pursuing fair compensation. Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law to schedule your consultation!
1. The Investigation Phase
The trucking accident claims process typically begins with an in-depth investigation. Unlike standard car accidents, trucking crashes involve multiple parties and layers of liability. These may include the truck driver, the trucking company, the cargo loader, maintenance contractors, or even the truck manufacturer.
Key evidence includes:
- The truck’s black box (event data recorder)
- The driver’s logbook and hours of service records
- Dashcam or surveillance footage
- Police accident reports
- Witness statements
- Maintenance and inspection records
Because critical evidence can be lost or destroyed quickly, it’s crucial to involve our lawyers in Greensboro, NC early to send a spoliation letter—a legal request to preserve all relevant documents and electronic data.
2. Determining Liability
In most trucking accident claims, determining fault is not straightforward. The truck driver may have been fatigued, distracted, intoxicated, or speeding. However, the trucking company could also be liable for:
- Encouraging illegal driving hours
- Poor hiring or training practices
- Negligent vehicle maintenance
Other potential liable parties might include cargo companies (for improper loading), or manufacturers (for defective parts). Because of this complexity, an experienced trucking accident attorney will work to identify all potentially responsible parties to maximize your claim.
3. Filing the Insurance Claim
Trucking companies are required to carry substantial insurance policies, often in the millions of dollars. Once liability is investigated, your attorney will file a claim with the at-fault party’s insurance company, providing documentation of:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Future medical care or disability costs
Insurance companies often attempt to settle quickly for a low amount. It’s critical not to accept any offer without legal advice, as once you settle, you waive your right to pursue further compensation.
4. Negotiation and Settlement
Most trucking accident claims are settled out of court through negotiations. Your attorney will present a demand letteroutlining your damages and the legal basis for liability. From there, the insurance company may agree to a fair settlement, make a counteroffer, or deny liability.
5. Filing a Lawsuit (If Necessary)
If a settlement cannot be reached, your attorney may file a lawsuit. This moves the claim into litigation, where both sides exchange evidence in discovery, possibly go through mediation, and—if no resolution is reached—proceed to trial.
Conclusion
Trucking accident claims are far more complex than standard car accidents. The involvement of commercial vehicles, multiple liable parties, federal regulations, and large insurance policies make it vital to work with an attorney who specializes in trucking accident litigation. With the right legal guidance, you can pursue the compensation you deserve while focusing on your recovery.