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Truck Accident

How to Sue a Trucking Company for Injuries After a Crash

October 23, 2019

Important steps must be taken to successfully sue a trucking company after a crash. A truck accident lawyer will gather evidence like photos of the crash scene, witness statements, and black box recordings to prove negligence. Medical records, wage statements, and expert testimony will need to be collected as well. If the lawsuit is successful, victims can recover compensation for physical, emotional, and financial damages. 

Preparing for a Lawsuit

Preparation for a lawsuit against a trucking company should start the moment a crash occurs. It is necessary to gather the contact information of the trucking company and their insurance provider. It is also vital to collect copies of police reports, photographs, and eyewitness contact information.

Victims and their truck accident lawyers should also compile medical records, pay stubs, and insurance statements. This information can establish the extent of the injuries and the financial ripples the crash created. This information should be as thorough and detailed as possible.

In Illinois, crash victims have the right to pursue compensation for medical expenses including those incurred from emergency room visits and post-accident care expenses. They can recover compensation for property damage to their vehicle and its contents. Victims can pursue compensation for lost wages, lost earning capacity, and pain and suffering.

Pursuing the Lawsuit

A truck accident lawyer will examine the evidence to determine which course of action to follow. For instance, it may necessary to sue multiple parties, or file lawsuits that cross state lines.  

One of the first things an attorney will do is send a spoilation letter to the trucking company. This helps preserve evidence so it is not “accidentally” destroyed. The attorney is also likely to interview witnesses.

It is also common for a truck accident lawyer to hire a crash reconstruction specialist. This creates a detailed picture of the events that led up to the crash. It recreates key events that corroborate witness statements and injury reports. This is often combined with complete examinations of all vehicles involved in the accident to help strengthen the plaintiff’s claims.

The attorney will likely send a demand letter to the trucking company. This letter covers the facts supporting the case, the injuries suffered, and the amount of money compensation sought. If the company doesn’t respond to the demand letter or negotiations fail to produce a favorable outcome, the lawsuit will go forward.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.