Truck accidents can be catastrophic, leaving victims with serious injuries, causing fatalities, and leaving thousands of dollars worth of property damage in their wake. As if that weren't enough, recovering compensation for these damages can be difficult due to the unique legal challenges of these cases.
Between determining liability, navigating trucking regulations, and negotiating with aggressive insurers, winning a truck accident case is not an easy task. However, a truck accident lawyer can give victims the best chance of success, guiding them through every step—here's how.
Investigating and Proving Liability
In a truck accident case, an attorney will begin by investigating the circumstances of the crash to determine who is responsible, as well as assessing the damages to the victim. An investigation typically involves:
- Collecting key evidence, such as police reports, photographs, and eyewitness accounts, as well as other types that can be more difficult to acquire, such as the truck's black box data.
- Analyzing medical records and treatments to determine the extent of the victim's injury, how long it will take for them to recover, and whether or not they can make a full recovery. These all influence the amount of compensation the victim can pursue.
- Calculating damages, the victim may be eligible to recover beyond medical costs, such as pain and suffering, and loss of consortium.
Although this process may sound straightforward, in reality, it can be highly complex. Truck accidents can be caused by a variety of factors, ranging from driver error to improper loading and mechanical failure. This means that an investigation often needs to be exhaustive, as the liable party may include not only the driver but also the trucking company, a maintenance or loading company, or another entity.
In addition, certain types of evidence can prove instrumental in a truck accident case, but can be easily missed without knowing what to look for. Federal and state regulations govern the operation of commercial trucks, including weight limits and hours of service. An attorney familiar with these regulations can uncover whether a violation has occurred, boosting the likelihood of a successful claim.
Handling Insurance Negotiations
Dealing with an insurance company can be difficult at the best of times, but especially so in the case of a truck accident. Luckily, a truck accident lawyer can handle this step for you. This is crucial because, once again, truck accidents are much different from other types of accidents on the road.
Trucking companies tend to carry policies with significantly higher limits than the average motorist would. This means that while victims can pursue greater damages, the insurer is likely to fight back even harder. They may attempt to shift blame for the accident to the victim in order to justify paying them less—or not at all. In other situations, the insurer may offer a victim a settlement immediately, though one that typically fails to cover the full extent of their damages.
A truck accident lawyer knows how insurers operate and can use the evidence they have gathered to negotiate for a fair settlement. They can handle all with the insurance company so victims can focus on recovering and avoid making statements that could jeopardize their claims.
Representing Clients in Court (If Necessary)
Although both truck accident victims and insurers would much prefer to avoid going to court, there are some instances in which doing so may be necessary. Should negotiations fail, a truck accident attorney may recommend filing a lawsuit, which may eventually—though not always—lead to a trial.
During a trial, an attorney will use the evidence they have gathered to present the victim's case to a judge or jury, and they may need to call on accident reconstruction experts, expert witnesses, and other professionals to provide testimony. In the end, the judge or jury will decide whether or not the victim should be awarded compensation and how much they receive.
It is crucial to keep in mind that even though going to trial is rarely necessary, truck accident victims should always make sure that an attorney is prepared to do so before choosing to work with them. It's important to find out how much trial experience they have and how successful they have been in these cases.
Types of Compensation a Truck Accident Lawyer Can Help Recover
As discussed earlier, truck accident lawyers help victims not only calculate their monetary damages but also those that are harder to quantify. The two types of compensation a lawyer can help recover in a truck accident claim are called "economic" damages and "non-economic" damages.
Economic damages can include expenses such as:
- Medical bills, therapies, medicines, and treatments
- Lost wages and loss of earning capacity
- Property damage
- Funeral expenses (in the case of a fatality)
- Travel expenses (for travel related to the accident)
Non-economic damages are items that do not have a specific dollar amount. These include recovery for:
- Pain and suffering
- Mental and emotional distress
- Loss of consortium
- Disfigurement and scarring
- Loss of enjoyment of life
- Inconvenience
- Mental anguish
One of the most common mistakes that accident victims make is undervaluing their claims. An attorney can use their knowledge and network of resources, such as medical and financial professionals, to ensure that victims file a claim for the full amount they are entitled to.
Why You Need a Truck Accident Lawyer
Truck accidents can be life-changing. Although it isn't possible to reverse the physical and emotional effects, filing a truck accident claim can alleviate the burden. Doing so, however, can be remarkably challenging, from gathering and analyzing a multitude of evidence to negotiating with an obstinate insurance company. Hiring a truck accident lawyer can make all the difference.
If you or a loved one has been involved in a truck accident in California or Nevada, reach out to an experienced truck accident attorney to discuss your case. You deserve a staunch advocate who will help you recover the compensation you need to move forward with your life.
