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Guide to Winning a Truck Accident Claim

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 15, 2026

Read Time: 4 mins

Getting hurt in an auto accident can impact your life in many ways, but the consequences tend to be even more severe when the accident involves a commercial truck. The physical, financial, and emotional losses following a truck accident may seem insurmountable, but this guide to winning a truck accident claim can help those who have been injured recover maximum compensation for their injuries with the help of a skilled truck accident lawyer.

What to do after a truck accident

Evaluate and report. Safety is always the top priority. When you have been involved in a truck accident, call to report an emergency. If possible, check to see whether anyone else was injured. Regardless of whether you were injured, obtain a medical evaluation anyway; often, symptoms of an injury develop days, or sometimes weeks, later. You will also need to inform your own insurance company of the accident, even if it was not your fault.

Document. Your claim will be more successful if you can gather evidence at the scene. This includes:

Identifying information for the truck and driver, such as the license plate number, driver’s name and license number, name of the trucking company, and insurance company
Names and contact information of witnesses
Photos of the vehicles involved, the road conditions, injuries caused by the accident, and bystanders who may have witnessed the crash

Speak with an attorney. The sooner you speak with an attorney, the sooner you can obtain an informed assessment of your rights. The sooner you choose an attorney, the less pressure you will receive to make a decision that is against your best interests; insurance adjusters and defense lawyers will likely contact you soon after the accident to coax a low-value settlement, but when you are represented by a lawyer, your handle will handle these communications for you.

Do I need an attorney?

There is no substitute for an experienced truck accident attorney when it comes to obtaining full compensation for a personal injury. The injuries caused by a truck crash can be life-altering and even fatal, and a lawyer is statistically likely to secure significantly higher compensation than self-representation. If you are confident that your injuries are minor, such as mild whiplash, you may be able to successfully negotiate your own insurance claim. However, even mild injuries often turn out to be more severe than originally thought.

Steps in a truck accident claim

Communication. The trucking company’s insurance company may contact you soon after the accident. You do not need to speak with them; instead, direct them to your attorney. Anything you say to the other party’s representative can be used against you to devalue your claim.

Investigation. Accidents involving semis or other commercial trucks can be complicated, but to succeed in your claim, you need to be able to demonstrate the cause and legal fault of any defendant. Your attorney will work to obtain valuable and necessary information before it can be lost – this includes information about the driver, truck maintenance logs, and witness information. Often your attorney will retain expert witnesses to examine the truck or visit the scene to reconstruct the crash.

Valuation. Truck accidents are much more likely to cause fatal or severe injuries than other types of auto accidents, so they can also cause greater monetary losses. Your attorney will gather proof of your injuries, as well as the financial impact they have, to arrive at a value for your claim.

Demand and negotiation. Your attorney will draft a formal demand putting in writing the financial amount needed for a fair resolution of your claim, as well as the reasons why. The parties often engage in settlement discussions, and if they cannot reach an agreement and one is not already pending, you may need to file a lawsuit. Your attorney will have already calculated the date the statute of limitations expires so that your lawsuit is filed in time.

Go to court. If you do not settle, your truck accident lawyer will prepare your case for trial. The litigation process requires exact compliance with detailed court rules and timelines so your lawyer will draft a complaint and other court filings, engage in the discovery process, gather and present evidence, and take the case to trial if necessary.

Discuss your case with a lawyer today

If you do not receive a full and fair settlement, there is no second chance to re-open your claim. It is crucial to speak with an attorney as soon as possible after your accident to make sure your interests are protected. Speak with a truck accident lawyer at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. today to discuss your case. Our attorneys are committed to helping injury victims; consultations are always free and confidential.

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   LWelsh 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 51 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 115 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 118 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 166 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 173 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 176 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Guide to Winning a Truck Accident Claim

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