Because of their size and weight, commercial trucks are capable of causing extremely serious injuries should an accident occur. As a result, the federal government has passed various laws holding semi-truck...
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Maximizing Your Semi-Truck Accident Lawsuit Settlement
Being involved in a semi-truck accident can turn your life upside down. The physical injuries, emotional distress, and financial burdens can be overwhelming. If you or a loved one has been hurt in a collision with a commercial truck, you may be entitled to compensation through a semi-truck accident lawsuit. However, navigating the complexities of these cases requires experienced legal representation to maximize your settlement or verdict.
At D’Amore Law Group, we understand the profound impact a semi-truck accident can have on victims and their families. With over 30 years of experience and a reputation for excellence in truck accident litigation, our firm is committed to fighting for the justice and compensation you deserve, whether your case involves serious injury or wrongful death.
Contact us today at 503-222-6333 to discuss your case and learn how we can help you.
Understanding Your Rights in a Semi-Truck Accident Lawsuit
If you have been hit by a semi-truck, your settlement or verdict will depend on various factors, including liability, damages, and your ability to prove negligence. Commercial trucking companies and insurers have extensive legal teams working to minimize their payouts, so having a skilled semi-truck accident attorney on your side is essential.
A variety of factors can contribute to semi-truck accidents, many of which involve negligence or reckless behavior. Understanding these common causes can help you determine liability and strengthen your case. Common causes of semi-truck accidents include:
- Driver fatigue. Federal regulations limit driving hours, yet many truck drivers exceed these limits, leading to drowsy driving accidents.
- Distracted driving. Using a phone, eating, or adjusting GPS can divert a trucker’s attention from the road.
- Improper maintenance. Brake failures, tire blowouts, and other mechanical issues can cause catastrophic accidents.
- Overloaded or improperly loaded cargo. Unbalanced loads increase the risk of rollovers or jackknife accidents.
- Reckless driving. Speeding, tailgating, and unsafe lane changes can result in severe crashes.
- Road rage. Emotions can run high, especially when deadlines are tight or people make inconsiderate decisions. However, the consequences of poor reactions can be catastrophic.
According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks were involved in 4,842 fatal crashes in 2020, with thousands more resulting in serious injuries. Given the high stakes, it is crucial to build a strong case with the help of an experienced semi-truck accident lawyer.
Steps to Maximize Your Semi-Truck Accident Lawsuit Settlement or Verdict
Obtaining a semi-truck accident lawsuit settlement or verdict requires careful planning, evidence gathering, and expert legal representation. Below are essential steps to maximize your recovery.
1. Seek Medical Attention Immediately
Your health is the priority. Even if injuries seem minor, some conditions—such as traumatic brain injuries—may take days to manifest. Additionally, medical records serve as critical evidence in your lawsuit.
2. Preserve Evidence
Collect as much evidence as possible at the accident scene, including:
- Photos of the vehicles, road conditions, and injuries;
- Police reports;
- Witness contact information;
- Trucking company and driver details; and
- Dashcam or surveillance footage (if available).
Keeping detailed records of the accident can significantly strengthen your claim and help ensure you receive the maximum award possible.
3. Determine Liability
Proving liability in a semi-truck lawsuit can be challenging, as multiple parties may be responsible, including:
- The truck driver,
- The trucking company,
- The truck manufacturer (in cases of mechanical failure), and
- Cargo loaders (if improper loading contributed to the crash).
Determining liability is crucial in securing compensation, as it ensures that all responsible parties are held accountable for their negligence.
4. Work with a Board-Certified Semi-Truck Accident Attorney
Trucking companies and insurers will attempt to reduce liability by shifting blame or offering lowball settlements. Hiring an experienced semi-truck accident attorney like Tom D’Amore—who holds National Board of Trial Advocacy (NBTA) certification for Truck Accidents—ensures you have a formidable advocate fighting for maximum compensation.
5. Hire an Attorney Familiar with Trucking Laws in Your State
Trucking laws, procedures, and regulations vary from state to state, and hiring a lawyer who doesn’t fully understand the local landscape could cost you time and money. If your crash or wrongful death case occurred in Oregon or Washington, you shouldn’t hire a firm from Kentucky or California to handle it. Working with a local law firm gives you the best chance of succeeding in your jurisdiction.
6. Calculate All Damages
The value of your claim should cover:
- Medical expenses (past and future),
- Lost wages and diminished earning capacity,
- Pain and suffering,
- Emotional distress,
- Property damage, and
- Punitive damages (in cases of egregious negligence).
In wrongful death cases, families may also be entitled to compensation for funeral costs, loss of companionship, and loss of financial support. A thorough damage assessment ensures your lawsuit includes all financial and emotional losses.
7. Advocate Aggressively
Most truck accident cases settle out of court. However, if the insurance company refuses to offer a fair settlement, the skilled litigators at D’Amore Law Group will take your case to trial to secure the compensation you deserve.
An experienced trial attorney can make all the difference in ensuring you receive the full amount you are entitled to.
What Is the Average Settlement or Verdict When Someone’s Been Hit by a Semi-Truck?
The value of a settlement or verdict when someone’s been hit by a semi-truck varies widely based on factors like injury severity, liability, and insurance coverage. Awards can range from thousands to millions of dollars.
Some recent examples of results from cases we have handled include:
- $4.07 million for a catastrophic truck rollover accident;
- $3.99 million for a case involving a truck crashing into the back of a car, resulting in a fatality;
- $2.15 million for a case involving a truck making an illegal left turn and hitting another driver; and
- $1.4 million for an incident where the truck driver took a turn too fast, and the trailer flipped over onto someone’s vehicle.
While every case is unique, working with a semi-truck accident lawyer ensures you receive the full compensation you are entitled to.
Statutes of Limitations for a Semi-Truck Lawsuit in Oregon and Washington
Each state has a deadline—known as the statute of limitations—for filing a lawsuit. Oregon’s statute of limitations is two years from the date of the accident, while Washington’s is three years from the date of the accident.
Failing to file within these timeframes could result in losing your right to compensation, so acting quickly is crucial. Seeking legal counsel as soon as possible can help preserve your rights and maximize your chances of a successful claim.
How D’Amore Law Group Can Help
Navigating a semi-truck accident lawsuit requires expertise, resources, and relentless advocacy. At D’Amore Law Group, we:
- Conduct thorough investigations,
- Work with accident reconstruction experts,
- Handle all negotiations with insurers, and
- Pursue maximum compensation for our clients.
With Tom D’Amore’s NBTA certification and decades of experience, our firm has successfully resolved thousands of cases, ensuring that truck accident victims in Oregon and Washington receive the justice they deserve.
By working with a trusted and experienced legal team, you can focus on recovery while we fight to get you the compensation you need.
Take the First Step Toward Your Recovery Today
If you or a loved one has been injured or you lost someone in a semi-truck accident, do not face the legal battle alone. Contact D’Amore Law Group today for a free consultation. Let our experienced semi-truck accident lawyers fight for you so you can focus on healing.
Call us now or visit our website to schedule your consultation.
