A Guide to Winning Truck Accident Cases

Truck accidents are scary simply because of their devastating consequences. In the worst case, these injuries can be permanent, leading to broken bones, disfigurement, lacerations, organ damage, amputations, paralysis, and traumatic brain injuries. Injuries caused by truck accidents often require taking time off from work and expensive medical care.  If you are injured in a truck accident, you should contact an experienced trial attorney without wasting any time. You need not worry about the cost of retaining an attorney because most of these law firms work on a contingency basis. 

After the Accident:

If at all possible, take photographs of the scene immediately after the mishap.  These photographs may play a critical role in establishing liability and damages. While taking images, try to focus on injuries sustained by the accident, damage to the vehicles, and overall condition of the site after the accident. As time passes by, the preservation of evidence can be a concern because human memory tends to fade with time. This is where your photographs can make all the difference.  

The next important job for you is to seek medical care. This is important not only from the perspective of your health but also for the future of your claim for injury. Your medical records will provide documentation of the findings of a doctor related to your injuries and mention a treatment plan. Please remember that the compensation that you are likely to receive will be determined partially by the extent of your injuries.  

The Logbook and Black Box: 

The black box may be referred to as an event data recorder or an electronic control module.  Since the 1990s, most of the trucks started integrating black boxes into their engine components.  The function of the black box is to store data related to the truck's physical properties, and this data can help understand what led to the accident. The recorded information may include the speed of the truck just before the accident, whether the driver applied the brakes, whether the driver was using the seatbelt, if there was any acceleration or deceleration, tire pressure, GPS location information, etc.  By comparing the truck driver's log to the black box data, it is possible to determine whether any regulations were violated by the truck driver. 

Liability Establishment: 

In order to be able to recover compensation, you will have to first establish liability. The appropriate theory of liability will be determined by the circumstances.  In most instances, the negligence of the drivers has at least a partial role in the accident.  Under the theory of negligence, recovery of damages requires the establishment of a duty of reasonable care, a breach of such duty, causation, and damages.  Some instances of breach of reasonable care include drunk driving, fatigued driving, flouting traffic signals or signs, speeding, tailgating, aggressive driving, etc. 

Damages:

Damages for a truck accident may relate to non-economic as well as economic losses. Economic loss may cover hospital bills, doctors' bills, medical costs, rehabilitation, physical therapy, and replacement services. Out-of-pocket costs such as medical equipment, car rental, medical mileage, parking fees may also be a part of this component.  The economic loss also includes lost wages and other related losses such as bonuses, sick days, or reduced earning capacity.  

Non-economic damages suffered by a truck accident victim include mental anguish, pain and suffering, loss of consortium, loss of enjoyment of life, and disfigurement.  Based on the personal characteristics of the plaintiff and his or her ability to present at the trial, the extent of non-economic damages can vary significantly. 

If an individual passes away in a truck accident because of another party's fault, victim's family members may be able to recover wrongful death damages in the form of medical bills, funeral and burial expenses, the pain and suffering of the decedent, lost income,  the lost value of household services, the lost value of guidance, companionship, and care, etc. 

Much more useful information on this topic can be found at Uvalle law firm Lawboss.  

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