Steven A. Bagen | April 2, 2025 | Truck Accidents
How long you have to file a claim for a truck accident depends on the state you’re in. In Florida, for example, you must generally file a personal injury claim within two years of the truck accident. While this is the deadline for filing a lawsuit, you will likely need to file an insurance claim and report injuries within daysof the collision.
The sooner you file your claim for a truck accident, the more credible your case may be. You undoubtedly want to complete your claim and move on with your life as soon as possible. That’s another compelling reason to hire a Gainesville truck accident attorney as soon as possible.
You Might Have a Couple of Years to File a Lawsuit, But You Should Report Your Accident Right Away, Here’s Why
You might read that there is a two-year statute of limitations for filing truck accident cases and breathe a sigh of relief. You should breathe easy, but only after you’ve hired a lawyer to report your accident, file all necessary insurance claims, and file a lawsuit (if you need to).
There are several important reasons to retain your truck accident lawyer right away.:
Insurance Companies Expect You to File Your Claim Promptly
Insurance companies may seize on every excuse not to pay you. By reporting your accident to all liable insurance companies in the hours or days after the accident, you:
- Will neutralize any claims that your injuries are not the direct result of the accident
- Will abide by Florida’s 14-Day Rule, which requires you to report your injuries within 14 days of an accident if you are going to secure compensation through personal injury protection (PIP) insurance coverage
- Can reduce the likelihood that insurance companies deny your claim
It’s not that you are bending over backward to appease the insurance companies, it’s that there’s no reason to wait to file your insurance claim(s). Plus, quick filing can increase the odds of your case’s success.
You Need to Establish the Connection Between the Crash and Your Injuries
Insurance companies and other liable parties may try several tactics to avoid paying the compensation you deserve. They may even allege that:
- You suffered your injuries before the auto accident
- You are seeking compensation for injuries that you have not actually suffered
- You are exaggerating the severity of your injuries
- You are seeking medical treatment that you do not truly need
- You are dragging out your recovery or falsely claiming disability
Reporting the accident, reporting injuries, and seeking medical attention immediately after the accident will insulate you from such accusations from insurers.
The Window for Filing a Lawsuit Can Close Quickly
Two years seems like a long time. Older adults can tell you, though, that two years is not long at all. A two-year time span may fly by especially quickly when you:
- Are going through medical treatments
- Are struggling with physical pain, depression, post-traumatic stress disorder (PTSD), and other types of pain and suffering that can occur because of truck accidents
- Have to juggle personal obligations with the stress, medical demands, and other responsibilities you face because of the accident
Procrastinating in hiring a lawyer may increase the risk of missing a non-negotiable filing deadline. With each day you wait to hire a lawyer, you might also lose critical evidence and weaken your case.
There’s Much to Be Done Before You File a Truck Accident Lawsuit
A truck accident lawyer will work with the case you bring them. However, if you bring them a case when the filing deadline is only hours or days away, even the most skilled lawyer may be unable to help you (though you should call them regardless).
An attorney needs to secure evidence, determine liability for your accident, and file all necessary paperwork before any deadlines expire. Give them the breathing room to do so by hiring your attorney right away.
If You Have Waited to Pursue Compensation After a Truck Accident, All Is Not Lost—Hire Your Truck Accident Lawyer Today
While you should hire your attorney as soon as possible after a truck accident, all is not lost if you’ve waited. All you can do now is speak with prospective attorneys today and hire the lawyer who is the best fit for your case.
You should look for a truck accident attorney who:
- Can produce case results that are relevant to yours
- Has negotiated settlements and won verdicts at trial
- Has the adoration and respect of former clients (look at reviews to gauge this)
- Makes you feel comfortable and confident during your consultation
An attorney will be in charge of your insurance claims and any lawsuit you choose to file. They will be just as instrumental in your recovery from injuries, psychological trauma, and emotional anguish.
Your lawyer will ensure you get the medical care you need. Access to emergency medical care “enhances the survivability of crashes,” and getting quality medical care may also enable you to recover as soon as possible.
Your Lawyer Will Deal with the Challenges of Your Case So You Don’t Have To. You Better Believe There Will Be Challenges.
There is immense value in hiring a lawyer after any auto accident. Truck accident cases can be particularly challenging, though, so it’s even more important to retain a lawyer as a survivor of a commercial truck collision.
Some of the challenges an attorney will handle for you are:
Considering the Many Factors That Can Contribute to a Truck Accident
Operating a commercial truck is not like driving a Honda Civic. Whenever an attorney is leading a truck accident case, they must consider:
- The complex design of trucks, as the smallest component in these complicated vehicles can fail and contribute to an accident
- Whether an at-fault motorist or liable trucking company violated Federal Motor Carrier Safety Administration (FMCSA) regulations, Occupational Safety and Health Administration (OSHA) guidelines, or trucking industry best practices
- The interplay between the cargo trailer and the truck and whether any defect or mistake related to the cargo trailer contributed to the collision
There are far more factors to consider, and potentialities to investigate, when a traffic accident involves a truck.
Insurance Companies Challenging Your Claim
It can be difficult to decipher whether an insurance company is on your side or not. Sure, an insurance policy might suggest that an insurance provider will pay you after a truck accident, but insurers’ actions may suggest otherwise.
Your attorney will stand between you and insurance companies’ questionable tactics, which may include:
- Denying your truck accident claim
- Forcing you to appeal the denial
- Extending you a lowball settlement that they pretend is fair
- Contesting your losses
- Disputing your attorney’s valuation of your losses
You never know what an insurance company’s approach to your claim will be. This is why it’s smart to hire an attorney from the outset of your case. If there is bad faith, your lawyer will deal with it.
A Liable Trucking Company Fighting Your Case
You may eventually decide to sue a trucking company. These companies are often liable for accidents their clients cause. Trucking companies’ non-driver employees (and owners) may also be negligent in a way that makes the company liable for your damages.
Many trucking companies have dealt with multiple lawsuits and are always on the defensive for cases like yours. If you sue, your lawyer will be ready for any fight they face from a liable trucking company.
Evidence in Hard-to-Gather Places
Proving fault for the truck accident will be on your lawyer’s list of critical responsibilities. Some evidence—like witness testimony—may be immediately available to them. Other evidence may be far more difficult to secure. In fact, some evidence may be in the liable trucking company’s hands, and this may include:
- Black-box data
- Footage from cameras facing into and outside of the truck
- The at-fault truck driver’s accident history
- Any behavioral issues the truck driver has exhibited in the past
- Photographs of damage to the truck involved in the collision
It should be no surprise that trucking companies may try to conceal, withhold, or even destroy evidence they think can benefit your case. This is another reason why hiring your lawyer right away is important. Your lawyer will take legal action to secure this evidence if necessary.
Potentially Waging a Hard-Fought Lawsuit
There’s always the possibility that liable parties don’t offer the money you deserve. They might offer no compensation at all, possibly blaming you for the truck accident.
If you need to file a lawsuit or go to trial, your lawyer will be your fighter and advocate the entire way.
Your Lawyer Will Forge the Path to Your Financial Recovery
There are many times in life where turning to a professional is simply the right move. This is entirely true when you need and deserve compensation after a truck accident.
An attorney is the professional you want to hire, and you should expect your truck accident lawyer to:
Immediately Take Over Communications with Insurers
Your attorney will enable you to turn your full attention to recovery, and they’ll enable that right away. Your lawyer will take over communications with insurance companies, which will be among the most pressing aspects of your case.
An attorney is best suited to deal with insurance companies because:
- You should not have to answer calls, make statements, or engage in other correspondence with insurers while you’re healing
- Attorneys deal regularly with insurers, so they won’t be daunted by the prospect of doing it in your case
- A lawyer can spot bad-faith tactics from insurance representatives and counter the bad-faith
Your law firm will have the resources to answer insurers’ calls, respond to their letters, and do so immediately.
Determine Who Is Liable for Your Damages
You might deserve compensation from:
- One or more insurance providers
- A trucking company
- A truck driver
- A truck manufacturer
- A municipality
- Other liable parties
Your lawyer will determine who is liable for your damages and create a personalized plan for securing the compensation you deserve.
Lay Out a Comprehensive Case Plan for You
Attorneys know their clients are unique people. Your lawyer will get to know you, learn about your damages, review all relevant insurance policies, and present a plan for success.
You and your attorney will be a team. Though your attorney will take the reins and lift your case off your shoulders, they will get your feedback and keep you posted. Expect your attorney to explain their plan for your case and solicit your thoughts about that plan.
Detail the Cost of Your Truck Accident
Your crash has come at a cost. Your lawyer will secure any medical records, receipts for repairing your vehicle, mental health evaluations, bank statements showing lost income, and other evidence of your accident-related damages.
Negotiate a Fair Settlement That Reflects Long-Term Damages
Attorneys are effective negotiators because:
- Many are trained to negotiate
- Many spend their free time, and professional time, acquiring skills to negotiate more effectively
- They have extensive experience convincing unwilling parties to pay
- They have an aggressive, optimistic outlook and the thick skin necessary for difficult negotiations
You can be confident with an attorney negotiating on your behalf. If they don’t secure a fair settlement, they will take all necessary legal action on your behalf.
Big Trucks Cause Big Damages. You Deserve Compensation for Yours.
Trucks are the heaviest vehicles on the road. Their limited capacity to brake means they often hit other vehicles at a high speed. This is a recipe for disaster, and it’s why truck accident survivors often face:
- Burdensome medical bills
- Severe pain and suffering
- Lost income that makes them financially unstable
- The cost of mental health services
- Vehicle repair costs
- The cost of replacing a totaled vehicle
Let an attorney get to know you. They will put themselves in your shoes, determine the cost of your crash, and demand justice from liable parties.
Hire Your Truck Collision Lawyer Today
Do not wait to hire your lawyer. You now know the potential risks of waiting to report injuries and file your case, so choose not to take those risks. Find your truck accident attorney today.