After a truck accident, you might be dealing with injuries, medical treatment, and other concerns. While you likely do not want to add anything to your plate, you should never wait to discuss a possible injury claim with a truck accident lawyer. An initial consultation is free, and the attorney can evaluate whether you have a valid claim.
What Should I Prepare Before Meeting With My Truck Accident Attorney?
There are many records that an individual should have before meeting with their truck accident attorney. Although an attorney can also help gather evidence and may even provide guidance on other things that they should gather to make a more robust case, an outstanding client will already have most of this info prepared in advance of the meeting.
Some examples of documents that a client should gather and bring with them to the meeting include:
- Documents related to injuries, such as medical bills, therapy plans, timesheets for the number of workdays missed, medical records for proof of damages, pictures of injuries, receipts for medical devices, home renovation expenses to accommodate an injury, etc.
- Records related to the accident, such as a copy of the police report, photos or videos of the wreck, documents about the accident, a list of contact details for the other driver and possible witnesses, etc.
- Documents related to property damages, such as mechanic receipts, prices of car parts, appraisals for other property damage, pictures of the damaged property, and a list of items lost or damaged in the crash (such as sunglasses, phone screens, etc.)
- Insurance policy documents and any other accident-related documents, as these documents help establish the client is not at fault and that they should obtain damages.
In addition, the client should also draft a list of questions before meeting with their truck accident attorney.
Some examples of questions that a client may want to ask their attorney at the meeting include questions about:
- The attorney’s background (for example, how long the attorney has been practicing, their background with truck accident cases, etc.);
- Legal prospects and case strategy (for example, does the attorney anticipate the case to settle or go to trial?);
- Billing for the case, like what type of fee structure the attorney uses to bill clients;
- The law or procedural conditions in the case; and
- The client’s responsibilities such as whether they need to gather further evidence, appear in court, participate in the process, and so forth.
What Makes a Truck Accident Case Strong? What Makes it Soft?
Some elements that can make a truck accident case more successful include:
- Employing an attorney who has vast experience with handling truck accident cases;
- Obtaining a restraining order to allow for inspection of the semi-tractor and trailer before they are altered or repaired;
- Maintaining all evidence (such as medical reports, medical bills, pictures of the accident and injuries sustained, mechanic receipts for auto repairs, etc.);
- Getting contact details for the other driver and any possible witnesses;
- Seeking medical attention directly after the crash;
- Filing a claim before the statute of limitations passes;
- Gathering enough concrete evidence to establish the elements of proof in the case; and
- Checking state law and reviewing which type of negligence applies
On the other hand, some elements that can potentially make a truck accident case hard to win:
- Not hiring an attorney to handle the case and bargain with the insurance company;
- Ruining evidence that indicates the extent of injuries or property damage;
- Not having any proof of the crash (for example, no photos of the surrounding neighborhood, auto parts, or damages);
- Confessing fault or taking the blame for causing the crash;
- Failing to mitigate damages or injuries after the wreck;
- Disregarding state law and failing to determine which type of negligence applies;
- Not collaborating with law enforcement after the wreck or leaving the scene of the crash before the officer says it is acceptable to do so; and
- Agreeing to take certain things from the insurance company without an attorney present (for example, consenting to a recorded statement, signing the paperwork, deciding to admit fault in exchange for false promises, agreeing to settle, etc.).
What Is a Truck Accident Lawsuit?
Truck accident lawsuits involve accidents with at least one commercially operated truck. This can include semi-tractors and trailers, delivery trucks, freight trucks, tanker trucks, etc. Truck accidents may concern larger commercial vehicles or pick-up trucks and SUVs.
A standard commercial truck weighs more than 25 times as much as a normal car. The length and weight of the commercial truck mean that any crash with a truck can kill someone.
How Is Fault Decided in a Truck Accident?
As with all motor vehicle wrecks, evidence answers most questions about the fault for a truck accident:
- Police reports: parties to a truck crash should call the police and report the accident to them immediately;
- Interviews of the drivers involved and eyewitness statements: if there are witnesses to the crash, the parties should be sure to gather contact info from them so investigators can question them later;
- Photographs of the accident: these can be taken with cell phones to document the injuries to the parties involved and damage to their vehicles.
Presently, many experienced truck drivers use dashboard cameras (dashcams). Some businesses now mandate them. Truckers are under tremendous pressure to retain a deadline-driven schedule. They often have to navigate through the evening to make their deliveries on time. Of course, dash cams cannot stop crashes, but they capture an accident and help display who is at fault in a truck wreck.
Who Is Responsible for the Injury?
A negligent truck driver can be responsible if that driver causes an accident while driving the truck. If the truck driver was an employee of a trucking company, statutory or otherwise, the trucking company may also be responsible.
Under the legal idea known as respondeat superior, employers are always held liable for unintended accidents caused by their workers. There are multiple reasons for an accident that might also place the responsibility on the trucking company.
They are as follows:
- The employer promotes dangerous driving to meet orders quickly;
- The employer pushes drivers to be on the road beyond the hours that are allowed under state and federal laws;
- The employer employs drivers without performing appropriate criminal background checks, drug or driving tests, or mental analyses;
- The employer invariably fails to perform inspections, upkeep, or restorations to their fleet of tractor-trailers or other large commercial trucks.
Suppose you can establish any of these factors. In that circumstance, they supply extra reasons for which you might hold the truck driver’s employer liable for damages caused by the driver’s negligence.
A flaw in the design or manufacture of the truck or semi-tractor itself can cause a wreck. If the evidence suggests this, an experienced personal injury lawyer can employ a product liability expert to examine the evidence. If an expert uncovers that a defect in the truck, whether in its design or manufacture, caused the crash, then the truck manufacturer may be found responsible.
Common Causes of Truck Accidents
There are multiple reasons for trucking accidents. The possibilities are limitless, from a deer running across the highway to a tire blowing out.
The following cause many trucking accidents:
- Gear failures such as brake failure or tire blowouts;
- Failure to adequately secure the load or load-shifting;
- Poor roadway conditions;
- Weather or poor visibility;
- Speeding;
- Lane drifting;
- Unsuitable truck maneuvering;
- Driver exhaustion;
- Drunken or drugged driving.
Most of the wrecks caused by truck drivers are due to driver exhaustion. Trucking companies try to have products arrive on time, and sometimes the speed of delivery is prioritized over the protection of drivers and others on the highway.
Your to-do list after getting into a truck crash can feel overwhelming.
For instance, immediately after the accident, you need to:
- Swap info with the other driver and possible witnesses;
- Call emergency services and wait for the police to come;
- Move your car out of the way if it is obstructing traffic;
- Preserve evidence;
- Tell the officer what happened once they arrive and respond to their questions;
- Call a tow truck business if your vehicle is in poor condition;
- Figure out how to get home;
- Call an ambulance if anyone is hurt;
- Seek medical attention for your injuries;
- Notify your insurance company about the truck accident
Therefore, the most useful thing you can do after a truck accident is to find and hire the right attorney to take on your case.
Once you find a lawyer, you must prepare for your truck accident consultation.
You can do this by:
- Organizing records related to the crash that you can use as evidence;
- Preparing a list of questions you have for the lawyer about your case;
- Writing down details about the accident so that you do not forget to tell them essential facts;
- Figuring out what you believe you want to get out of a lawsuit or settlement (the lawyer can tell you if your expectations are realistic).
What Are Some Dos and Don’ts for Truck Accident Cases?
Some dos when it comes to truck accident cases may include:
- Do call the police and stay at the scene of the crash until the officer grants authorization to leave
- Do seek medical care as soon as feasible;
- Do write down contact details (for example, name, address, insurance info, etc.) for the other driver and any possible witnesses;
- Do report the wreck to the auto insurance company;
- Do take photos of the crash, injuries received, property damage, and so on to use as proof;
- Do keep duplicates of all medical records, receipts for treatments received, timesheets for missed workdays, and price of property repairs;
- Do hire an attorney for representation in court and to negotiate with insurance companies;
- Do file a claim with the appropriate court instantly (if applicable);
- Do collaborate with all parties to the case with your lawyer’s guidance (such as law enforcement, the other motorist, the judge, courtroom employees, etc.); and
- Ask questions about billing charges, potential remedies, and potential defenses when meeting with the truck accident attorney.
In contrast, some don’ts when involved in a truck accident case may include:
- Do not wait to file a lawsuit related to the crash, or else the statute of limitations might expire;
- Do not forget to report the crash to the insurance company, whether the crash hurt anyone or not;
- Do not leave the scene of the truck accident;
- Do not fail to mitigate damages (for example, do not refuse to seek medical treatment for injuries sustained in the accident);
- Do not ruin evidence;
- Do not try to negotiate with an insurance company without legal representation;
- Do not wait to hire a truck accident attorney or retain a lawyer who has no experience with truck accident cases;
- Do not forget to ask the attorney about how they structure their fees; and
- Do not discuss the matter with anyone except the attorney handling the case.
When Do I Need a Lawyer for a Truck Accident?
You must hire a lawyer to further assist with a truck accident lawsuit. This is particularly true if you suffered an injury in the crash. A truck accident attorney can aid you in collecting evidence, preparing required legal documents, and filing a claim. Most notably, your attorney will control how your case advances, positively affecting the outcome.
You will also need an attorney to recover damages for a truck accident. Your attorney can help you argue why you should be entitled to damages and which types of damages you obtain for your injuries.
Lastly, you may need to employ an attorney to handle a truck accident if dealing with an insurance company. Insurance companies generally have extensive legal teams composed of very experienced attorneys who only focus on these issues.
As such, attorneys for auto insurance companies know exactly how to build a case with minimal damages awards and can easily take advantage of someone who does not have any legal experience or representation. Therefore, you will need a lawyer to ensure that your rights are protected and that you do not miss out on the total damages you deserve.