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The legal process can seem overwhelming and confusing when you’ve been involved in an 18-wheeler accident.
From filing a claim to navigating court proceedings, knowing what to expect during a lawsuit and how to prepare for the proceedings properly is essential.
To ensure you receive the compensation you deserve, you shouldn’t waste any time filing insurance claims and finding a legal professional to represent you. With that in mind, this blog post is designed to help you understand what to expect during the legal process and how to protect your rights.
The legal experts at David W. Starnes Attorney At Law aim to help you demystify personal injury claims and put your accident behind you as quickly as possible.
18-Wheelers Accidents and the Relevant Laws
18-wheeler accidents are some of the most devastating and complex accidents on our nation’s roads.
When you or a loved one is involved in an accident with an 18-wheeler, it’s important to know that the legal process can be complicated and time-consuming. An experienced personal injury attorney can help you navigate the process and fight for the compensation you deserve.
During an 18-wheeler accident lawsuit, you can expect your attorney to handle all aspects of your case, including gathering evidence, interviewing witnesses, filing court documents, and representing you in court.
You should also expect to provide information about your accident and injuries to your attorney and the court. This entire process can take months or even years to complete.
While it may seem daunting, it’s important to remember that you’re not alone in this process. An experienced personal injury attorney will be by your side every step of the way to ensure you receive the appropriate compensation for your injuries.
The Legal Process of An 18-Wheeler Accident Lawsuit
Gather Evidence and Analyze the Situation
The first step is to gather supporting evidence and analyze the situation. You’ll need to collect any police reports, medical records, and eyewitness accounts that can help establish what happened and who was at fault.
Once you have this information, you’ll need to sit down with your attorney to discuss your options and decide whether filing a lawsuit is right for you.
File a Personal Injury Claim
When a case is to be made for your accident, you can proceed with the filing process. This is where you’ll request compensation for your injuries and damages. The insurance adjuster will investigate the accident and determine how much the company is willing to pay out.
Your case will go to trial if you can’t reach a settlement. This can be a lengthy and expensive process, but it’s sometimes necessary to get the compensation you deserve.
Going to Court
If you’ve suffered serious injuries in an 18-wheeler accident, you’ll likely need to go to court to receive full compensation for your damages. This is because most insurance companies are unwilling to pay out large settlements without a fight.
Even if the at-fault driver is willing to accept responsibility for the accident, their insurance company may not be as cooperative.
This begins by filing a complaint with the court. This is where you state your case and what you’re asking for in terms of damages. Once the complaint is filed, the other party will have a period to respond.
The next step is discovery, where both sides exchange information about the accident. This phase can take several months, depending on the severity of the situation and how much evidence needs to be examined.
After discovery, both sides will have a chance to present their case at a trial.
During the trial, a judge or jury will hear testimony from both sides and review the evidence presented by both sides. They will then make a decision about who is liable for the accident and how much in damages should be awarded.
Factors that Determine the Outcome of An 18-Wheeler Lawsuit
The Type of Accident
One of the first things that will be determined during an 18-wheeler accident lawsuit is the type of accident that occurred.
There are three main types of auto accidents:
- Rear-end collisions
- Head-on collisions
- Side-impact collisions
Each type of collision has its unique set of circumstances that need to be considered during the lawsuit.
Rear-end collisions are the most common type of -wheeler accident. They typically occur when an 18-wheeler follows another vehicle too closely and rear-ends them when they stop or slow down.
Head-on collisions are much less common but can be very serious because of the high speeds involved. They usually happen when a vehicle crosses over the center line into oncoming traffic.
Side-impact collisions are also relatively rare but can be very dangerous because they often involve an 18-wheeler T-boning another vehicle.
Degree of Injury
To win an 18-wheeler accident lawsuit, you’ll need to prove that the other driver was at fault and that you suffered damages due to their negligence.
The degree of your injuries will play a significant role in determining the amount of damages you can recover.
When you have suffered serious or permanent injuries, you may be able to recover compensatory damages for your pain and suffering, lost wages, and medical expenses. If the other driver was particularly reckless or careless, you may also be able to recover punitive damages.
Finding the Right Attorney for Your Lawsuit
It’s essential to find an attorney who has experience with 18-wheeler accidents. These cases can be more complicated than most auto accidents, so it’s crucial to have an advocate who understands the unique aspects of these types of situations.
The attorney you choose should also be someone you feel comfortable working with. This person will be your guide through a complicated process, and it’s vital that you feel like you can trust and communicate with them effectively.