If you’re debating whether or not you need an attorney to handle your truck accident case, it’s a good idea to know what an attorney performs. While some car accident cases can be handled without the assistance of a lawyer, this is nearly never the case with truck accidents. Accidents involving trucks can be tricky. They are governed by several laws and frequently involve multiple parties. Trying to figure out the process on your own can be frustrating and time-consuming. Furthermore, collisions involving large vehicles can result in serious and life-threatening injuries. So, how can a lawyer assist you?
- You must have prior experience. When you file a truck accident lawsuit, many things come into play. When you file a claim for damages against a person or a company, you must be aware of the applicable legislation. What is the time limit for filing a lawsuit? Is some evidence admissible in court? How long will it take to complete the process?
Your entitlement to compensation may be harmed if you make a mistake. Missed evidence might drastically reduce the amount of money you can get back. In the event of an accident, trucking companies hire a team of lawyers to defend them. This is not a process you should attempt on your own.
Most personal injury attorneys have ties in the medical area in addition to having a legal grasp. This means they can link you with specialists, refer you to doctors who accept your insurance, and assist you postpone payment until your case is resolved. A long-standing contact with local doctors and health-care providers also aids in the discovery and retrieval of records.
- Demonstrating flaw. It should come as no surprise that establishing liability is one of, if not the most critical, elements in a personal injury case. Who is responsible for paying damages will be determined by who is at fault. As a result, it is one of the most thorny issues in a personal injury case. While fault may appear to be straightforward, there are often other factors to examine.
According to the Federal Motor Carrier Safety Administration, one driver-related factor was implicated in nearly 32% of all fatal crashes involving heavy trucks in 2017. This suggests that in these incidents, the truck driver bore at least some responsibility. The most common contributing factor was speeding.
Even in circumstances where fault is clear, the opposing party may contest whether the collision caused your injuries. This is one method used by insurance companies to avoid paying claims. The insurance company will not pay if they can show that the collision was not the cause of your injury. An experienced attorney can assist you in determining the cause of your injury and whether the event aggravated any pre-existing issues.
This could involve the following:
- Witnesses who are experts
- Records of medical care
- Statements of purpose
- Testimony from witnesses
- Reconstruction of an accident
- Identifying who is liable. Commercial trucking is a huge industry. In the United States, there are over 500,000 trucking companies and over 15 million trucks on the road. When it comes to truck accidents, it’s not only about the driver; it’s also about who hired the driver, who maintained the truck, and who manufactured the truck. Even if only two vehicles are involved, truck accidents can involve several participants. Due to the fact that trucks are business vehicles, culpability often extends beyond the driver.
Those who may be held accountable include:
- Employer of the driver: Employers are responsible for hiring qualified drivers. What does it mean to be qualified? Employers must ensure that all employees meet the legal requirements to operate a large truck, have completed the required training, and are in good physical condition. Furthermore, the employer should ensure that the driver does not exceed the maximum driving hours and that frequent drug testing is made available to the driver. The employer could be held accountable if the driver was negligent or broke the rules.
- The owner of the truck: The owner of the truck and the employer may or may not be the same person. Employers will occasionally lease or use trucks from a different company. This business should ensure that the truck is up to code and well-maintained.
- Manufacturer of the truck or parts: According to the Large Truck Crash Causation Study, one catastrophic vehicle failure played a role in 10% of all incidents studied. Tire blowouts, brake troubles, and steering issues were all common problems. While some of these problems were caused by poor maintenance, vehicle and part defects can cause accidents. When this happens, the vehicle or part manufacturer may be liable for some or all of the costs.
- Collecting evidence Any personal injury case necessitates the use of evidence. It can assist in establishing liability and damages. Some of this evidence may be readily available at the scene, while others may necessitate a legal request or third-party collaboration. A personal injury lawyer will have access to more data and information than the average citizen.
Your lawyer may ask for the following evidence:
- Driver records: An unqualified driver poses a risk to other road users. Employment records, criminal histories, and DMV records can all be used to assess whether or not the truck driver should have been on the road in the first place.
- Records from cell phones: Distracted driving claimed the lives of 3,166 people on the road last year. Cell phone use is one of the most serious issues that all drivers face. Most drivers, on the other hand, will not acknowledge to being on the phone at the time of an accident. A request for cell phone records can be used to establish liability and may result in punitive penalties.
- Surveillance video: Video surveillance can be crucial evidence in cases where there is a question of fault. The crash may have been recorded by nearby businesses or traffic cameras.
- Medical files: Your medical records, as well as the medical records of the other driver, can be quite useful. An undiagnosed medical condition could shed light on the accident’s events. Your previous medical records may be able to shed light on your symptoms following an accident.
- Expert witnesses include: It can be beneficial to speak with an expert in the field to discuss injuries, accident mechanics, or other elements at play. These expertise are in high demand and come at a price. A personal injury lawyer can assist in locating qualified witnesses and determining their significance to the case.
- Legal records: Trucking businesses are required to follow specific regulations. Knowing that a corporation has committed a number of recent infractions can make a significant impact in your case. A personal injury lawyer will know what questions to ask, what papers to request, and how to obtain the information you require.
- Damages are calculated. How can you figure out how much an injury is worth? The truth is that there is no simple formula for calculating how much an accident is “worth.” Many factors will be considered by your truck accident lawyer. What are the extent of the injuries? What does it take to get back on your feet? Were there any previous injuries that needed to be addressed? Insurance companies are notorious for downplaying injuries and will try to persuade you to confess fault or absolve them of part of their driver’s responsibilities.
An experienced truck accident lawyer is familiar with the strategies used by insurance companies. They can assess your case and determine a reasonable amount of compensation for your losses.
The amount you’ll need is determined by a variety of circumstances, but in a personal injury case, the following items are frequently considered:
- Medical bills: Truck accidents can result in significant injuries that require long-term or even life-long treatment. While your PIP policy may cover some of these expenses, it is unlikely to cover all of them. A personal injury claim may be able to assist you in recouping the costs of your care. Doctor appointments, operations, medical transportation, medication, medical devices, and recovery are all examples of this. These fees may be added to your eventual recovery if your doctor anticipates long-term care.
- Wages lost: You may be eligible for time-loss compensation if your injuries lead you to miss work. These benefits usually begin on the first day you are off from work and end when you return. If you are unable to return to work, your lawyer can assist you in obtaining future pay.
- Every injury is unique in terms of pain and suffering. While some symptoms may fade after a few weeks, others may last for years after the initial damage. Even seemingly minor injuries, such as whiplash, can result in persistent pain years later. Following an accident, a skilled personal injury lawyer will recognize this expense and factor it into your ultimate payment.
- Loss of companionship: A traumatic brain injury can render a person unable to converse or speak. Someone with a spinal cord injury may find it challenging to care for their family or express physical affection. Emotional damage can drastically alter a relationship’s dynamics. When a personal connection is harmed as a result of an injury, the people involved may be entitled to compensation.
- Loss of enjoyment: Serious injuries can make it difficult to accomplish the things you used to do before the accident. It can damage your quality of life when pain or injuries limit you from doing things you enjoy. This is not a minor setback. A personal injury lawyer can assist you in pursuing damages to compensate you for your losses.
- Accidents involving huge vehicles might result in wrongful death. Commercial vehicles can outweigh passenger cars by a factor of 20 to 1. A lawsuit for a truck accident can help you recover all appropriate burial and funeral costs, as well as outstanding medical bills, lost income, and pain and suffering.
- Negotiations about insurance. Insurance companies almost seldom provide their best offer at the start of a case. Often, their finest offer isn’t even their second or third offer. To recover adequate damages, it may be necessary to take the insurance company and the shipping business to court. Negotiations with insurance companies and any other responsible parties can be difficult, time-consuming, and frustrating.