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The Five Stages of a Truck Accident Lawsuit - Jones Law Group

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Indianapolis - Circa March 2022: Volvo Semi Tractor Trailer Truck display at a dealership. Volvo Trucks is one of the largest truck manufacturers.

The Five Stages of a Truck Accident Lawsuit

Truck accidents are some of the most devastating on the road, often resulting in serious injuries and even fatalities. Victims of truck accidents may find themselves in a challenging and overwhelming situation, with mounting medical bills and lost wages. They’re also uncertain about their legal options. If you’ve been involved in a collision with a commercial truck, it’s essential that you understand the legal process that will likely follow. 

The attorneys with Jones Law Group have extensive experience in truck accident cases. We know all the complexities involved with this kind of legal action. Our lawyers also have a long track record of success. We’ll inform you every step of the way and always be available to answer all your questions.

You can schedule a free case review by calling (727) 571-1333 or contacting us online.

Stage 1: The Accident

The first stage of a truck accident lawsuit is, of course, the accident itself. This is when the truck collides with another vehicle, often causing extensive damage and severe injuries to the people involved. If you’ve suffered an injury in a truck accident that wasn’t your fault, you should first seek medical attention. Even if you feel fine, a doctor must thoroughly examine you to ensure you haven’t suffered any hidden injuries.

Once you’ve received medical attention, you should contact your insurance company to report the accident. You’ll need to provide them with the date and time of the accident, the location, the parties involved, and any witnesses. Your insurer will investigate the accident and may contact the other party’s insurance company to determine who is at fault.

Stage 2: Hiring a Truck Accident Attorney

Hiring a truck accident attorney is the second stage of a truck accident lawsuit. It would be best if you researched to find an experienced attorney specializing in truck accidents. Your lawyer will advise you on your legal rights and options and help you navigate the complex legal process.

Please don’t hire a lawyer because you thought they came across as impressive in a TV ad. Check online reviews to see what others have to say about the quality of representation they received from the attorneys you’re considering. If you know someone who recently needed a personal injury lawyer, ask them if they’d recommend that lawyer.

Stage 3: Gathering Evidence and Filing Your Lawsuit

When you hire your legal representative, they’ll investigate the accident as well to determine who is at fault. They’ll gather evidence, such as witness statements, police reports, and medical records. The following briefly examines how your lawyer will obtain the proof you need.

  • Witness statements: Your attorney will interview witnesses at the accident scene to get their version of events.
  • Police report: They’ll then obtain copies of the police report filed at the scene of the accident.
  • Medical records: Your lawyer will get copies of your medical records to document your injuries and treatment.

Once your attorney has gathered all the necessary evidence, they’ll file your lawsuit in court. The lawsuit will outline your case and the damages you are seeking. Your lawyer will then send demand letters to all the parties that contributed to the accident. Each defendant will have a certain amount of time to respond to the lawsuit.

Stage 4: Discovery

The fourth stage of a truck accident lawsuit is discovery. This is the process by which both sides of the lawsuit gather evidence and information from each other. Discovery may include:

  • Interrogatories: Written questions that the parties must answer under oath.
  • Depositions: Testimony given under oath by witnesses and parties involved in the case.
  • Requests for production: Requests for documents or other tangible evidence that may be relevant to the case.

Discovery can be lengthy and complex, so you should have a skilled attorney who can explain what will happen and tell you what to expect.

Stage 5: Settlement Negotiations (or Trial)

A truck accident lawsuit’s fifth and final stage consists of negotiating a settlement or going to trial. In the vast majority of cases, the parties settle and avoid having to appear in a courtroom.  

Settlement negotiations involve discussions between the parties and their attorneys to reach a mutually acceptable agreement. There are a lot of reasons why you need a lawyer. One of the most important is that an attorney can negotiate to help you obtain fair compensation.

Insurance companies are notorious for tempting or intimidating injury victims into accepting a quick settlement. But when this happens, the victim almost always finds the money they receive isn’t enough to take care of their medical expenses and other damages. If you fall into this trap, your case will be over. You won’t have any further recourse for obtaining compensation.

If your attorney can reach a fair settlement, the case will be resolved without going to trial. However, the case will go to court if the parties can’t settle.

Both sides will present their case to a judge and/or jury at trial. The judge and/or jury will then determine who is at fault for the accident and the amount of damages that should be awarded. If you’re successful at trial, you will receive a judgment against the defendant.

You must know that the outcome of a truck accident lawsuit is never guaranteed. The legal process can be complex and time-consuming, and many factors can impact the outcome of your case. However, with the help of an experienced truck accident attorney, you can increase your chances of a successful outcome.

Contact Jones Law Group to Speak with an Experienced Truck Accident Lawyer

Please don’t hesitate to speak with an experienced attorney immediately. At Jones Law Group, our team of skilled attorneys has extensive experience handling truck accident cases, and we’re committed to helping our clients get the compensation they deserve. We offer a free consultation to discuss your case and answer any questions you may have. 

Contact us as soon as possible to schedule your case evaluation. You can use our online form or call (727) 571-1333.

Heath Murphy

About the Author

Heath Murphy is a partner at Jones Law Group and focuses on personal injury law. He has been working as a lawyer for 18 years and routinely writes about auto accidents, wrongful death, and personal injury laws.

Read more: Heath’s Bio