Truck drivers play an essential role in Australia's economy. However, truck driving is also a high-risk industry that may lead to serious injuries. Statistics show that an average of 200 people are killed every year due to truck accidents in Australia alone. In addition to this, the latest hospitalisation data shows that approximately 510 heavy truck drivers are hospitalised from truck accidents each year.
Using the help of truck accident lawyers, you'll be able to better understand your eligibility for truck accident compensation. Smith's Lawyers operate on a "No win, No Fee, No Catch" promise which means our clients will never be out of pocket. We have never had a client out of pocket in over 25 years.
Find out more about making a car accident compensation claim.
The truck accident compensation claims process can seem daunting sometimes, but our personal injury lawyers ensure that you understand the process enough that you’ll have confidence in your truck accident claim. The truck accident compensation claims process consists of five main steps:
The first and most important step of making a truck accident claim is to seek medical care if you have been hurt or seriously injured. Be sure to request and keep documentation from all of your medical appointments.
In Queensland, all motor vehicles must have ‘compulsory third party insurance’, otherwise known as CTP. It is normally included in your registration. An injury claim in relation to a motor vehicle is in most cases, is against the CTP insurer of the at-fault party. A solicitor can assist you to make a CTP claim for compensation for the injuries you have incurred. CTP insurance only handles injury, and does not deal with property (including vehicle) damage.
Contact a personal injury lawyer and share your story and any evidence you have gathered. Your truck accident lawyer will assess your matter, advise you of your rights and entitlements and explain the process of making a claim.
Truck accident lawyers will investigate the circumstances of the accident meticulously and gather evidence whilst you focus on your recovery. Following this, once you have been deemed 'stable and stationary' your lawyer will brief medical specialists to examine you and provide expert evidence reports. They then formulate a report summarising how the injury has impacted you from a medical perspective and it's effect on you work and family life.
After our truck injury lawyers have gathered the evidence, they can determine what they believe to be the worth of the claim. They will then arrange a compulsory conference, in order to meet with the other side (insurer) in order to seek an informal (out of court) settlement.
Statistics show that more than 97% of compensation claims are settled outside of court. In most cases, the claim is resolved successfully during the informal negotiations, either at compulsory conference or via mediation.
In the rare occurrence that your case has not been resolved at this stage, our truck accident lawyers are able to take the claim further, in order to secure an adequate amount of compensation.
Many truck drivers and passengers are at risk of suffering serious injury when involved in a motor vehicle accident. Here are some of the most common types of truck accident injuries one may suffer from:
Most truck accident injuries are due to truck drivers' working conditions. Truck driver injuries are related to sedentary work, shift work, poor work hours, and fatigue. Sometimes truck drivers take risks for their trucking company and drive in unsafe conditions to meet deadlines. This is often caused by truck drivers being under immense pressure to meet deadlines for businesses and suppliers.
Your truck accident compensation may include four main claims. But the amount depends on the severity of your injuries, your earning capacity, your age, and whether any injuries are permanent. Here's what your truck accident compensation claim can include:
Seeking legal advice after a truck accident can educate you in regards to rights and entitlements you may have access to, that seeks to return your life as close to your pre-injury state.
It’s important to note that your entitlement to a truck accident compensation depends on who was at fault for the truck accident. In the case that you were partially responsible for the truck accident, the compensation payout you’ll receive may be reduced. In any case, even if you feel you may be at fault, truck accident lawyers can help you determine your eligibility by assessing your truck accident claim.
Your health and wellbeing is of primary importance. After any motor vehicle accident, you should seek medical treatment immediately, even if you do not feel you have been injured. Many injuries do take some time to become apparent, or may be undetectable to the untrained person.
After seeking medical attention, and once under the care of a medical practitioner/s, collect any documents that you have received from any medical appointments, identification of the other driver, any notes you have taken and anything else of note, and keep them in a safe place, together.
The idea of having to deal with a legal claim, lawyers, and more in order to receive compensation that you may believe you are entitled to, on top of recovering from an injury can be overwhelming, but it need not be. Speaking to an experienced personal injury lawyer, can allay concerns that you may have about running a claim, answering any questions you may have, and letting you know your rights and entitlements so you can make an informed choice on your next steps.
If you have sustained personal injuries as a result of a truck accident, various time limits apply based on different circumstances, however generally, you have up to three years to make a claim, starting from the date the accident occurred. If the at-fault party is not registered or does not hold a CTP insurance policy, time limits can be significantly shorter.
It is generally beneficial to start your personal injury claim as soon as possible, even simply seeking advice from a personal injury law firm as soon as possible, can give you an understanding of the claim process, according to your situation specifically. This way, the evidence and witness statements are fresh and can be presented as part of your compensation claim. In Queensland, strict time limits apply to all truck accident compensation claims but may vary depending on the circumstances of your case. Advice should be sought, even if you fall outside the time limits, as there are some exceptions that maybe relevant to you.
A successful truck accident claim is one based on a good amount of solid evidence, and one that has be run well from a legal perspective and one that is based wholly in truth.
When looking to run a successful claim, partnering with the best medical and legal team is your best bet. Experienced lawyers who have worked consistently, with similar types of claims, would certainly be a great place to start.
Keeping evidence is an important part of the process of making a claim. Some of the types of evidence you will want to collect are as follows:
This list is in no way exhaustive, and advice should be sought from a legal professional in relation to your specific situation.
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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