The repercussions of truck accidents often leave victims with hospital bills, lost income, and insurance claim challenges. Therefore, it may be necessary to employ legal services for a truck accident case to get through this difficult period and secure rightful compensation.
So, when do you need a lawyer after being involved in a truck accident? And how can a lawyer help you?
You should contact a truck accident attorney in McLean as soon as possible if you or a person close to you gets involved in a truck crash and gets injured. Early involvement by a lawyer ensures that critical evidence like driver logs and maintenance records are not destroyed and preserved.
Frequently, a trucking company may start its own probe quickly following an incident. Therefore, having your own legal representation equalizes matters when you file a truck accident claim or communicate with an insurance company.
Instances When an Attorney’s Services are Helpful
Relying on a truck accident attorney can be useful in various circumstances.
Serious Injuries or Death
Again, truck crashes frequently cause severe injuries or even death due to a commercial truck’s large size and weight. If catastrophic injuries or death results, seeking the right legal counsel is recommended. This will help quantify the damages suffered while pursuing fair compensation for medical costs, loss of earnings capacity, and the pain you’ve endured.
Disputes Over Fault
Determining liability when a car and truck collide can be more complicated than doing so in ordinary auto incidents.
In these cases, many players are often involved, including drivers, employers, manufacturers, or trucking companies that hire third-party contractors.
Trucking companies must also maintain accident registers.
A truck accident attorney can collect the evidence needed through driver logs and by contacting truck accident experts to establish fault and nail down the reasons for the accident. Lawyers who handle truck accident cases also know regulatory requirements and laws in the trucking industry that affect a case’s outcome.
How the Evidence Can Be Used to Settle Disputes
The following evidence is also required to ensure a better outcome when you’re filing a truck accident claim:
The Police Report. This report contains information about an officer’s findings about a traffic violation, the driver’s speed, and road conditions. However, due to hearsay rules, this information may not always be admissible in court.
Medical Records. When you’re treated for injuries, the medical records can provide more insight into the circumstances of the accident and the severity of your injuries.
Witness Statements. These statements can help determine fault.
Expert Witnesses. Witnesses can provide credible accounts and explanations for an accident.
Pictures and videos. Images prove to be invaluable in showing how an accident occurred. Images should include the accident scene, each vehicle involved, the injuries suffered, or anything relevant to the claim. Images show how an accident happened versus how it was remembered.
Trucking company records. If a trucking company hasn’t followed its own policies, certain records and logs may prove helpful in holding a company liable.
Truck maintenance records. These records can be useful in determining how a truck’s condition may have contributed to a collision.
Consequently, if there is any doubt or dispute about fault, a truck accident lawyer can conduct a thorough investigation to establish liability.
Insurance Company Problems
Insurance providers usually want to pay as little as possible to protect their profits. Therefore, accident victims may face lowball offers, long waits for compensation, or even outright denials.
A lawyer has the bargaining power to negotiate fair settlements while protecting a client’s rights.
Compliance With Trucking Regulations
The transport sector operates under many rules, both at the national level (federal laws) and state level. A truck accident lawyer who handles these complex claims can make a case stronger when it comes to compliance.
Truck drivers must obey traffic laws, perform periodic inspections, and safely load cargo. They also must take mandatory breaks.
Companies are required to give post-accident drug and alcohol tests if a truck accident leads to a loss of life, bodily injury, or property damage. Random drug tests are also given from time to time.
FMCSA Rules
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to comply with Hours of Service (HoS) rules. HoS rules govern how long drivers can be behind the wheel and on duty. They reduce the risks affecting tired truck drivers – one of the most frequent causes of truck accidents.
Rules include:
- An 11-hour driving limit with ten consecutive hours off duty.
- A 14-hour limit, provided a driver has had ten consecutive hours off duty.
- Mandatory breaks – Drivers can only drive if eight hours or less have passed since they were previously off-duty or took a 30-minute break.
- The 60/70 rule – Truck drivers cannot drive after working 60 hours over 7 consecutive days, or after driving 70 hours over eight consecutive days.
An attorney can review a driver’s time logs to ensure compliance with HoS rules and other driving regulations.
How Can A Truck Accident Lawyer Help You Directly?
Hiring a truck accident advocate comes with several benefits that can greatly affect the outcome of your lawsuit:
Professional Legal Guidance
Attorneys who take on truck accident cases possess a vast knowledge of personal injury law and specific provisions governing the commercial carrier industry. Therefore, they can provide the legal advice needed to meet the requirements unique to the trucking industry.
Detailed Fact-Finding
You cannot build a strong argument without thoroughly investigating all pertinent facts surrounding what happened during an accident.
Proving blame in a trucking accident requires showing that one or more parties were negligent. To do this, your attorney must prove that the truck driver, trucking company, or other entity has violated its duty of care. They will also need to show a connection between how this breach directly led to your injuries.
Assessing Damages
Evaluating damages accurately is one of the most intricate parts of personal injury claims. A truck accident lawyer can explain the full extent of what you have suffered. Your lawyer can quantify economic and non-economic damages. For non-economic damages, such as pain and suffering, they can use a formula based on the severity of your injuries to determine compensation.
Negotiating with the Insurance Companies
Truck accident lawyers are highly skilled negotiators who can push for an adequate settlement on your behalf. They know all the tactics insurers use to reduce what they rightfully owe for a claim. Therefore, you can depend on a lawyer to receive optimum compensation.
Trial Support
Should negotiations fail to yield a positive outcome, you can count on a lawyer to represent you in court – gathering and showing evidence to support and increase your claim amount.
Conclusion
Truck accidents are among the most devastating types of incidents one can face. Therefore, it takes a special kind of knowledge to navigate the legal aftermath. That’s why hiring an attorney with experience in trucking accidents is important.
An attorney has the necessary skills for investigating, calculating damages, and negotiating settlements. By consulting an attorney, you can ensure fairness throughout the legal process.
Contact a Truck Accident Lawyer About Your Claim
Relying on a truck accident lawyer is necessary if you want to settle a truck accident case successfully. Contact a personal injury lawyer in McLean today for a free consultation. Don’t go forward until you get legal advice.