What Are My Rights After Being Involved in a Truck Accident?
Getting injured in a truck accident can be overwhelming, and you may not know what to do. Fortunately, New Jersey has a personal injury legal framework to your rights. Personal injury lawyers in New Jersey say you can pursue compensation to recover the medical costs and other expenses incurred due to the accident.
Nonetheless, it’s crucial to remember that the process may be complex and demanding. Understanding the legal aspects of truck accident lawsuits can be a good starting point for enhancing your chances of a successful claim.
Why Are Truck Accident Lawsuits Complex?
Truck accidents are significantly different from other motor collisions due to various reasons. Skilled truck accident attorneys in Essex County hi ghlight the following aspects that can complicate these cases:
- The severity of the injuries: Trucks are enormous and often carry immense weight. A collision can cause life-changing injuries and damage, leading to permanent disabilities. Estimating the cost of medication and treatment in the long term can be complex, considering multiple factors.
- Trucking laws and regulations: State and federal laws heavily regulate truck drivers and the trucking industry, adding a complex layer to lawsuits arising from truck accidents.
- Liability: Establishing liability after a truck crash can be more complex than regular vehicular accidents. Multiple parties are often involved in these cases, sometimes extending liability beyond the truck driver. Other parties potentially at fault include trucking companies, cargo handlers, vehicle manufacturers, or other drivers.
What Steps Should I Take After a Truck Accident in New Jersey?
Essex County truck accident lawyers say that your actions following an accident can strengthen or weaken your case. The following are crucial steps that can form the foundation of a strong legal claim:
Ensure Your Safety
Assess yourself and others involved in the accident for injuries. Depending on the severity of the injuries and your condition, move to safety and call for emergency help. Even if you don’t have any physical injuries and are not in pain, it’s essential to get proper medical care to rule out internal injuries and bleeding that could become catastrophic.
Gather Evidence
Take photos of the accident scene, capturing your injuries, property damage, traffic signs, and the surrounding environment. If there are eyewitnesses at the scene, request them for their contact details. Your truck accident lawyers in Essex County could follow up with them to gain more insights into the events leading to the accident for an informed approach to your case.
The truck driver’s name, contact information, and insurance company details are also essential, so ensure you get them. These are crucial in helping you pursue compensation from the driver’s insurer as stipulated in trucking insurance laws.
Inform the Insurance Company
Insurance companies are a significant part of your compensation claim process. You must inform them about the accident, but truck accident attorneys in Essex County say you should be careful about the details you reveal. It would be best to first consult experienced personal injury lawyers in New Jersey for legal counsel on how to report the accident to insurers.
Insurance companies work to protect their profits and may shortchange claimants to avoid paying the total compensation their cases are worth. Ensure you understand your policy’s specifics regarding coverage so that you can fight for what you rightfully deserve.
Avoid accepting the first settlement offer they propose when dealing with your or the at-fault driver’s insurance company. Often, the amount they offer initially is way less than what you would get if you pursue the case to the end. Let skilled attorneys work on your case to protect your rights.
Build Your Case
Once you present a claim, you also must attach evidence that strengthens your case. Your legal team can help you put together the following crucial pieces of evidence:
- Accident report from the law enforcers who assessed the accident scene after the crash
- Medical documentation that proves the injuries you sustained during the accident
- Witness statements from people who saw the accident happen and what followed
- Expert reports from accident reconstruction experts who can provide more insights into the accident’s details
File a Claim
The claims process in truck accident cases is often demanding, so it would be advantageous to hire experienced truck accident attorneys in New Jersey to help you. They can review your case and provide legal advice on the best course of action. Experienced legal experts are skilled in negotiating with insurance adjusters to seek compensation for your damages.
If negotiations fail, your lawyers can help you file a lawsuit where your case will go through trial. The process may be lengthy and demanding, but your lawyers will prepare you for the scenario and possible outcome.
Essex County truck accident attorneys say the amount you can obtain as settlement for your damages will be calculated based on the following:
- Your past, current, and ongoing medical expenses
- Cost of therapy and rehabilitation
- Cost of medical assistive devices
- Prescription costs
- Lost wages and loss of earning capacity
- Loss of consortium
- Pain and suffering
- Emotional trauma
- Reduced quality of life
An Experienced Personal Injury Attorney Helping You Handle Truck Accident Lawsuits
New Jersey personal injury laws allow truck accident victims to pursue a fair settlement for their losses. The process can be complex, and you may not be able to follow through if you sustained severe injuries. Skilled New Jersey truck accident lawyers can handle your case and fight to protect your rights.
Birkhold & Maider, LLC is a reputable personal injury law firm in New Jersey. Our lawyers dedicate themselves to assisting accident victims obtain compensation for their injuries. Let us assess your case to determine if you have a solid claim. Call us at 973-319-7795 to schedule a FREE case evaluation.