There were nearly 13.65 fatal truck accidents for every million people in the United States in the past two years. If you are one of the unlucky ones and get caught up in one of these incidents due to the negligence of another driver, you may be wondering what your actions should be now.
Though filing a lawsuit may not be your first reaction to an accident, it is potentially the best option for those looking to pursue full restitution for their damages.
Keep reading for everything you need to know about filing a truck accident lawsuit.
In this article
Legal Representation
When it comes to truck accident lawsuits, legal representation from a personal injury attorney is essential. A truck accident lawyer can provide the legal representation needed to obtain a successful outcome.
They will understand the complexities of the court proceedings. Moreover, they’ll be able to provide the legal advice and guidance needed to protect the rights of the individuals involved. They make sure that they seek the best possible result for your case. They will:
- provide expert witness testimonies
- investigate the history of the accident
- locate possible responsible parties
- suggest counter-arguments
All of which are prepared against any challenges raised against the plaintiff. Additionally, they will negotiate with insurance companies and defense lawyers. This helps to ensure the maximum available compensation for the injured party. Ultimately, a qualified attorney can provide the best representation for truck accident lawsuits.
Investigation
When preparing for a truck accident lawsuit, the investigation that must be carried out can be complex and time-consuming. To ensure the most successful outcome, it is important to partner with an experienced truck accident lawyer. A lawyer can assist in gathering evidence and uncovering potential sources of compensation.
The investigation will typically cover the:
- accident scene
- witnesses
- driver logs
- safety inspection reports
- vehicle maintenance records
- any other relevant evidence
The lawyer will also typically consult with experts in areas such as accident reconstruction to better understand what happened and liability. In certain cases, the lawyer may also conduct depositions with relevant parties to obtain statements regarding the accident. Ultimately, the goal of the investigation is to gain the crucial evidence needed to build a strong compensation case.
Liability Determination
In the event of a truck accident, one of the most important decisions in a lawsuit is who is legally responsible for the damages. In a liability determination, the court may look at the actions of both the driver and the employer of the driver. Factors include:
- speed
- fatigue
- lack of training
- inadequate maintenance
All of which may all contribute to who is deemed liable. The court may also take into account any negligence, such as the failure of the driver to check the vehicle for proper working conditions. Once liability is determined, the individual or entity responsible is then responsible for repaying the victim for the damages caused by the accident.
It is important to consult with an experienced truck accident lawyer to ensure the proper investigation and facts are presented in your case to prove liability.
Damages Evaluation
When it comes to truck accident lawsuit damages evaluation, the attorney representing you will review:
- medical records
- police reports
- statements of eyewitnesses
- other evidence
Which are all used to construct your case. Your attorney will also collect information from insurers and any other parties involved in the accident. With this detailed information, your attorney will then evaluate all of your damages, both past and future. This includes:
- compensation for medical expenses
- lost wages
- loss of consortium
- pain and suffering
Your attorney will then calculate a dollar amount to represent these damages that they can pursue in court. Through a truck accident lawsuit damages evaluation, an experienced attorney can ensure you get the compensation you deserve.
Negotiations
Negotiations concerning truck accident lawsuit settlements may vary depending on the:
- the severity of the accident
- amount of damages incurred
- presence of insurance companies
Both parties must agree on an acceptable figure that they can both agree to, and that is fair for both of them. During the negotiations, both sides should maintain good communication. They should show respect for the other’s argument and allow for both to explain their respective positions.
The negotiation process may take some time though. So it should continue as long as both parties are willing to continue negotiating in good faith. It is also important to recognize that lawsuit settlements can arrive at any time during the negotiation process and the parties should be aware that this is always an option.
Finally, it is important to remember that both parties should treat the settlement negotiations as a business transaction, and not become too emotionally involved.
Court Proceedings
A truck accident lawsuit is a complex process. Before filing a suit, it is important to understand what to expect from the court proceedings. Each jurisdiction has different procedures, but there are some common elements.
Before the Trial
Before the trial begins, the parties will typically go through a process of discovery and negotiations to determine which facts are in dispute. During the preliminary, the gatherings will introduce their proof. This includes witnesses and documents, as well as legal arguments to support their case.
During the Trial
The judge will make rulings on the evidence and ultimately need to decide who is liable for the accident. The outcome of the trial may result in a judgment for the plaintiff or a settlement between the parties (as discussed above). The case can be appealed if either party disagrees with the decision.
Presenting an Appeal
An appeal can also be filed wherein the defendant might be allowed to undergo community service or go through driving lessons to rectify his or her actions. During the appeal process, the courts may order discovery to be conducted while both parties prepare their arguments and evidence.
Once all the relevant information is in hand, the judge will hear the appeal and render a decision. If the appeal is approved, it’s best that the company or you invest in the right driving school for driving safety that’s accredited by your state, such as https://www.commercialdriver.ca/ontario-truck-driver-licence-practice-test/.
Know What to Expect From a Truck Accident Lawsuit
A truck accident lawsuit can be a difficult and lengthy process, but it can be worth it for the victim. Attorneys who specialize in truck accidents understand the regulations and legal issues that surround these cases and can help you pursue a successful claim. Contact a qualified truck accident lawyer today to receive personalized legal advice and assistance for your case.
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