According to National Safety Council data, in 2022, 5,837 large trucks were involved in a fatal crash, an 1.8% increase from 2021 and a 49% increase in the last 10 years. Medium or heavy truck, excluding buses and motor homes, with a gross vehicle weight rating greater than 10,000 pounds is considered a large truck. Both commercial and non-commercial vehicles are included.
In recent years, there has been a significant transformation in the way goods and services are provided to consumers, reflecting changes in our economy. The rise of online shopping is clearly reflected in the growing presence of big trucks and transportation vehicles on our roads, as physical stores continue to decline.
Truck accidents can take place for several reasons, for example, distracted driving. Distracted driving can be extremely dangerous and even deadly. Distracted driving is anything that inhibits the driver from being fully engaged and responding to changes in the driving environment. According to the National Highway Traffic Safety Administration, distractions typically fall into three categories: visual, manual and cognitive.
Common types of distracted driving are eating, talking to a passenger, smoking, operating vehicle infotainment, and texting or calling. But is texting and driving considered a felony?
According to the laws in Arizona, if you get caught, you might face a fine for the first offense but if the incident resulted in a serious bodily injury or death, you might face a class 1 misdemeanor. Conviction of a misdemeanor could result in the suspension of the driver’s license for at least 90 to 180 days for serious injury and 180 days to one year for violations resulting in death.
Let’s take a look at the preparations needed to make the best decisions moving forward.
Understanding Your Rights
According to truck accident attorney Liam Perry, when seeking legal advice after a truck accident, you should understand your rights to protect yourself and your interests. One significant right you have is the right to compensation for any injuries or damages caused by the accident. This includes medical expenses, lost wages, pain and suffering, and property damage. It’s important to know that insurance companies may try to offer you a quick settlement that’s far below what you’re entitled to, so understanding your rights can help you negotiate for fair compensation.
You also have the right to seek legal representation to advocate for you in dealing with insurance companies, trucking companies, and other parties involved. A skilled truck accident attorney can help you navigate the complex legal process, gather evidence to support your case, and negotiate on your behalf for the best possible outcome. Understanding your rights empowers you to make informed decisions and ensures that your interests are protected during the legal proceedings.
Importance of Timely Action
To ensure a favorable outcome in your truck accident case, taking timely action is critical to preserving evidence and securing your rights. Acting promptly after the accident can significantly impact the strength of your case. Contacting a truck accident attorney as soon as possible allows them to begin investigating the incident promptly. Time is of the essence in gathering critical evidence such as witness statements, photos of the scene, and any available surveillance footage.
There are statutes of limitations that dictate the timeframe within which legal action must be taken. Failing to file a claim within these time constraints could result in the loss of your right to seek compensation for your injuries and damages. By acting swiftly, you not only protect your legal rights but also increase the chances of a successful resolution to your case. The sooner you seek legal assistance, the better positioned you’re to navigate the complexities of a truck accident claim.
Documentation and Evidence Needed
Gathering the necessary documentation and evidence is significant for building a strong case in a truck accident claim. After the accident, make sure to collect the contact information of all parties involved, including witnesses.
Take photos of the accident scene, the vehicles involved, and any visible injuries. Obtain a copy of the police report and any medical records related to the accident. Keep track of all medical expenses, repair bills, and any other financial losses incurred as a result of the accident.
It’s also important to preserve any physical evidence, such as damaged property or clothing. Document any communication with insurance companies or the other party’s legal representatives. The more detailed and comprehensive your documentation and evidence are, the better equipped your truck accident attorney will be to advocate on your behalf and seek the compensation you deserve.
Fee Structures and Payment Plans
Consider exploring various fee structures and payment plans with your truck accident attorney to understand how they’ll handle your case financially. Different attorneys may have varying fee arrangements, such as hourly rates, flat fees, or contingency fees. Hourly rates involve paying for the attorney’s time spent on your case, while flat fees are a set amount for the entire legal service. Contingency fees are common in personal injury cases like truck accidents, meaning the attorney only gets paid if they win the case, taking a percentage of the settlement or trial verdict.
When discussing fee structures, inquire about additional costs like court fees, expert witness fees, or investigation expenses. Understanding all potential expenses upfront can help you plan financially. Payment plans are also necessary to discuss, especially if you’re concerned about covering legal costs. Some attorneys may offer flexible payment options to ease the financial burden.
Clear communication about fees and payment plans is essential to avoid misunderstandings later on. Be sure to get all agreements in writing to protect both yourself and your attorney throughout the legal process.
Potential Settlement vs. Trial
Exploring the potential outcomes of a settlement versus going to trial is a critical decision in your truck accident case. When considering a potential settlement, keep in mind that it offers a quicker resolution without the uncertainty of trial outcomes. Settlements can provide a guaranteed amount of compensation, allowing you to avoid the time and costs associated with a trial.
On the other hand, going to trial may result in a higher compensation amount if successful, but it also involves risks such as potential delays, legal fees, and the unpredictability of jury decisions.
Before making a decision, consult with your truck accident attorney to evaluate the strengths and weaknesses of your case. They can provide valuable insights into the likelihood of success at trial and the potential settlement offers on the table. Understanding the pros and cons of each option will help you make an informed decision that aligns with your goals and priorities in seeking compensation for your truck accident injuries.
Conclusion
Before talking to a truck accident attorney, you truly have to make sure that you understand your rights, gather necessary documentation, and consider potential settlement versus trial. Take timely action and be prepared with evidence to support your case. Discuss fee structures and payment plans upfront to avoid any surprises. You can have a successful outcome in your truck accident case by being informed and organized.
