Guide to Filing a Truck Accident Claim in Wyoming

Here are a few laws your Wyoming truck accident lawyer can assist you with understanding how truck accident lawsuits work:

Modified comparative negligence – Wyoming’s 51 percent rule means that if you are at or above this number in regard to liability, you cannot recover any damages.

Multiple liability parties – Your lawyer determines everyone who’s at fault. It may not just be the truck driver. The trucking company, cargo loaders, or manufacturers may bear some responsibility.

Local and federal regulations – Trucking companies must follow Wyoming and Federal Motor Carrier Safety Administration (FMCSA) regulations. Your attorney understands the complexities associated with these rules.

Insurance challenges – High coverage limits mean insurers aggressively dispute claims.

Statute of limitations – In Wyoming, you have four years to file personal injury claims. A wrongful death claim must be filed within two years of the date of the accident.

Continue reading for advice on how to file a truck accident claim in Wyoming.

Immediate Steps to Take After a Truck Accident

The first thing you need to do after being involved in a truck accident is to prioritize your safety and the well-being of any other occupants of your vehicle. Call 9-1-1 to report the accident and request medical assistance.

Even if you’ve only received minor injuries, seek medical attention. This creates a paper trail that your legal team can use to show the extent of the bodily harm the accident caused you.

If possible, take photos of the accident scene and of your injuries. Be sure to capture the road conditions, positioning of the vehicles involved, and any potential road obstructions that may have contributed to the accident.

Exchange insurance information with the other party (or parties); however, do not admit to any fault or involvement that led to the collision.

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Understanding Liability in Wyoming Truck Accidents

As mentioned, if you are found to be 51 percent or more liable for the accident, you are not entitled to receive any compensation. If investigators determine that you have some liability, you can recover damages, but the compensation is reduced by the percentage you are deemed liable for.

For example, if it’s found that you bear 35 percent liability for the accident, this percentage amount is deducted from the total damages awarded (i.e., if the total damages amount to $100,000, the plaintiff receives $65,000 after the 35% deduction).

In situations like this, it’s your lawyer’s job to prove who the liable party is. We also mentioned that there can be more than one person found liable, such as the truck driver, the company that employs him, a vehicle manufacturer, or the cargo loader.

A good truck accident attorney in Wyoming investigates the accident evidence and witnesses, handles negotiations with insurance companies, and ensures compliance with all state and federal laws.

How Do Semi-Truck Accident Lawsuits Work?

When filing a truck accident lawsuit, there is an order in which the process unfolds. Here’s a quick breakdown:

1. Contact an Attorney

As you are likely aware, you want to hire an attorney to represent you and aggressively fight for all the compensation you deserve.

For example, you may be entitled to financial damages for medical expenses, lost wages, property damage, physical rehab costs, and/or future medical expenses.

Additionally, you may receive monetary compensation for pain and suffering, emotional distress, loss of enjoyment of life, and/or loss of consortium.

In cases of gross negligence or intentional misconduct, you may be eligible to receive punitive damages.

2. Investigation & Evidence Gathering

Law enforcement and insurance adjusters may conduct accident investigations, which can be used to support your claims. Your lawyer gathers this information, including medical records, police reports, and witness statements in order to strengthen your case.

3. File a Claim

With evidence in hand, your attorney files a claim. A typical accident-injury case can take anywhere from a few months to several years – depending on the severity of injuries, whether or not liability is disputed, insurance negotiations, and if a settlement cannot be negotiated and the case goes to trial.

4. Negotiations & Settlements

Many cases are settled out of court. This reduces the time it takes to be compensated; however, it’s important that an experienced personal injury lawyer handles the negotiations, as it’s the guilty party’s attorney’s job to mitigate the sum of money paid out.

5. File a Lawsuit

When your legal team and the opposing attorney cannot agree on fair compensation, your lawyer files a lawsuit. This can draw out the claims process by requiring a court hearing. Note that the case may still be settled out-of-court if the attorneys find common ground.

6. Go to Trial

At your court hearing, you may find yourself in either a bench trial – in which only a judge hears the evidence and determines liability, or a jury trial – that involves a jury of peers determining liability.

Compensation You May Be Entitled To

We briefly mentioned the types of compensation you may be entitled to, which can be broken down into three main categories:

• Economic damages – These are tangible financial losses, such as medical bills, hospital stays, surgeries, rehabilitation, and prescriptions. They also include lost wages due to missed work and property damages to repair or replace your vehicle.
• Non-economic damages – This covers intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
• Punitive damages – If gross negligence or an intentional act was made to injure or harm you, the at-fault party may incur additional monetary punishment for their actions. Common occurrences in truck accidents include drunk driving and falsifying driving logs.

Why You Need a Truck Accident Attorney in Wyoming

You want someone you can trust to fight for your rights and the compensation you deserve. You don’t want to have to deal with the guilty party’s insurance company or manage the legal filings.

Not to mention, you want to get as much compensation as you can, and it’s your lawyer’s job to fight to maximize your payout.

Furthermore, you want a competent, experienced trial attorney on your side if the case winds up in court.

Have You Been in a Truck Accident in Wyoming?

If you’ve been injured in an accident in Wyoming that involves a truck, you want an experienced Wyoming truck accident lawyer on the case. With so many intricacies involved in the accident claim process, it’s vital that you have an advocate you can trust and who can navigate them with expertise.

The attorneys at Stinson Law Group have the experience and expert knowledge needed to represent your best interests. Our legal team has fought and won countless cases both in and out of court. We are ready to fight for you.

Please contact our team today to discuss your case and to discover how we can help.

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