If you are dealing with the aftermath of a truck accident in Mississippi, it is extremely important that you protect your legal rights. You could be facing substantial costs and a long-term recovery. Obtaining full and fair compensation is crucial for moving on.
Truck crash claims can be some of the most complicated and difficult of all motor vehicle accident cases. Not only can the injuries sustained in these collisions be more catastrophic than those in smaller auto wrecks, but the potential for multiple at-fault parties is greater than in a typical car crash case. Some truck crash victims wonder if they can handle the claim themselves. After a major injury, however, very few people have the capacity to take on these cases alone.
The Oxford truck accident lawyers at Roberts Wilson, P.A. have substantial experience in these complex cases. We have the knowledge, skill, and resources necessary to handle even the most complicated cases and we are committed to protecting the rights of our clients. Below we discuss seven ways a lawyer can help your truck accident case.
1. Determining the Cause of Your Truck Accident
Several factors can lead to truck accidents. In order to seek just compensation, you need to know the specific cause (or causes) of your collision. A truck accident lawyer will be able to conduct a thorough investigation and determine exactly how and why the accident happened.
When investigating your truck accident, your lawyer will look for evidence of potential factors including:
- Aggressive driving (i.e., speeding or tailgating)
- Careless driving (i.e., braking too late or changing lanes without checking blind spots)
- Distracted driving
- Drowsy driving
- Exceeding the truck’s gross vehicle weight rating (GVWR)
- Failure to properly secure cargo
- Impaired driving
- Road hazards (i.e., potholes or dangerous construction zones)
- Road rage
- Tire blowouts, brake failures, and other vehicle-related issues
These are just examples. When dealing with a truck accident, it is important to consider all possible causes and all potential sources of financial compensation. An experienced truck accident lawyer will be able to comprehensively assess liability in your case while also disputing any allegations that you are responsible for your own injuries.
2. Determining What Claim(s) You Can File
Once your lawyer determines the cause (or causes) of your accident, your lawyer can then determine what claim (or claims) you can file. Generally speaking, the options are:
- Filing a claim under the at-fault driver’s insurance policy (if the at-fault driver was operating a passenger vehicle or was an owner-operator)
- Filing a claim against a government entity (if an issue with the road played a role in your crash)
- Filing a claim against the truck driver’s employer (if you were injured and the truck driver or the trucking company is to blame)
- Filing a claim against the shipping company (if a cargo-related issue is responsible for the accident)
- Filing for workers’ compensation benefits (if you were driving for work at the time of the accident)
If multiple factors combined to cause your truck accident, then you may need to file multiple claims in order to recover full compensation. Similarly, if you have a workers’ compensation claim, you will want to file any other available claims as well since workers’ comp does not provide full coverage for accident-related losses.
3. Calculating the Value of Your Claim(s)
Regardless of which claim (or claims) you can file, you will need to work with a truck accident lawyer to determine how much you are entitled to recover. The insurance companies won’t do this for you. If you let the insurance companies decide how much to pay, you will receive far less than you deserve. Unless you are limited to seeking workers’ compensation benefits, this includes calculating just compensation for your current and future:
- Medical needs
- Medical supplies and other out-of-pocket costs
- Lost earnings
- Pain, suffering, and emotional distress
- Scarring and disfigurement
- Loss of companionship, consortium, society, and enjoyment of life
4. Dealing with the Insurance Companies
Rather than helping you through your recovery, the insurance companies will try to pay you as little as possible. To avoid settling for too little, you will need an experienced truck accident lawyer to represent you. Your lawyer will be able to use the available evidence to establish liability, prove how much you deserve to collect, and negotiate for a favorable settlement on your behalf. While there are no guarantees, you are far more likely to receive a fair settlement offer with an experienced lawyer on your side.
5. Preparing To Go To Court if Necessary
Sometimes, it is necessary to go to court to win the financial compensation you deserve. In addition to dealing with the insurance companies, your lawyer can also prepare your case for court. Filing a lawsuit can show the insurance companies that you are serious, and this can help facilitate good-faith settlement negotiations in many cases. But, if the insurance companies still aren’t willing to settle for just compensation, filing a lawsuit early in your case will ensure that it isn’t too long before you get your day in court.
6. Advancing the Costs of Pursuing Your Case
Pursuing a truck accident case can be expensive. In fact, it can cost far more than most truck accident victims can afford to pay. When you hire a lawyer to represent you, the lawyer’s firm will advance the costs of pursuing your case. If your case is successful, these costs will be deducted from your settlement or verdict. If your case is not successful, you will owe nothing.
7. Helping You Avoid Costly Mistakes
When you have a truck accident case, there are lots of mistakes you need to avoid. From saying the wrong thing to returning to work too soon, you need to know everything not to do in order to protect your legal rights. An experienced truck accident lawyer will be able to explain the mistakes you need to avoid so that you can give yourself the best chance of recovering just compensation.
The truck accident lawyers at Roberts Wilson, P.A. have been helping the wrongfully injured throughout North Mississippi for more than a decade. We aren’t intimidated by big insurance companies and we don’t back down from a fight. We are committed to our community and every person in it. We work tirelessly to ensure our clients obtain the justice and compensation they deserve under the law.
If you were hurt in a collision with a big rig, contact Roberts Wilson, P.A. today online or at (662) 533-9111 for a free case review. We welcome clients from across Mississippi, including Oxford, Holly Springs, Batesville, and many other areas.