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Truck Accident Lawyer FAQ

Answers you can trust from a Georgetown, Delaware personal injury attorney

Finding accurate information you can trust after a truck accident can often be a challenge. One person might tell you one thing. Someone else might say something completely different. That’s why it’s critical that you talk with someone who understands how the legal system works and what your rights are after a truck accident in Delaware.

Our experienced Delaware truck accident lawyers at Gill, Welsh, and Chamberlain, P.A. can answer your questions about your crash. We’re familiar with how the system works, since our attorneys have more than 80 years of combined legal experience. That’s why people injured in truck accidents caused by truck drivers routinely rely on us in Delaware.

What is your truck accident lawyer question?

Information is power. The more you know, the better the decisions you can make. This is especially important after a truck accident. That’s why we have compiled some of the most frequently asked questions about truck accidents, which you can find below.

This is a partial list of some of the most frequently asked questions about truck accidents. You likely have another question about your specific accident. Either way, we want to talk with you. Every accident is unique. That’s why it’s important to talk to a lawyer familiar with truck accidents and who knows what to do after a crash.

Get the help you need from a truck accident lawyer who gets results

Don’t underestimate the complexity of your truck accident. Make sure you understand your rights and your legal options. Contact our law firm and schedule your free case evaluation with a Delaware truck accident attorney you can count on in a crisis.

What should I do after my Delaware truck accident?

No two truck accidents are every exactly the same, so we strongly recommend taking the following steps if a truck driver clearly caused your accident:

  • Call the police.
  • Ask the police to investigate your accident.
  • Ask the police to send an ambulance.
  • Get the following information from the truck driver:
    • Name
    • Address
    • Phone number
    • Driver’s license number
    • License plate number
    • Insurance information
  • Name of trucking company truck driver works for if applicable along with:
    • Trucking company’s address
    • Trucking company’s phone number
  • Have a medical professional examine you at the scene of the crash.
  • Take photographs of the accident scene.
  • Talk to witnesses if someone saw your accident.
  • Make sure you get the witnesses’ full name and phone number.
  • Call your insurance company and tell them you have been in an accident.
  • Keep your comments to your insurance company brief.
  • Call our law firm and schedule your free case evaluation.

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Who investigates commercial truck accidents?

Most commercial truck accidents are investigated by state police or local police. In many cases, the National Transportation Safety Board (NTSB) also investigates commercial truck accidents. Whoever investigates your accident, our legal team wants to work with you and make sure your rights are respected.

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Are there special laws and regulations that apply to truck accidents?

Yes. Along with state laws governing commercial trucking accidents, many federal laws exist which often come into play when dealing with truck accidents. The Federal Motor Carrier Safety Administration and Department of Transportation in particular have specific rules and regulations governing truck drivers. These rules include Hours of Service (HOS) rules, which dictate exactly how many hours truck drivers can be on the road before taking a mandatory break. If a truck driver broke these rules and caused your crash, that could dramatically affect the outcome of your legal case in your favor.

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Should I contact a truck accident lawyer after my accident?

Yes. The sooner you talk to a lawyer about your accident, the more you will know about the legal options available to you.

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How can a truck accident attorney help me?

There are so many ways a truck accident lawyer can help you if you were injured in an accident caused by a truck driver. In general, the bottom line is your attorney can serve as your voice for justice. We can make sure your concerns are heard and that your accident is taken seriously. We can independently investigate for you and stand up for your rights.

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How much does it cost to hire a truck accident lawyer?

Our law firm works on a contingency fee basis. That means you only owe us money if we obtain financial compensation for your truck accident. If we don’t win your case, you don’t owe us a dime. As a result, you have nothing to lose by hiring us to represent you.

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Should I accept a settlement offer for my truck accident?

Settlement offers can be tempting if you have been injured in a serious truck accident caused by a truck driver. All you likely want to do is focus on your recovery, not worry about filling out forms or dealing with insurance companies. What might seem like a reasonable offer at first could turn out to not be a great deal after all. That’s because many settlement offers don’t even come close to paying for all your accident-related expenses.

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How much is my truck accident case worth?

Every truck accident claim is different. Some are worth a few thousand dollars. Others may be worth millions of dollars. Our attorneys can review the details of your case and help estimate how much your accident should be worth. We can then work with you and demand the compensation you need and deserve for your accident-related expenses.

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What can I be compensated for after my truck accident?

There many different expenses you can (and should) be compensated for after your truck accident. In general, if something is related to your accident, that should be considered part of your accident-related expenses, including:

  • Surgical procedures
  • Emergency medical care
  • Physical therapy
  • Future medical care
  • Loss of income during recovery
  • Loss of future income, if you are unable to return to work in the future
  • Home medical care, if necessary
  • Modifications to your home, if you have a disability due to your truck accident

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Should I talk to the truck driver’s insurance company if they contact me?

No. Their questions might sound innocent or straightforward. The reality is they’re likely fishing for information they can use against you. The bottom line is anything you say to the truck driver’s insurance company could be used to reduce or even deny your accident claim. That’s why we strongly urge you to say nothing and simply tell them to talk to us. We know how to deal with insurance companies and demand the compensation you need and deserve.

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Should I file a truck accident lawsuit?

We realize you may be reluctant to take legal action after your truck accident. Sometimes, filing a lawsuit against the truck driver, the trucking company, their insurance company or all of the above may be the most effective way to obtain the money you deserve and need for your accident-related expenses.

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Is there a deadline to file a truck accident lawsuit in Delaware?

Yes. In most cases, you have two years to file a lawsuit or take other legal action from the date of your truck accident. This deadline (known as the statute of limitations) might seem far in the future, but the reality is, the longer you wait to file a lawsuit, the more difficult it may be to build a strong, compelling legal case. The evidence you need from your truck accident may no longer exist. The witnesses who saw your crash may move away and be difficult to track down. Without these facts, you might not get the money you deserve for your accident. Our experienced Delaware truck accident attorneys can help you every step of the way. We know how the legal system works and we’re prepared to do the work that needs to be done to stand up for you.

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