Truck accidents often result in catastrophic injuries due to the sheer size and weight of commercial trucks. Victims may face severe physical trauma, prolonged medical treatment, and financial losses that disrupt every aspect of daily life.
If you had a pre-existing injury before your truck accident, you may still have the right to pursue compensation for worsened conditions and new injuries caused by the crash. However, insurers frequently argue that your pain or limitations existed before the accident to minimize or deny your claim.
You should, therefore, work with a legal professional to understand and protect your rights. Our experienced truck accident attorneys at Lorenz & Lorenz understand the impact of injuries to victims and their families.
We can address pre-existing injury defenses, gather compelling medical evidence, and demonstrate how the accident aggravated your condition.
Truck Accidents Claims Key Takeaway
- You may still recover compensation if a truck accident worsened a pre-existing injury, provided the crash caused new harm or aggravated your condition.
- Fault is determined using evidence such as police reports, medical records, truck data, witness statements, and expert analysis.
- Truck accident compensation depends on injury severity, evidence strength, liability, insurance coverage, and legal representation.
- Settlement timelines vary widely, influenced by injury severity, disputed pre-existing conditions, multiple parties, insurer cooperation, and negotiations.
- Call a truck accident lawyer to protect your right to compensation.
Can I Still Get Compensation if I Had a Pre-Existing Injury
Yes, you can still get compensation if you had a pre-existing injury before your truck accident. Under personal injury law, negligent parties are responsible for the harm they cause, including the aggravation of an existing medical condition.
Truck accidents often involve significant force, which can worsen prior injuries or create new symptoms that require additional treatment and recovery time. Insurance companies may attempt to argue that your pain or limitations existed before the crash to reduce their liability.
However, a truck accident lawyer can use medical records, expert testimony, and accident evidence to show how the collision intensified your condition.
How to Determine Fault in an Accident
Determining fault can protect your rights, especially when the defense argues that your injuries stem from a pre-existing condition rather than the crash itself. An experienced truck accident attorney can evaluate multiple forms of evidence to establish that the driver’s negligence caused or aggravated your injuries.
They can use the following types of evidence to prove fault and causation:
Police Accident Reports
A truck accident lawyer can review the police report for citations, officer observations, and fault assessments. These findings often document traffic violations, unsafe driving behaviors, or impaired driving, directly linking the truck driver’s negligence to the collision and resulting injuries.
Electronic Logging Device (ELD) and Black Box Data
Commercial trucks record speed, braking, hours of service, and driving patterns. A truck accident attorney can analyze the data to identify factors such as speeding, fatigue, or failure to brake. They can then prove the driver’s negligent conduct caused the accident and subsequent injuries.
Medical Records
A truck accident lawyer relies heavily on medical evidence to establish that the driver’s negligence caused new injuries or aggravated an existing injury. By comparing your medical condition before and after the crash, they can demonstrate a change in symptoms, function, or treatment needs that directly resulted from the accident.
A truck accident attorney can use medical records to defeat attempts to shift blame away from the negligent driver.
Medical evidence commonly used to prove negligence includes:
- Emergency room and hospital records
- Diagnostic imaging such as X-rays, MRIs, and CT scans
- Physician notes documenting injury progression
- Treatment plans and physical therapy records
- Specialist evaluations and medical expert opinions
Eyewitness Testimony
Statements from neutral witnesses can confirm reckless driving, failure to yield, or distracted behavior. These accounts help establish liability and counter claims that injuries were unrelated to the accident.
Traffic Camera and Surveillance Footage
Video evidence provides objective proof of how the crash occurred. A truck accident attorney can use the footage to demonstrate unsafe maneuvers, red-light violations, or delayed reaction times that directly caused the collision.
Vehicle Damage and Accident Reconstruction
The severity and location of vehicle damage help accident reconstruction experts determine impact force and angles. The vehicle damage analysis can support claims that the crash was substantial enough to cause new injuries or aggravate existing ones.
Driver Employment and Safety Records
A truck accident attorney may obtain the driver’s employment file to uncover prior safety violations, inadequate training, or poor maintenance practices. The records can establish that negligent hiring or supervision by the trucking company contributed to the crash.
Expert Medical and Accident Testimony
Medical and accident reconstruction experts can explain how the mechanics of the crash caused specific injuries. Their testimony directly addresses defense arguments by connecting the accident forces to the injuries claimed.
How Much Money Can You Get From a Truck Accident
The amount of compensation you may receive after a truck accident varies widely depending on multiple factors. Each case is unique, and your settlement or award will reflect the facts and circumstances of the crash.
Here are the factors likely to influence the value of a truck accident claim.
Severity of Injury
The severity of your injuries can determine whether you’ll receive a higher or a lower settlement value. Catastrophic injuries, such as spinal cord damage or permanent disabilities, generally warrant higher settlements due to extensive medical care, long-term rehabilitation, and potential loss of earning capacity.
Even less severe injuries, if they result in prolonged treatment or chronic pain, can enhance the value of the claim. A truck accident attorney can document all injuries to ensure that compensation reflects the full impact on your life.
Availability of Evidence
The strength and availability of evidence directly influence how much compensation you may receive. This includes police reports, medical records, accident reconstruction, surveillance footage, and eyewitness accounts.
Clear, well-documented evidence establishes the truck driver’s negligence and the extent of your injuries. The more compelling the evidence, the stronger your claim, which can increase the likelihood of a favorable settlement or award.
Shared Liability
In some cases, multiple parties may share responsibility for a truck accident. Shared liability laws may reduce compensation if you are partially at fault. For example, if your actions contributed to the crash, your award can be adjusted proportionally.
A skilled truck accident attorney can help minimize your assigned fault and advocate for maximum recovery. They can demonstrate the predominant negligence of the truck driver or trucking company, protecting your right to fair compensation.
Legal Representation
Working with an experienced legal representative can impact the value of your claim. A truck accident attorney can provide support in negotiating with insurers, gathering evidence, and adhering to legal requirements.
They can enhance the value of your claim or lawsuit in the following ways:
- Investigating the accident and identifying all liable parties
- Collecting and analyzing medical and financial records to quantify damages
- Consulting with accident reconstruction and medical experts to support claims
- Negotiating assertively with insurance companies to avoid lowball settlements
- Challenging defenses, such as pre-existing injuries or shared liability
- Guiding you through litigation when settlement offers are insufficient
Insurance Coverage of the Negligent Party
The available insurance coverage of the at-fault party can determine how much you’ll receive for your losses. Commercial trucks are typically required to carry higher liability insurance than passenger vehicles, which can provide greater potential recovery.
However, truckers who hold the minimum coverage limit can restrict how much you receive for your losses. A truck accident lawyer can identify all possible insurance sources, including the truck driver’s employer or additional policyholders, allowing you to recover maximum compensation.
Duration of Recovery Period
The length of your recovery also impacts compensation. Longer recovery periods result in higher medical costs, lost income, and non-economic damages, such as pain and suffering or a reduced quality of life.
A truck accident lawyer can account for current and anticipated future expenses, enhancing your settlement value or court award.
How Long Does a Truck Accident Settlement Take
The timeline for a truck accident settlement can vary depending on the specifics of the case. While some claims may resolve in a few months, others can take a year or longer. Here are the factors that influence the duration of a truck accident settlement:
Severity of Injuries
The severity of your injuries is one of the most significant factors affecting settlement timelines. Serious injuries, such as traumatic brain injuries or permanent disabilities, require extensive medical treatment and documentation.
Insurance companies often wait until your medical condition stabilizes before offering a settlement, which can extend the timeline. Ongoing medical care can delay the settlement process. A truck accident lawyer must gather sufficient evidence to accurately calculate compensation.
Number of Parties Involved
Truck accidents often involve multiple parties, including the truck driver, trucking company, other motorists, and sometimes third-party contractors. Determining the extent of liability for each additional party can cause delays in the settlement process.
Negotiations with multiple insurance companies or legal representatives can prolong the settlement process, particularly if there are disputes about who is responsible for the accident.
Insurance Company Responsiveness
The speed and cooperation of the insurance company handling the claim can also influence the timeline. Some insurers may respond promptly, while others delay communications, request excessive documentation, or dispute liability.
A proactive insurance adjuster can help expedite the settlement, whereas uncooperative insurers may frustrate your compensation claim. A truck accident lawyer can deal with the insurers on your behalf, which can reduce delays.
Pre-Existing Injury Disputes
If you had a pre-existing injury before the truck accident, insurance companies may argue that your damages are unrelated to the crash. Resolving these disputes often involves reviewing medical records, expert testimony, and legal argumentation, which can slow down the settlement process.
A truck accident attorney can present evidence proving that the accident aggravated your condition, reducing delays.
Court Schedules
When a settlement cannot be reached, and litigation becomes necessary, court schedules can impact the timeline. Court dockets vary, and scheduling hearings or trials can add months to the process. Even if a case ultimately settles before trial, pre-trial motions and deadlines can extend the timeline.
Settlement Negotiation Process
The negotiation process can influence how long it takes to resolve a claim. Insurance companies may initially offer low settlements that require back-and-forth negotiation. Truck accident claims with substantial damages often involve multiple rounds of offers, counteroffers, and documentation review.
A truck accident lawyer can streamline these negotiations, expedite the process, and work towards a fair outcome.
Protect Your Right to Compensation After a Truck Accident
Having a pre-existing injury does not eliminate your right to seek compensation after a truck accident. If the crash worsened an existing condition or caused new injuries, the at-fault party may still be liable.
Our truck accident lawyers at Lorenz & Lorenz have combined decades of experience fighting for the rights of injured victims and their loved ones. You can, therefore, count on us to fight for your right to compensation despite your injuries.
Contact us for a free case evaluation.
Truck Accidents Claims Frequently Asked Questions
Can I Sue for Being Hit by a Semi Truck?
Yes, you can sue if hit by a semi truck due to someone else’s negligence. Filing a lawsuit is an opportunity to obtain compensation that covers your losses. A few reasons to sue include severe injuries requiring extensive treatment, driver recklessness, and disputed liability where trucking companies deny responsibility.
What to Ask a Lawyer Before Hiring?
Before hiring a truck accident attorney, ask about their experience handling commercial vehicle cases, past settlement or trial results, and approach to dealing with trucking companies and insurers.
Inquire about fees, communication practices, expected timelines, and how they will investigate liability and damages.
How Can a Truck Accident Lawyer Help?
A truck accident lawyer can prove the crash aggravated your pre-existing condition by gathering medical records showing worsened symptoms post-accident. They can also counter insurance companies, minimizing payouts by documenting treatment differences and consulting medical experts.
They can also demand that defendants must compensate victims as they find them, pre-existing conditions included.