Truck Accident Lawyers in Melbourne – Injury Compensation Specialists
Our expert truck accident lawyers support injured drivers, passengers, and other road users in the injury compensation claims process.
A commercial truck accident can result in severe injuries, from spinal cord damage to traumatic brain injuries, and can have a devastating impact on your life.
Navigating the claims process after such an incident can be complex and stressful, particularly when multiple parties may be liable. This is why it’s essential to get advice from a law firm that specialises in truck accident compensation claims.
Our legal team can assist with every type of motor vehicle accident claim in Melbourne and across Victoria.
Whether you were the truck driver, or a motorist, a cyclist, or a pedestrian on the road during an accident, we can guide you through the legal process and protect your rights.
At Fittipaldi Injury Lawyers, we operate on a No Win, No Fee basis, so you have nothing to lose in finding out how we can help you secure the maximum compensation you deserve after an accident involving a truck.
Commercial Truck Road Accidents
What are Commercial Truck Accidents?
Commercial truck accidents can involve semi-trailers, heavy rigid trucks and other large commercial vehicles.
Because of their size and weight, these types of road accidents can cause severe injuries, including spinal cord damage, traumatic brain injuries and fatalities.
The severity of your injuries can determine the type of claim you can make and the compensation you may be entitled to.
In Victoria, heavy vehicle crashes are a serious road safety concern and in 2021, 163 people died in crashes involving heavy vehicles in Australia. The impact can be long-term, with medical treatment, rehabilitation costs and time off work often required.
If you have been injured in a truck accident, you may be able to claim compensation through the Transport Accident Commission (TAC), WorkCover if the accident occurred during employment, or other legal avenues such as a public liability claim.
Speaking with a truck accident lawyer from a law firm that specialises in personal injury claims will help you understand your rights, meet deadlines and follow the correct claims process.
Types of Truck Accidents:
There are many types of truck accidents that can occur, with responsibility and causes varying. Fatigue is a major contributor to heavy vehicle crashes.
Both the truck driver and the trucking company can be liable if rest break requirements were ignored or logbooks were falsified.
- Rear-end Collisions: When a truck hits the back of another vehicle, the force can cause major damage and serious injuries. Liability often rests with the truck driver for inattention or excessive speed, but other motorists may also contribute.
- Jackknife Accidents: Occur when the trailer swings out at a sharp angle to the cab, often caused by sudden braking, poor road conditions, or unbalanced loads. Responsibility can extend to the driver, trucking company, or freight loader.
- Underride Accidents: Smaller vehicles can become lodged under a truck’s trailer, often with fatal consequences. Liability may involve the driver, trucking company, or manufacturer if underride guards were absent or defective.
- Rollover Accidents: High speed, sharp turns, or unsecured cargo can cause a truck to roll over. Fault can lie with the driver, freight company, or even government authorities if road maintenance was a factor.
- T-Bone Accidents: When a truck strikes the side of another vehicle at an intersection, injuries are often severe. Liability may be shared between the truck driver and another road user depending on signals and right of way.
What’s Covered in a Truck Accident Injury Claim in Victoria?
The TAC’s no-fault scheme means you can access certain benefits regardless of who was responsible for the accident. These may include:
- medical expenses: hospital bills, surgeries, rehabilitation costs, prescription medication, and ongoing treatment.
- lost income: weekly payments if you can’t work while recovering.
- rehabilitation costs: therapy, home modifications, and specialised equipment to aid recovery.
- lump sum payments: for permanent impairment if your injuries meet the eligibility criteria.
If your injuries are serious and another party was at fault, you may also have the right to pursue a common law claim.
This can provide additional compensation for pain and suffering, psychological injuries, loss of enjoyment of life, and future loss of earning capacity.
Our team will review your situation to determine how much compensation you may be eligible for, including other claim types such as TPD claim payouts, private insurance benefits, or public liability compensation.
What To Do If You Have Been In a Truck Accident
The process can seem overwhelming, but we’ve broken it down into steps to help you understand what to expect.
Remember, your health is first, so always seek medical attention immediately after a road accident before you start the claim process.
Immediate Medical Attention: Seek medical help immediately after an accident. Your health is first, and prompt medical attention can also be substantial evidence in your claim. Whether you have traumatic brain injuries, spinal injuries or other severe conditions, having detailed medical records is critical.
Gathering Evidence: Collect police reports, witness statements and medical records to support your claim. This evidence is critical to proving the extent of your injuries and what happened in the accident. Our team will help you gather and collate all the necessary documents to build your case.
Lodging Your Claim: To be eligible, submit your claim within the time limits. The sooner you submit your claim, the sooner we can start getting you your compensation. Our truck accident lawyers will guide you through the process and ensure all paperwork is completed and submitted on time.
The Truck Accident Claim Process
We handle every step of the claims process so you can focus on recovery.
- First Consultation:
We offer a free case review with our truck accident lawyers to discuss your accident, injuries, and legal options. We’ll explain your rights, outline TAC time limits, and assess whether other options, such as WorkCover claims, may also apply.
- Gather Evidence:
We collect the documents and records needed to prove your claim, such as medical reports, police records, witness statements, and proof of lost income. These help establish liability and the severity of your injuries to ensure you receive maximum compensation.
- Lodging Your Claim:
We prepare and lodge your TAC claim form and ensure all necessary details are accurate and complete. Strict deadlines apply – generally within 12 months of the accident.
- Negotiation and Settlement:
We negotiate directly with the TAC, insurance companies, and any other liable parties to secure the best possible settlement. Our goal is to achieve the maximum compensation payout available for your situation.
- Court Representation:
If a fair settlement cannot be reached, our legal team is ready to represent you in court to fight for the compensation you deserve.
Why You Need Legal Representation in Truck Accident Claims
Truck accident claims can be more complex than other road accident matters because they often involve multiple parties and higher financial stakes.
Having an expert team ensures your claim is lodged correctly and on time, all potential compensation sources are identified, you have expert negotiation on your side to maximise your payout, and you are protected against tactics used by insurers to limit payouts.
With our expert advice and No Win, No Fee policy, you can get the help you need without any upfront legal fees, ensuring fair access to the claims process for all accident victims.
Multiple Liabilities in Truck Accidents:
Get the Most Compensation
Regarding truck accidents, liability can be complicated, and multiple parties may be involved. Unlike car accidents, truck accidents require a multi-layered approach to get the most compensation.
Here’s how our expert truck accident lawyers tackle these complexities to get you the most compensation.
Common Law Claim
If the truck driver or another party was at fault, we will pursue a common law claim for damages in addition to the TAC claim.
To be eligible, you must have a permanent impairment of 30% or more as assessed by the TAC or obtain a ‘Serious Injury Certificate’.
Common law damages can cover pain, suffering, and future economic loss if negligence is proven. This will usually get you more compensation than TAC benefits alone.
Multiple Liable Parties
Truck accidents are more complicated regarding liability than motor vehicle accidents. Our lawyers will investigate to identify all liable parties, which can include:
- The Truck Driver: The person driving the vehicle.
- The Trucking Company: Employing qualified drivers and maintaining the trucks.
- Freight Loading Companies: Loading the cargo safely and securely.
- Truck Manufacturers: Fixing any vehicle defects.
- Government Entities: Road conditions that contributed to the accident.
- Other Negligent Drivers: Caused or contributed to the accident.
By claiming against multiple parties, we increase the number of potential sources of compensation.
Other Insurance Policies
In addition to TAC and common law claims, we will also claim under other insurance policies you may be eligible for:
- Workers Compensation: If the accident occurred at work.
- Income Protection: To cover your lost wages while you recover.
- Total and Permanent Disability (TPD): For severe life-changing injuries.
- Private Health Insurance: To cover additional medical expenses.
How Much Will It Cost to Make a Truck Accident Claim?
With Fittipaldi Injury Lawyers, making a truck accident claim doesn’t have to cost you anything upfront.
Our law firm offers a complimentary, free consultation to assess your claim and explain your options, including possible compensation amounts.
No Win, No Fee means you only pay if we win your case, and all legal costs are discussed clearly before you proceed.
This means you can focus on your recovery without worrying about legal expenses or delaying your claim due to cost concerns.
Why Fittipaldi Injury Lawyers?
Expert Advice
Our team of personal injury lawyers will guide you through the whole process so you understand every step.
We have years of experience with truck accident claims, so we know how to navigate these types of cases.
Personal
We offer personal service, tailoring our service to your individual needs and circumstances.
We take the time to understand your situation and work closely with you to achieve the best result.
No Win, No Fee
Our no-win, no-fee lawyers policy means you don’t pay any legal fees if we don’t win your case. So you can claim without upfront costs.
Precise
We believe in clear communication. We’ll keep you updated on the progress of your case so you’ll always know where you’re at and what to expect.
Results
Our results speak for themselves. We aim to get the best outcome for our clients, and our results prove this.
Personal Service
We know how a truck accident can affect your life and are committed to providing individual and supportive service.
Our team of car accident lawyers are with you every step of the way.
Testimonials
Thank you to Gennaro and Madeline for resolving my injury claim quickly and professionally. It was my first time using a lawyer and they made the experience easy and communicated well with me throughout the entire process. I would certainly recommend them to anyone who needs an injury lawyer.
Fred F
It has been an absolute pleasure to work with Gennaro and his wonderful team. Their professionalism, legal knowledge, advice and above all, empathy for client are second to none. I would highly recommend their services to anyone looking for help in personal injury matters.
Eugene L
Gennaro and the team were a great help in settling my case, would recommend if someone needs an injury lawyer.
Daniel A
FAQs
Do I need a truck accident lawyer?
Yes, having an experienced road accident lawyer will increase your chances of a successful claim and get you the maximum truck accident compensation. Our truck accident lawyers will guide you through the process, from gathering evidence to negotiating with insurance companies.
How much will a lawyer cost me?
With our No-Win, No-Fee policy, you only pay if we win your case. There are no upfront costs for legal services, so you can claim without financial risk.
Can I get a lump sum?
How long until I can receive my lump sum?
The time frame for a lump sum varies depending on your case. We’ll work to get it done as quickly as possible and keep you updated every step of the way.
How do I claim medical expenses from the TAC?
TAC covers medical expenses. We’ll help you lodge a claim so that all your medical costs are covered. This includes hospital bills, rehabilitation costs, and any ongoing treatment.
If I was at fault, do I have entitlements?
Even if you were partially at fault for the road accident, you may still be entitled to some benefits under the TAC scheme. Our lawyers will help you understand your rights and explore all options.
