Thousands of commercial trucks ply the highways and streets each day, delivering supplies necessary for our economy to function effectively. However, when accidents involving such large trucks occur, the damage that may arise is often devastating. Truck accidents are some of the most horrific things to happen on our roads today, causing victims a lot of harm, disabilities, and, worse still, loss of life. In case you or a member of your family has had an accident with a commercial truck recently, the situation may seem daunting to you.
That is when the services of a knowledgeable truck accident lawyer come in handy. Having competent legal counsel may be the difference between recovering justly compensated losses or getting nothing at all. This article seeks to highlight the importance of hiring a reputable truck accident lawyer, their roles and responsibilities, and how to pick the best among many.
Understanding the Complexity of Truck Accident Cases
Truck accidents differ entirely from ordinary car accidents. The reason behind this is that trucks weigh a lot compared to an ordinary car; typically, a truck weighing at least 80,000 pounds can be classified as such when fully loaded. However, apart from the physical damages caused by trucks, their legal intricacies are considerably more complicated.
Several different parties may be liable in an accident involving a truck. This may range from the truck driver themselves to the trucking company, the company which loaded the cargo onto the truck, the vehicle manufacturer, or even a third party providing maintenance services for the truck. It takes a lot of analysis and expertise to establish the party at fault.
Trucking companies have very specific laws and regulations that they follow and that are enforced by the FMCSA. They involve things such as how long a driver can drive for and how cargo should be secured properly. If those regulations are not followed, they usually play an important part in causing an accident. A knowledgeable trucking accident lawyer will know exactly where to find proof and evidence.
What an Experienced Truck Accident Attorney Does for You
1. Thorough Investigation
One of the early and vital stages that an attorney undergoes is to conduct a thorough investigation into the accident. This involves visiting the accident site, taking pictures, talking to witnesses, and retrieving the truck’s black box data, commonly referred to as the ECM (Electronic Control Module). It captures essential details of the car, including its speed and engine functioning prior to the crash.
In addition, your lawyer will ask for the logbooks, job records, training history, and drug/alcohol test results of the truck driver. The reason for this is because such documents might expose the negligence of the trucking company.
2. Identifying All Liable Parties
As has been stated above, liability in a case involving a truck accident does not usually rest on a single individual. It is necessary for a competent lawyer to find out which other parties could be responsible for the accident. This is crucial since it ensures that you get a full amount of compensation.
3. Calculating Your True Damages
Many of those injured in accidents do not appreciate all the damages they have incurred. Your damage amount should include much more than your present-day medical charges. An experienced truck accident lawyer will consider any future medical costs, past and future earnings you may miss, your loss of earning capacity, physical therapy, psychological distress, and pain and trauma.
In serious cases, costs for extended care may be included. By assessing your entire loss, your lawyer makes sure any settlement or judgment properly covers your needs.
4. Handling Insurance Companies
The trucking industry maintains substantial insurance policies that have a history of being adept at reducing their liability for payment. From the instant the accident takes place, the insurance adjusters and lawyers will start fighting to save themselves, rather than you.
An experienced truck accident lawyer is an equalizer. He/She will handle all communications with the insurance company, keep you from making any statements that could be detrimental to your case, and work tirelessly for your due compensation.
5. Litigation When Necessary
Although some truck accident cases settle out of court, others must resort to litigation. When the insurance company fails to provide you with a reasonable settlement, you will need to ensure that your lawyer is prepared to argue your case in court. A lawyer with prior courtroom experience will feel no fear in doing so, as he or she will argue your case strongly in front of a judge and jury.
Why Trust and Experience Matter
If your well-being, money, and future ride on the success of your case, you simply cannot hire an inexperienced attorney who may lack the expertise needed for your unique situation. This is why experience and trustworthiness are absolutely essential traits in any truck accident lawyer.
Expertise in Law: Laws governing federal trucking, traffic violations, and insurance are complicated. Experienced lawyers not only know all about it but how to apply the various aspects in a particular situation.
Real-Life Experience: A lawyer that has represented many victims in similar truck accident claims possesses valuable experience that one learns beyond books. They have encountered many defense methods and are equipped on how to fight against them.
Your Best Interests at Heart: An honest lawyer hears your story, empathizes with your situation, and keeps you informed during the whole lawsuit process. Never make yourself feel as just any other case number.
Contingency Fee Arrangement: A majority of respectable truck accident lawyers charge fees under a contingency fee arrangement, whereby their clients will not be required to pay for anything unless they succeed in the lawsuit.
Common Causes of Truck Accidents
Familiarizing yourself with the main factors that lead to truck accidents will assist you in proving negligence on your part. These include:
- Driver fatigue: This happens as a result of truckers being forced to adhere to strict delivery timelines, which means ignoring their mandatory rest periods.
- Distraction: Use of phones while driving is one of the key reasons for distraction.
- Speeding and dangerous driving: Some motorists engage in speeding or dangerous driving, particularly when traversing highways over distances.
- Wrong cargo load: Overloading or unloading cargo leads to overturns or loss of control of the truck.
- Inadequate vehicle maintenance: Brakes that fail, tires that burst, and other problems associated with neglectful maintenance are leading causes of accidents.
- Driving while intoxicated: Intoxication with alcohol or drugs continues to be a problem among truck drivers.
Steps to Take After a Truck Accident
In the event of an accident involving a truck, these are some of the steps that one needs to follow:
- Seek immediate medical help even if you don’t have any symptoms of injury; some injuries may not become apparent until much later.
- Contact the police department and make sure that there is an incident report generated.
- Take pictures and videos of the vehicles, the road, and the injuries that have occurred.
- Collect the contact information of witnesses and other individuals involved in the accident.
- Avoid making any statements to the insurance adjuster of the trucking company without your lawyer present.
- Hire an attorney who has experience in handling truck accident cases right away.
Conclusion
One minute you are going about your business, but the next second a truck accident may have left you on your heels. The journey back to normalcy will certainly not be an easy one, but you do not have to go through it alone. Hiring a qualified truck accident lawyer will give you access to the information and the guidance that you require to win the battle. You owe it to yourself to fight for everything you deserve. Contact a competent truck accident lawyer today to learn more about how we can help you.
