The aftermath of a truck accident can be confusing, painful, and frustrating. You’ve suffered a severe injury, one that might alter your life forever. You didn’t do anything wrong, and you want those responsible for the accident to face accountability.
The following provides insights into your next steps and outlines how an experienced truck accident attorney can facilitate the pursuit of justice in your case. You’ll learn why getting legal help as soon as you can will be your best – and only – chance of obtaining the compensation you deserve for all the suffering you’ve endured.
Protecting Your Health and Your Case
Hopefully, you’ve already seen a doctor. If you haven’t, please get medical help immediately. A truck accident isn’t just a horrible event. It can also trigger a great deal of adrenaline that can mask a severe injury.
Even if you don’t feel that bad, you should still see a doctor. Some injuries, such as back injuries, might not show symptoms for hours or days. But they can have terrible consequences if a medical professional doesn’t address them.
But seeing a doctor isn’t just critical for your health and vital to your case. If you don’t get medical help, the insurance company can argue the accident didn’t cause your injury. They can also say you’re not as badly hurt as you claim. That can ruin your chances of getting the money you deserve.
Keep Detailed Medical Records
Please ensure you keep meticulous records of all medical treatments. Doing so will be crucial for building a solid case when seeking compensation. Your medical records will be vital evidence illustrating the extent of injuries and the associated treatment. Keep every piece of paper that has anything to do with the following:
- Hospital visits: Dates, details of treatments received, and the names of medical professionals attending to you.
- Doctor consultations: Notes from your visits, recommendations, and prescribed medications.
- Prescribed medications: Record all medications prescribed, including dosage information.
- Therapy sessions: If you need physical therapy or rehabilitation, document the sessions attended and progress made.
- Other healthcare-related costs: Include any costs associated with medical equipment, home care, or other services you need due to the accident.
This comprehensive documentation not only helps in establishing the link between the accident and your injuries but also serves as concrete evidence of the financial burdens you’ve incurred due to the accident.
Why You Need a Truck Accident Attorney
More than 75,000 people suffered severe injuries in truck accidents, and more than 5,000 people died in the prior year.
Truck accidents involve unique complexities that distinguish them from typical car accidents. Specific regulations, industry standards, and liability issues are at play, requiring a lawyer with experience handling truck accident cases.
An experienced attorney understands the nuances of federal and state regulations governing the trucking industry, such as hours of service regulations, weight restrictions, and maintenance requirements.
Having a lawyer with a deep understanding of the trucking industry is invaluable in navigating the intricacies of your case. They can anticipate potential challenges, identify liable parties, and develop a comprehensive strategy tailored to your case’s circumstances.
Investigating the Accident
If you’re going to obtain compensation for your injury, you’ll need proof the wreck wasn’t your fault. The only way to get that proof is to investigate the accident. This investigation will be one of the most essential things your truck accident attorney will do.
A seasoned truck accident attorney’s approach to investigating an accident extends far beyond the conventional methods employed in typical traffic collision cases. Their in-depth knowledge of trucking regulations and industry practices allows them to uncover every detail that might contribute to establishing liability.
Some of the critical components of the investigation include:
Analyzing the Accident Scene
Examining the accident scene involves a meticulous review of various elements. Your attorney will photograph skid marks, vehicle positions, road conditions, and debris to reconstruct the events leading to the accident. This analysis goes beyond surface-level observations, delving into the physics of the collision to understand the forces involved and their implications for liability.
Understanding the nuances of truck accidents requires specific attention to details such as the length of skid marks, which can provide insights into the truck’s braking system and the driver’s reaction time. Vehicle positions can reveal whether the truck driver had sufficient time and space to react, shedding light on potential negligence or contributing factors.
Obtaining Witnesses Statements
Gathering firsthand accounts from witnesses is another crucial component of the investigation. An experienced truck accident lawyer understands the importance of witness testimony in establishing a clear picture of the accident. Witness statements can provide additional context, validate or challenge other evidence, and offer perspectives from different viewpoints.
An effective strategy involves identifying and interviewing all potential witnesses promptly. This includes not only individuals directly involved in the accident but also bystanders, other drivers, and anyone who may have observed the events leading up to the collision. Witness statements contribute to the narrative of the accident, helping to corroborate other evidence and strengthen the case.
Reviewing Police Reports
Police reports are critical to any accident investigation. Your attorney will scrutinize the report for accuracy, potential biases, and additional insights. Understanding the limitations and potential errors in a police report is crucial for building a robust case.
A detailed examination of the police report involves:
- Checking for any discrepancies in the recorded information.
- Accurately representing statements from involved parties is crucial.
- Assessing the overall objectivity of the report.
Consulting with Accident Reconstructionists
If necessary, the attorney may work with accident reconstructionists to provide a more accurate representation of the events. These professionals are invaluable in unraveling a truck accident’s complexities. Skilled lawyers recognize the significance of bringing specialists who can accurately recreate the accident scenario.
Accident reconstructionists employ advanced techniques, including computer simulations and mathematical models, to analyze factors such as vehicle speeds, impact angles, and forces involved in the collision. Their analyses can provide objective insights into the accident’s dynamics, helping establish causation and liability.
Engaging accident reconstructionists is especially essential in truck accident cases due to the unique challenges posed by large commercial vehicles. These professionals can assess factors such as braking distances, visibility issues, and the impact of a truck’s size and weight on collision dynamics.
Evidence Only a Lawyer Can Obtain
Only an attorney can obtain certain types of critical evidence. Much of this evidence will come from the trucking company that owns the vehicle responsible for the accident. However, attorneys can obtain subpoenas to force carriers to release evidence. These are just a few examples:
Black Box Data
The truck’s black box, or event data recorder, records crucial information about the vehicle’s performance before and during an accident. This includes data on the truck’s speed, braking, acceleration, and engine performance. Preserving this black box data is essential for reconstructing the sequence of events and determining whether the truck performed within legal parameters.
A skilled truck accident lawyer can legally compel a company to preserve the black box data. Doing so ensures that the electronic evidence remains intact so professionals can analyze it during the investigation.
Maintenance Records
Detailed maintenance records provide insights into the truck’s history of repairs and upkeep. These records can reveal whether the company regularly serviced the truck, whether they ignored known issues, and whether the company’s maintenance practices complied with industry standards.
Preserving maintenance records is critical for establishing whether mechanical failures or substandard maintenance contributed to the accident. Your truck accident lawyer can prevent the company from altering or destroying these records, preserving their integrity for use in legal proceedings.
Driver Logs
Driver logs are another key component in assessing truck drivers’ compliance with hours-of-service regulations. They provide insights into the driver’s work hours, rest breaks, and adherence to mandated rest periods. Deviations from these regulations can indicate driver fatigue, a significant factor in many truck accidents.
Preserving driver logs ensures that these critical records remain intact. Analyzing driver logs is instrumental in determining whether the driver’s fatigue or violation of hours-of-service regulations contributed to the accident.
Calculating Your Damages
Your truck accident lawyer will also use evidence to calculate your accident-related losses or damages. The reason for taking legal action is to recover those damages, which can include:
- Medical expenses: All costs associated with your injury, including hospital bills, surgeries, medications, and therapy.
- Property damage: The cost of repairing or replacing your vehicle.
- Lost income: Income lost due to time away from work during recovery.
- Lost future income: Money you may lose because you can’t return to your job.
- Pain and suffering: The physical pain, suffering and emotional toll of the accident.
- Future anticipated costs: Expenses associated with ongoing medical treatments, therapy, or potential long-term effects of the injuries.
A skilled attorney ensures that no aspect of your losses is overlooked during negotiations, leading to a comprehensive and fair compensation package.
How a Truck Accident Lawyer Determines Liability
Once your lawyer finishes their investigation, they’ll know why the accident happened and all the parties that played a role in causing it. Truck accident cases are complicated because multiple people and entities can commit negligence and contribute to a wreck. These are just a few parties your attorney may pursue for compensation.
The Truck Driver
Proving truck driver negligence is a central objective in determining liability. Your attorney’s investigation will uncover ways the driver’s behavior may have caused the accident, such as:
- Speeding: Assessing whether the driver violated speed limits or drove too fast for road conditions.
- Fatigue: Examining the driver’s work hours and adherence to hours-of-service regulations to identify signs of fatigue.
- Distracted driving: Investigating whether the driver engaged in activities that diverted attention from the road.
- Violations of traffic laws: Analyzing whether drivers disregarded traffic signals, signs, or other regulations.
Evidence gathered from the investigation, including black box data, witness statements, and accident reconstruction analyses, plays a crucial role in establishing the driver’s negligence.
The Trucking Company
In many truck accident cases, the trucking company may share liability for the accident. A thorough investigation into the trucking company’s practices involves looking for evidence of:
- Inadequate training: Assessing whether the driver received proper training for handling the specific type of truck and cargo.
- Poor maintenance practices: Checking maintenance records to identify any lapses in upkeep, repairs, or addressing known issues.
- Placing undue pressure on drivers: Investigating whether unrealistic delivery deadlines or expectations contributed to the accident.
Establishing the extent of the employer’s responsibility is vital for pursuing comprehensive legal action and seeking appropriate compensation.
A Manufacturer
Sometimes, the root cause of a truck accident lies in a defective truck part or faulty equipment. For example, your attorney’s investigation can identify components that may have malfunctioned or contributed to the accident.
Determining the full scope of responsibility is essential for pursuing the appropriate parties, including the manufacturer or distributor of the defective product, and seeking compensation for damages.
Fighting the Insurance Company
Commercial trucks must typically carry anywhere from $750,000 to one million dollars in liability coverage. The reason is the injuries resulting from truck accidents are typically severe and cost significant money to treat.
Insurance companies fight aggressively to protect these policies at all costs. You need a truck accident attorney who will fight just as hard.
Negotiating with an insurance company is challenging, but a skilled lawyer will be up to the task. Insurance companies often employ teams of adjusters and legal professionals, and having a lawyer levels the playing field. Here are a few ways your attorney can do just that:
- Advocating on your behalf: Protecting your rights and effectively presenting your case.
- Navigating complex negotiations: Addressing any challenges or disputes that may arise during the settlement process.
- Pushing for a fair resolution: Using their experience to secure a settlement that adequately compensates for your losses.
Please Don’t Hesitate To Contact a Truck Accident Lawyer
Hiring a personal injury lawyer will be one of the most crucial decisions you’ll ever make. An effective lawyer can help secure your financial future so you can focus on recovering from your injury. Please get in touch with a legal professional as soon as you can.
