A truck accident attorney helps victims of a truck accident seek fair compensation for the damages they suffer in an accident. Though this may seem simplistic, filing a claim for losses is complex, involving numerous steps and requirements, and sometimes, third-party claims. Truck companies face significant legal risks of fines and regulatory pressure when accidents occur due to preventable incidents, so they defend themselves with an army of lawyers.
Understanding how a truck accident lawyer can help and what they specifically do to reduce risks in your case is critical. Consider the following ways in which a truck accident lawyer specifically supports the claims and recovery process.
How Attorneys Investigate Truck Accidents
When a serious truck accident occurs, you can expect the local police and potentially federal authorities to investigate what occurred. Yet, that information is not always voluntarily provided to the victim hurt in that accident. Your attorney, therefore, will likely launch a parallel investigation into the crash.
Attorneys investigate these accidents through numerous methods, often through access to information and data such as:
- Medical records of the truck driver, who might have been impaired at the time of the accident
- Commercial “black boxes” or devices that log what was occurring prior to the accident, such as the truck’s speed, driver’s reactions, and condition of the truck
- On-board camera footage as well as third-party camera footage on traffic cameras
- Witness testimonies
- Records for the maintenance and upkeep of the truck, as required under federal and state law
Truck accident attorneys not only pursue these areas of evidence, but they also know how to look for gaps in explanations from the other party. They do not stop at just what the police report says but seek additional information to help determine fault and liability.
How Truck Accident Lawyers Handle Cases
Most truck accident injury cases proceed in the following manner:
The Liable Parties Are Identified
One of the first things a truck accident lawyer does is identify every party involved in the crash, so that he or she can establish liability. Generally, the at-fault party (the one who caused the wreck) is also the liable party, but sometimes third parties are also liable. When multiple parties share liability, it means they can all be sued for compensation if it comes to that.
Notably, if the insurance company applies some fault to the victim, such as the car driver, the attorney may work to produce evidence that minimizes this charge, reducing the risk that the victim loses some of their rights to compensation by maintaining some level of fault.
The Victim’s Losses Are Assessed and Calculated
The truck accident attorney’s next task is to calculate the true value of the losses sustained by the victim. While many victims understand their economic losses, such as missed time at work and medical bills, they may not fully realize the extensiveness of their noneconomic losses or those that are less tangible.
Your attorney will calculate all losses appropriate for your case. This may include:
- Medical expenses
- Ongoing healthcare needs
- Medication costs
- In-home support and modifications
- Lost time at work
- Loss of earning capacity
- Property damage
- Pain and suffering
- Loss of quality of life
- Disfigurement
- Emotional trauma
Not only does the attorney name these as losses, but the attorney’s job also involves proving these losses. This is done through obtaining evidence of the incident. Examples of the evidence an attorney may gather to prove your losses include:
- Medical bills and documented lost time at work
- Statements from your employer about your loss of ability to do your job
- Statements from your doctor about your physical or mental progress
- Clarity from experts about the severity of injuries and the pain involved
- Expert witness statements about the potential for ongoing injury and losses incurred due to limitations on your recovery
- Long-term implications to the overall quality of life
This type of evidence can be critical. Truck attorneys will work hard to help ensure they can document why they are claiming a loss, which will make it far more challenging for the truck driver’s insurance company or attorneys to refute such claims.
The Demand Letter Is Sent to the Insurance Company
Once a full understanding of losses occurs, the truck accident lawyer will then send a letter to the at-fault party (or parties) to demand compensation. These letters are comprehensive and designed to provide clarity on all levels of loss. They will outline the fault in the case and provide a specific demand for compensation based on the damages the victim suffered.
Negotiations Begin with the Insurance Company
Insurance companies are for-profit organizations. They work to increase profit margins by reducing claims paid out. This is not a simple process to navigate as a victim of a truck accident. This is why a truck accident attorney’s experience negotiating with the insurance companies plays a significant role in the outcome of the case. For example, the evidence the attorney presents can help to minimize the risk of a liability denial. If there are questions about any of the losses, that evidence backs up the claim, and negotiation experience ensures the attorney is not taken advantage of as a result of a lack of information.
In many situations, there might be a request for additional information to prove fault or losses. However, insurance company delay tactics are not necessarily going to work here. When talks stall, or the insurance company acts in an unethical or unfair manner, the attorney can put additional pressure on them.
Many times, truck accident lawsuits result in a settlement. Some trucking companies might actually negotiate in better faith if you hire a lawyer, because it shows you mean business.
A Lawsuit Is Filed in Court
In some truck accidents, however, the substantial loss or uncertainty of fault may lead to the insurance company being unwilling to settle the case in a fair manner. The truck accident attorney’s job, in these situations, is to pursue a trial by filing a lawsuit.
This lawsuit may force the insurance company to make decisions. They now need to determine if they should settle the claim or if they want to spend more time and money on the process by going to court. In fact, the act of filing a lawsuit might even lead to a better settlement offer.
If it does not, the attorney’s job continues to trial. This includes presenting the case to the judge and jury. Once that decision occurs, the attorney ensures that the crash victim receives the full and final settlement on time.
Additional Benefits Attorneys Bring to Truck Accident Cases
There are several skills an experienced truck accident lawyer possesses that could influence better decision-making by the insurance company and even your own:
- Network of professionals: A network of experts and accident reconstruction professionals minimizes the risk of a lack of evidence causing your losses.
- Understanding of laws: Your attorney understands statute of limitation laws as well as the rights of the individual under the law for any losses they have, including when they hold some of the fault in the case.
- Minimizing abusive behaviors: Insurance companies can be abusive in many situations, including taking advantage of your need for money. Your attorney creates a block to limit that type of frustration.
By working with a trucking accident attorney, victims could gain peace of mind and reassurance. They learn what their rights are and have an advocate who remains by their side throughout the legal process. This can make an incredible difference in the outcome of any case.