Commercial truck drivers are on the road to pick up and make deliveries 24 hours a day and are constantly bound to tight deadlines. These strict schedules can increase driver pressure, posing a risk of serious collisions.
These trucks are a lot bigger than standard passenger vehicles, which is why a collision involving a truck can have devastating consequences.
This is why those who have been in a truck crash should know how a truck accident attorney can help them.
Trucking companies have multiple responsibilities, including hiring qualified drivers and training them. They are also required to maintain and inspect the trucks to minimize the risks of roadway incidents. If trucking companies fail to meet the expected safety standards, they can be liable for the damages resulting from a crash.
However, filing insurance claims or lawsuits against a trucking company can be challenging. They will try everything they can to reduce their payout and minimize any damage to their reputation. Large or small, trucking companies are corporations with plenty of resources to fight your claim or lawsuit. They also have experience, as they likely have handled several truck collision cases before. This means their legal team will be well-versed in how to defend the case.
To make matters more challenging, federal regulations allow trucking companies to get rid of documents, such as log books and maintenance records, after a certain period of time. So you need to act fast to ensure you get the required evidence. To prove that a trucking company is liable for your injuries or property damage, it would help to get guidance from an experienced attorney with experience in truck crash cases.
If you are the party seeking damages in a truck collision incident, you should be careful in your communication with the insurance company. This includes answering the insurance company’s questions related to the accident.
Insurance companies approach injured parties, record their statement after the crash, and use that as evidence. They can also delay communications until the claimant accepts the settlement they are willing to offer. To avoid being subject to the insurance company’s bad faith tactics, you should contact a truck collision lawyer immediately after the incident and have them handle talks with the insurance company.
Your lawyer can also prevent the insurance company from delaying your claim. They can also create a compelling demand letter and submit sufficient evidence to the insurance company, ensuring they do not find a way to postpone or dispute your claim unnecessarily.
If fair compensation cannot be reached through settlement negotiations, your truck crash attorney can help you take further legal action against the liable party and their insurance company.
The rules and regulations in the trucking industry are complex. For example, there are laws governing the working hours of truckers, how much weight commercial vehicles should carry, rest time, loading requirements, and more.
To maximize your chances of winning your case, you should hire an experienced lawyer with a thorough understanding of trucking laws. A lawyer well-versed in laws related to the trucking industry could point out which violations occurred when the accident occurred. This can strengthen your claim and maximize the compensation you can receive from the liable party.
Generally, two types of evidence are required to make a compensation claim viable: Evidence of liability and damages. Collecting evidence while dealing with your injuries can be challenging after a truck crash, so you should have a lawyer help you gather the evidence.
To prove liability, your lawyer can gather forensic evidence, such as debris and skid marks from the accident site, surveillance footage, any photographs of the event, and damaged objects on the roadside. Additional evidence, including the truck’s maintenance records, can also be collected to determine liability in the incident.
Your lawyer can gather the proof of damages, including records of medical treatment for your injuries, employment documents verifying that you took time off work, and personal notes depicting how the crash occurred and what impact the injuries had on your daily life. They can also get witnesses and experts to testify for your case.
Typically, noneconomic damages do not have a specific dollar amount because they are more subjective and difficult to prove. Noneconomic damages refer to the emotional suffering of the victim due to their injuries. Often these losses are not considered by the insurance companies when calculating damages. A lawyer can help you get compensation for your noneconomic damages.
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