If you or a loved one suffered injuries as a result of an accident involving a truck, you are most likely in pain and trying to determine your next steps. A truck accident lawyer can identify the liable party or parties, collect evidence, interview eyewitnesses, negotiate with the insurance company, and take the case to trial if necessary, on your behalf.
A truck accident attorney can handle all aspects of your case while you focus on healing or taking care of an injured family member due to an accident that was not your fault.
Determining Liability in a Truck Accident Case
Truck accident cases tend to be more complex than vehicle to vehicle crash cases. You may believe the truck driver is the only party at fault for the accident. But there may be more than one responsible party to hold accountable for your injuries and losses. Potential defendants in a truck accident case may include, but are not limited to:
- The truck driver
- The trucking company
- The truck manufacturer
- The shipping company (that loaded the cargo)
- Insurance companies
- Government entities
If the truck driver is an independent contractor of a larger truck company, an issue may be how much supervision the company executes over their contractors. The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucks on the U.S. roads.
Perhaps a part on the truck failed during transport causing the accident. That might mean the truck manufacturer or the company that makes the part bears some liability. A truck accident lawyer can identify all of the liable parties in your particular case and hold them responsible in a lawsuit.
Building a Compelling Case
Whether compiling a claim to present to the insurance company or presenting your case to a jury in court, a truck accident lawyer can do all of the following while you focus on your recovery:
- Investigate and collect evidence in your case, including police reports, videos or photos from the accident scene, any data from the truck’s onboard electronic information system, eyewitness statements, expert testimony, and more.
- Gather and compile all of your medical bills and expenses relating to the injury in addition to any documents that prove loss. According to the Centers for Disease Control and Prevention (CDC), car accident injuries often require emergency medical care in a hospital.
- Identify all potential liable parties and insurance carriers.
- Negotiate with the insurance companies for a fair settlement on your behalf.
- Take the case to trial if the insurance companies refuse to settle.
This is why you or your loved one may be facing serious injuries that require hospitalization, multiple surgeries, assistive medical devices, and costly rehabilitation.
You should not have to battle with the insurance companies on your own for the compensation you deserve. A truck accident lawyer can take on the insurance adjuster and file all relevant documents in your case so you can rest and recover while focusing on your family’s needs.
Proving Your Truck Accident Case
You know you are not at fault for your accident. But you must prove this in your insurance claim or in court. There are four basic elements of negligence in personal injury cases involving vehicle accidents. A person injured in a truck accident must prove:
- The truck driver owed you a duty of care to drive reasonably and safely.
- The truck driver breached or violated that duty of care.
- That breach of care caused you or your loved one’s injuries.
- You or your loved one suffered damages and losses due to those injuries.
Damages you may receive in a personal injury lawsuit may fall under the category of economic or noneconomic. Economic damages include medical expenses, loss of income, and property damage. Noneconomic damages may include pain and suffering, mental anguish, loss of enjoyment of activities you can no longer engage in, and loss of consortium.