What to Expect During Your Delaware Truck Accident Claim
Truck accidents are not like regular automobile collisions; they are another beast entirely. The circumstances of a semi-truck or 18-wheeler accident grow far more complex. You deal with big, heavy trucks and sophisticated insurance firms. It’s easy to become overwhelmed. However, understanding what to expect from your truck accident claim can help you control the process.
A tractor-trailer or big rig wreck can cause life-changing injuries, and navigating the legal side of things often feels like a whole other battle. The good news is that you don’t have to go it alone. From gathering evidence to figuring out who’s at fault, a lawyer with experience in semi-truck accident claims can help you understand your options and fight for your rights.
Understanding the complexity of truck accidents
Truck accidents are not your average car crashes. The size and weight of a big rig or semi-truck make these collisions far more dangerous. And unlike a regular car accident, you might be dealing with multiple parties, like the truck driver, the trucking company, and even third-party contractors. The legal process is much more involved, and securing compensation can be difficult without understanding the nuances of truck accident law.
The importance of evidence in truck accident claims
One of the biggest factors in your truck accident claim will be the evidence. This is where things can get tricky. For example, tractor-trailer accidents often require access to the truck’s black box data (the EDR – event data recorder). This device tracks the truck’s speed, braking, and other key information leading up to the crash. Without this evidence, it’s tough to prove what happened.
Don’t forget the truck driver’s logs either. In many semi-truck accidents, the driver might be fatigued or overworked, both of which are key factors in determining fault. For a successful claim, you need to move fast. The trucking company could be actively trying to hide evidence or destroy critical data. This is why it’s so important to get a lawyer involved as soon as possible. The importance of evidence in truck accident claims cannot be overstated. Missing pieces of evidence could seriously hurt your case.
Investigating the cause of the crash
The next step is investigating the cause of the wreck. Was it the driver speeding? Did they fail to follow safety regulations? Was the truck properly maintained? These are all critical questions that will help determine liability. A truck accident lawyer will help gather the necessary documentation to figure out who or what caused the crash.
In Delaware, trucking companies must adhere to safety guidelines, but unfortunately, they don’t always follow the rules. Whether it’s the driver’s negligence or a failure on the company’s part to properly maintain their vehicles, you’ll need to prove who is responsible for the crash. It’s a lot of work, and it requires knowledge of trucking laws and access to the right evidence. This is why having a lawyer with experience handling semi-truck accident claims is crucial.
Who is liable for a big rig crash?
So who’s at fault in a big rig accident? It’s not always straightforward. It could be the truck driver’s fault, but it could also be the fault of the trucking company, a third party like a maintenance contractor, or even the manufacturer of the truck’s parts.
Delaware law allows for comparative negligence, meaning if you were partly responsible for the crash, you might still be entitled to compensation. This is another reason why having a lawyer by your side can make all the difference. A skilled attorney will be able to argue your case effectively and help you secure the compensation you deserve.
Working with a lawyer
When you’re dealing with a truck accident lawsuit, you want to ensure that you have the right lawyer in your corner. Don’t assume that the trucking company or its insurer will treat you fairly. They’ll often try to minimize the claim, offer you a low settlement, or even deny your case altogether. An experienced attorney will know how to deal with the insurance companies and fight for a fair settlement.
A truck accident lawyer can also help gather all the necessary evidence, speak to experts, and investigate the truck driver and the company’s history. They can take the lead on filing your claim, negotiating with insurers, and, if necessary, pursuing the case in court.
What to expect in terms of compensation
If you’ve been injured in a semi-truck accident, you might be wondering what kind of compensation you can expect. The answer depends on the specifics of your case, like the severity of your injuries and whether you’ll need ongoing medical care.
Generally, compensation can cover medical bills, lost wages, pain and suffering, and in some cases, punitive damages. If your injuries are severe, you could be entitled to a large settlement, especially if the trucking company’s negligence caused the crash. For example, if the driver was fatigued or impaired, your case may warrant higher compensation.
The process of getting a settlement isn’t always quick. In many cases, truck accident claims can take months or even years to resolve. However, having an experienced lawyer to guide you through the process can make a significant difference in how long it takes and how much you receive.
Take the next step: Secure the compensation you deserve
A truck accident can turn your life upside down. The aftermath is often confusing and stressful, especially when a big rig, semi-truck or 18-wheeler is involved. But understanding what to expect during your truck accident claim and working with a knowledgeable lawyer can help you navigate the complex process and secure the compensation you deserve.
If you’ve been injured in a tractor-trailer crash in Delaware, don’t wait. The sooner you get a lawyer involved, the better your chances of success. The Delaware truck accident attorneys at Silverman, McDonald & Friedman will help you gather critical evidence, negotiate with the insurance companies, and fight for your rights. After all, your recovery is too important to leave to chance. Contact us today by calling or filling out our contact form.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.