How To File a Truck Accident Lawsuit

By Peter DePaolis
Attorney

Experiencing a truck collision while driving or riding in a passenger vehicle could become a life-altering event. It’s not uncommon for overwhelming physical and financial injuries to impact your life after a serious roadway crash. Filing a truck accident lawsuit could help you recover from your losses.

A truck accident injury claim could become a complex process, but you’ll find the team at Koonz, McKenney, Johnson & DePaolis, LLC, well-prepared to handle the toughest circumstances.

Who Do I Sue in a Truck Accident Lawsuit?

How do I file a truck accident lawsuit?

It may appear fairly obvious that you would file a lawsuit against the truck’s driver if that individual caused the accident. Truck accidents can, however, involve complicated issues when determining at-fault parties. The fault could lie with another party in addition to — or instead of — the truck driver.

Some of the other parties that may be involved in a truck accident injury claim could include:

  • The trucking company, which may have allowed an unqualified driver to operate their vehicle
  • The truck’s manufacturer, which may have ignored a design or component defect
  • A truck maintenance company, which may have used substandard replacement parts
  • A cargo loader who overloaded the truck, which could lead to a rollover semi-truck accident
  • The government agency responsible for maintaining the road where the accident occurred

Your truck accident attorney will investigate the crash before filing your truck accident lawsuit. The investigation and accident reconstruction process can help ensure that all involved at-fault parties are included in the suit.

An investigation involving a semi-truck accident could become particularly complex due to the range of factors that could cause one of these enormous vehicles to roll over or jackknife. Semi-truck crashes can also cause multi-vehicle pileups. The investigative skills of an experienced truck accident attorney are often required before a semi-truck accident lawsuit can be filed.

How much time do I have to file a lawsuit after being injured?

The time you have to file a personal injury lawsuit depends on what state you’re filing in. In Washington, D.C., and in the state of Maryland, for example, the timeframe to file a truck accident lawsuit is three years from the date of the injury. In Virginia, the timeframe to file is two years from the date of injury. If you do not file your lawsuit within the state’s required timeframe, the court can dismiss your injury claim, and you will not be able to sue either the truck driver or the trucking company.

Your attorney will make sure that your suit is filed in time, but it’s important that you begin the process by contacting your attorney as soon as possible after your accident. It can take time to gather evidence to support your claim, especially if the trucking company needs to supply driver records or trip reports.

What Can I Do To Help My Attorney File My Truck Accident Lawsuit?

How do I help my lawyer when filing a truck accident lawsuit?

Unless your injuries prevent you, try and get contact numbers for all of the involved parties and any witnesses. Vehicle license plate numbers will also be helpful. If you can take pictures of the accident scene and the vehicles involved, it can help your attorney reconstruct how the crash occurred.

Your top priority is, of course, any immediate on-the-scene medical attention you or other injured individuals may require. A 9-1-1 call will also help ensure that police arrive at the scene, which will result in an accident report.

If you do not think you require any immediate on-the-scene medical attention, be sure to see your doctor or go to a hospital emergency room as soon as you can. In addition to checking for any delayed injury symptoms, such as those that could develop after a blow to the head, your doctor’s medical reports will help your attorney file your truck accident lawsuit.

How Do I Know How Much Compensation I Can Sue For?

How much compensation  can I get from a truck accident lawsuit?

Your medical reports and receipts for all your injury recovery needs, such as prescriptions and orthopedic devices, will help your attorney calculate the potential amount of medical recovery compensation for your situation. You are not, however, limited to receiving compensation for your medical costs alone.

The time you require to recover from your injuries could also cause you to take time off from work, which could then become a significant financial loss. Provide your attorney with your previous paycheck stubs or income records to include your lost income in your compensation demand.

In addition to your financial losses, your attorney can also demand compensation for noneconomic losses such as:

  • Emotional distress
  • Pain and suffering
  • Reduced quality of life
  • Lost career opportunities and future earnings
  • Loss of spousal intimacy

Noneconomic issues could add a significant amount to your compensatory damages amount if your injuries resulted in a long-term or permanent disability. You can help your attorney calculate your noneconomic losses by maintaining a daily or weekly journal of how the truck accident affected your life and your day-to-day routines.

What should I make sure I never do when filing a truck accident lawsuit?

Be sure you don’t say anything to anyone at the accident scene other than what’s required for a basic exchange of information. Let your attorney interact with any insurance companies that contact you. Never discuss any of the details of your accident or your post-accident recovery with anyone outside of your immediate family.

You’ll need to make sure nothing is posted on social media about the accident or how your recovery progresses. An insurance carrier’s or trucking company’s legal team could pull details from your social media exchanges that could be used to reduce or defeat your compensation demand.

Contact One of Our Experienced Attorneys To File Your Truck Accident Lawsuit

Remain focused on recovering from your injuries and leave all of the details to us. Your truck accident lawsuit will be skillfully handled and vigorously pursued by the attorney team at Koonz, McKenney, Johnson & DePaolis, LLP. We have the investigative resources to compile compelling evidence to back up your claim and work toward a favorable outcome. Contact us at any time night or day. You’ll never owe us anything unless we win your case.

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.