The Truck Accident Lawsuit Process
While driving next to a semis on the freeway might make most people nervous, these big trucks are not going anywhere anytime soon. Trucks are a crucial part of our country’s economy and life would be difficult without them. The problem begins when truck drivers and the companies they work for act negligently. Their actions prove they do not care about the safety of other motorists on the road.
If you have been involved in an accident with a semi and are now injured, call Phillips Law Group today. As one of Arizona’s largest consumer law firms, we have stood toe-to-toe against some of the most powerful trucking companies of today. Our team of experienced injury lawyers is not easily intimidated and we can fight for you to receive the compensation you deserve.
Call Phillips Law Group today at (800) 706-3000. We are available 24/7 for a free consultation on your case. There is no fee unless you win.
Hiring a Personal Injury Attorney
The first step in the truck accident lawsuit process is to hire a personal injury attorney. Truck accidents are not easy to litigate. In fact, they are among the most complex cases and can require experience to win.
Trucking companies rarely admit fault because they have a good track record of winning. Most of these companies pay good money for their own team of attorneys to defend their drivers at all costs. This is why calling Phillips Law Group to handle your truck accident case is in your best interest.
We will be able to:
- Determine liability
- Gather evidence
- Find the true value of your claim
- Negotiate a fair settlement with insurance companies
- Take the case to trial if a fair settlement is unlikely
Trucking laws and regulations change all the time, but your lawyer will be studied up and ready to go, armed with the truth on his or her side. Lawyers are an invaluable resource to have when you have nowhere else to turn, able to guide you through the legal process and handle all the paperwork on your behalf.
Gathering Evidence for Your Claim
Arizona is an at-fault state. This means if you hope to win your case, you need to be able to prove the other party caused the accident. The only way to do this is with evidence. Evidence gathering is one of the most important steps of the process. You can be sure the trucking company and their lawyers will do whatever they can to prove you are liable. You need to be able to counter their claims.
The worst part of this whole process is that you do not have time to waste. Your lawyer will know how to find the right evidence and do so quickly. Phillips Law Group will be able to:
- Contact witnesses
- Gather medical records
- Request any reports from law enforcement
- Examine the safety record of the trucking company
- Take photographs of the accident site
- Use forensics to piece together every detail of the accident
- Get professional experts willing to testify on your behalf
By the time the investigation is finished, your attorneys will have all the pieces they need to prove the other driver is the one who caused the accident.
Negotiating a Settlement
After the investigation is complete and all the evidence is gathered, your lawyer should have a good idea of how to approach the next step. Most cases are settled before heading to trial. No one wants to prolong the inevitable, especially if you have the burden of proof.
Along the way, you may receive several lowball offers as the other party attempts to get you to settle for less. However, your lawyer will have a clear picture of what you are owed and will not give in until you get what you deserve.
The types of compensation you may be entitled to include:
- Lost wages
- Pain and suffering
- Medical expenses
- Lifelong disability
- Emotional distress
- Loss of limbs
- Loss of enjoyment of life
- Loss of consortium
The amount of money you can receive is not just for current needs, but for long-term costs and necessities as well. Trusting your lawyer is the best course of action, even if it stings to turn down money for now. Just know that the other driver’s insurance company does not have your best interest in mind. They want to pay out as little as possible, so let your attorney negotiate what he has determined is the proper amount you are owed.
Mediating a Possible Solution
Despite your lawyer’s best attempts, the opposing party may not always be willing to settle on a fair number. They may think the evidence is on their side and prefer to keep fighting. When this happens, mediation is possible as a last-ditch effort to avoid trial. Mediation is not the trial itself, but rather a way to resolve a disagreement between both sides.
Both sides will meet with an objective third party who will help guide the discussion along. The third party will not make a final decision about the accident or choose a winner. Instead, they will hear each argument and help find a resolution that can be agreed upon. Negotiation could take one or more sessions. If an agreement cannot be reached, it will be time to move on to the next step.
Filing Your Truck Accident Lawsuit
Your lawyer will know when it is time to file your truck accident lawsuit. He may decide to bypass the mediation stage altogether and go right to court. He may also wait until it is clear that a settlement cannot be reached without going to trial.
Filing a lawsuit could be an attempt at calling the other party’s bluff. Moving forward with the lawsuit should sober them up quickly. You could get a fair settlement out of court after all.
Multiple parties can be held responsible for causing your injuries, including:
- The truck driver
- The trucking company
- The road commission
- Another third party
Any or all these parties may be considered negligent and the cause of the accident. Your lawyer will be able to determine who you should go after based on the evidence. At this time, there may be continued attempts at negotiation while engaging in the discovery process. The discovery process is where both sides will share evidence with each other. This is where the defendant might decide the fight is over and settle.
Going to Trial
After every attempt has been made and neither side is willing to budge, it is time for a judge or jury to decide. Your lawyer will be fully prepared to bring all the evidence he has collected during the investigation phase. After both sides give it their best shot, it will be time to deliberate and decide the final outcome.
Phillips Law Group has been handling truck accident lawsuits for over 26 years. We have helped our clients win over $750 million in compensation in that time. There is no backing down from insurance companies who want to play hardball. Our focus is to provide compassionate legal services to injury victims of all types.
Call Phillips Injury Lawyers today at (480) 405-5473 or send us a message on our website. We are standing by 24/7 for your convenience.
Kathy Hudson and Donato Giovanatto. Continues to go above and beyond the call of duty. Reaching out to the insurance company about the damage to the vehicle. Forcing them to take responsibility.
Sophia H. at Phillips Law Group has been an absolute joy to work with -quick, responsive, and professional in every interaction. Her breadth of knowledge, from administration to IT to finance, is nothing short of impressive.
Liz was great
If you are in need of legal support for a motor vehicle collision of any kind, I highly recommend going to Phillips Law Group Injury Lawyers. Sean Davis has exemplary knowledge and experience in this field, compassion for his clients, and excellent judgment and communication skills.
Two family members were in a bad wreck a couple of years ago, and as a result called Phillips Law to represent them. Montana Thompson was the attorney assigned to the case with the help of Nemo Farr as legal assistant. Mr. Thompson litigated a very generous settlement for both my stepdaughter and her son. Because my grandson is a minor, I decided to act as conservator for him to ensure the settlement was safe and secure. Montana helped with that process, but it was Nemo who went way above and beyond the call in finding a financial institution to use for the restricted account. There were some glitches in that process but Nemo helped navigate them with a calm expertise which belies his age. I would consider them both great representatives of the level of commitment to their clients and assets to their firm.
Liz Gonzales was great!!!!
My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
I would like to thank Vanessa Rodriguez for helping me with my case because I was in total shock about the accident. She had listened to all my concerns and had answered every question I had . She was great !!!
Positive: Professionalism, Quality, Responsiveness, Value As someone who is familiar with the inner workings of the auto insurance industry I can whole heartedly endorse Steven J. Jones and Phillips law group as someone I would want on my side should litigation take place. They handled my case professionally, honestly, and with satisfactory results which I would not have expected without enlisting their help.
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!