Maximizing Your Settlement After a Trucking Accident: Strategies We Use | Forum

Maximizing Your Settlement After a Trucking Accident: Strategies We Use

Trucking accidents can result in devastating injuries and significant financial losses due to the size and weight of commercial trucks. If you’ve been involved in a trucking accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. However, securing a fair settlement requires a strategic approach, given the complexities of these cases and the involvement of large trucking companies and their insurance teams.

At Hughes and Barnard Law Firm, we employ a variety of proven strategies to maximize settlements for our clients involved in trucking accidents. Here are the key approaches we use to ensure you receive the compensation you deserve.

One of the first steps in building a strong case is conducting a thorough investigation of the accident. Trucking accidents often involve multiple factors, including driver error, mechanical failure, and road conditions. We work with accident reconstruction experts, review police reports, and gather evidence such as black box data (electronic logging device) and dashcam footage to determine exactly how the accident occurred.

We also collect information on the truck driver’s qualifications, training, and driving history, as well as the maintenance records for the truck involved. By uncovering all contributing factors, we can hold the responsible parties accountable, whether it’s the driver, the trucking company, or even a third-party maintenance provider.

Unlike a typical car accident, trucking accidents often involve multiple liable parties. Identifying all responsible parties is crucial for maximizing your settlement. Some of the parties we may investigate and hold accountable include:

• The truck driver: If the driver was fatigued, distracted, or otherwise negligent, they can be held responsible for the accident.
• The trucking company: Companies can be liable for failing to properly train drivers, enforce safety regulations, or maintain their vehicles.
• Manufacturers: If a defective truck part or equipment contributed to the accident, the manufacturer may be liable.
• Cargo loaders: Improperly loaded or overloaded trucks can lead to accidents. Those responsible for loading the truck can be held accountable.

By pursuing claims against all responsible parties, we can increase the chances of securing a larger settlement for our clients.

In addition to conducting a thorough investigation, we gather essential evidence to build a strong case. This evidence may include:

• Black box data: Many commercial trucks are equipped with black boxes that record crucial data, such as the truck’s speed, braking patterns, and the driver’s hours of service. This data can help prove whether the driver was speeding, fatigued, or violated safety regulations.
• Driver logs: Federal regulations limit the number of hours a truck driver can be on the road without taking a break. By reviewing driver logs, we can determine whether the driver was compliant with these regulations or if they were operating the vehicle while fatigued.
• Maintenance records: Poorly maintained trucks are more prone to mechanical failures, which can cause accidents. We obtain maintenance records to ensure the trucking company followed proper protocols for vehicle upkeep.
• Witness statements: Statements from eyewitnesses can provide additional details about the accident that may not be captured in official reports.
• Medical records: To fully document the extent of your injuries, we work closely with medical professionals to compile comprehensive records that detail the impact of the accident on your physical and mental health.

To maximize your settlement, it’s essential to calculate the full value of your damages, including both economic and non-economic losses. Economic damages include:

• Medical expenses: This covers past and future medical bills related to your injuries, including surgeries, rehabilitation, medications, and physical therapy.
• Lost wages: If you’re unable to work due to your injuries, we will pursue compensation for the wages you’ve lost during recovery, as well as any future earning potential if your ability to work has been affected.
• Property damage: We seek compensation for the repair or replacement of your vehicle or any other damaged property.

Non-economic damages, which can be more challenging to quantify, include:

• Pain and suffering: This compensates for the physical and emotional anguish caused by the accident and your injuries.
• Loss of consortium: If your injuries have impacted your relationships with your spouse or family, you may be entitled to compensation for this loss.
• Emotional distress: Trucking accidents can cause long-term psychological effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD).

We carefully evaluate all aspects of your case to ensure that no potential compensation is overlooked.

Insurance companies representing trucking firms are often well-funded and prepared to fight claims aggressively. Their goal is to minimize payouts, which can lead to lowball settlement offers that don’t fully cover your losses. At Hughes and Barnard, we have extensive experience negotiating with insurance companies and are well-versed in their tactics.

We don’t back down from pressure and are prepared to fight for the maximum compensation you deserve. If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial. Our reputation as experienced litigators can often incentivize insurance companies to settle fairly rather than risk a costly court battle.

While many trucking accident cases settle before reaching the courtroom, we are always prepared to take your case to trial if needed. Our team of skilled trial attorneys has a proven track record of success in the courtroom. We prepare meticulously, presenting compelling evidence and expert testimony to prove liability and demonstrate the extent of your injuries and damages.

Being ready to go to trial ensures that we have the upper hand during negotiations, as insurance companies know that we won’t settle for less than what our clients deserve.

Trucking accidents can have life-altering consequences, and securing fair compensation requires a strategic and comprehensive approach. At Hughes and Barnard Law Firm, we use proven strategies to maximize settlements for our clients, from conducting in-depth investigations to negotiating aggressively with insurance companies. Our goal is to ensure that you receive the compensation necessary to cover all your damages and help you move forward after a traumatic event. If you’ve been involved in a trucking accident, reach out to our experienced legal team for a free consultation today.