Frequently Asked Questions About Trucking Accidents
Baker & Abraham, P.C. helps trucking accident victims and their families by providing answers to commonly asked questions. Please feel free to contact our Boston injury firm for additional helpful information.
- My spouse was just in an accident with a tractor-trailer. What should I do?
- The accident was not my fault. What rights do I have?
- What is my case worth?
- Do I need a lawyer to obtain fair compensation?
- What does it cost to hire a truck accident lawyer?
- If you are unable to settle my claim, will you litigate my case or do you refer my case to a trial lawyer?
- Will I be able to speak to an attorney after the initial consultation?
- Will we have to go to court to get a fair truck accident settlement?
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My spouse was just in an accident with a tractor-trailer. What should I do?
Try to stay calm. First, make sure he/she is receiving appropriate medical care, even if his/her injuries seem minor at first. If possible, locate witnesses and get their names, addresses, and telephone numbers. Exchange information, including insurance data, with the other driver, or obtain that information from police.
If there is debris from the accident, think about returning and taking photos. Do not discuss the facts of the accident with anyone but the police and your insurance company. Do not discuss any aspect of the accident or your spouse's injuries with the truck driver or his/her insurance company representative. You and your spouse are NOT obligated to be interviewed by anyone but the police and your insurance company.
The accident was not my fault. What rights do I have?
You have the right to have your medical bills paid and your wage loss reimbursed. You also have the right to make a claim against the truck driver and the trucking company who caused the accident. In that claim you may recover damages (money) for pain, suffering, disability, disfigurement, emotional distress, loss of earning capacity, and other losses that you may have suffered. The money for these losses is paid by the trucker’s insurance company.
That depends. The facts of every truck accident case are different. Several factors must be considered:
- Fault
- Severity of injuries
- Future medical expenses
- Injury’s impact on your life
- Lost wages
- Impact on earning capacity
- Scars
A skilled Massachusetts truck accident attorney can provide a fairly accurate assessment of your damages.
Do I need a lawyer to obtain fair compensation?
Yes, nearly always for a truck accident case. A great many factors and issues must be assessed in order to obtain a fair recovery. In addition to making a complete assessment of your injuries and financial losses, gathering evidence of any wrongdoing by the truck driver and his trucking company is imperative and nearly impossible to do as an individual. Trucking companies generally have legions of adjusters, lawyers, and other personnel who spend all of their time dealing with cases just like yours. It is unreasonable to think that a lone, inexperienced individual can match experience and resources with them. Additionally, bringing a claim takes a lot of time and energy and may be beyond what an accident victim or his family can manage.
A recent study showed that insurance companies paid nine times less compensation to people without lawyers than to those with lawyers. Simply put, this study demonstrates that insurance companies will try to take advantage of you if you do not have a trained professional on your side.
What does it cost to hire a truck accident lawyer?
Most truck accident attorneys offer a free initial consultation—we do. If the firm takes your case, you do not have to pay any money up front. If there is a recovery, the lawyer is paid out of that, one-third of the recovery. If there is no recovery, most personal injury lawyers will not charge you any fees at all.
Aside from the legal fee, there are litigation costs associated with bringing a claim. Costs are out-of-pocket expenses such as the amount of money a hospital charges for duplicating your medical records, expert fees, or the filing fee the courts charge for filing a claim. Our firm pays these costs and is reimbursed when the case is resolved.
If you are unable to settle my claim, will you litigate my case or do you refer my case to a trial lawyer?
We will not refer your case. Unlike many trucking accident law firms, we handle all cases from initiation to jury trial. We are trial lawyers and have successfully tried numerous bench and jury cases throughout Massachusetts. Our success at trial enhances the value of all our clients’ cases. Success at trial is the only leverage a person has against a large insurance company or other multi-national corporation. Not every lawyer has the experience, will, or resources to try a case to conclusion. The insurance companies keep track of which lawyers are willing and able to try cases. Insurance companies and large multi-national corporations will attempt to take advantage of you if your lawyer has not demonstrated success at trial. It is important, then, that your lawyer have a track record of success at trial.
Will I be able to speak to an attorney after the initial consultation?
Yes. It is our priority that you deal directly with our two partners throughout your case. We will not push you off to associates or paralegals. We will handle your case as a team ourselves.
Will we have to go to court to get a fair truck accident settlement?
This is only necessary if the insurance company refuses to make a reasonable offer. Most cases settle out of court, which is generally best for the client if we can get a fair offer. However, we will do whatever it takes to get compensation that is fair and best for the client, even if that means going to court.
