One of the most important things a truck accident lawyer does is allow you to focus on getting better while they build your case. They will assess the monetary value of your damages, investigate your accident, identify the at-fault party, build a strong evidence file, and handle all communication related to your case.
You can rely on them to negotiate with the insurance company and represent you in court if they cannot reach a settlement. Your lawyer will listen to your version of events and review the details and merits of your case. Their goal is to recover financial compensation for the cost of treating your injuries and their related expenses.
How a Truck Accident Lawyer Determines Financial Liability
Liability in truck accident cases is complicated, but hiring a truck accident lawyer can make investigating your case and identifying who to pursue for damages easier.
They may find that at least one of the following parties is on the hook for your damages:
The Trucking Company
The company that employs the truck driver could be held accountable for your accident if the driver was improperly licensed, unlicensed, or improperly trained. They could also be responsible if the driver was acting within the scope of their employment.
The Truck or Parts Manufacturers
If your accident was caused by a manufacturing or design flaw, the truck’s maker could be liable for compensating you. The same is true for the maker of the truck’s parts, including brakes, tires, and windshield wipers. Your lawyer can collect the documents that prove their flaw, fault, or failure.
The Cargo Loader
Loading cargo onto a truck is a balancing act. The cargo loading company could bear responsibility for the accident if it was not loaded correctly. This failure can include the cargo being imbalanced, improperly secured, or shifting during transport.
The Repair or Maintenance Facility
A truck is a massive piece of machinery that must be in good working order when on the road. If the truck involved in your accident was due for repairs or maintenance it did not receive, your lawyer may pursue compensation from the appropriate facility. They may also be liable if repairs were not done correctly.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow a Local Lawyer Builds Your Truck Accident Case
For you to receive fair compensation, your lawyer must prove that these four elements exist in your case.
- Duty of care: The other party had an obligation to exercise the same care as any other reasonable person would under the same circumstances.
- Breach of duty: The other failed in their duty of care by acting carelessly.
- Causation: This negligence led to a truck accident and your injuries.
- Damages: You dealt with financial and non-financial repercussions as a result of the accident.
They may help you substantiate these claims by:
Collecting Supporting Evidence
Collecting evidence and building a strong case file can be time-consuming and frustrating. On your behalf, your lawyer can collect your medical records and bills and employment records to prove you are entitled to compensation.
Assessing Financial Damages
Your lawyer will identify all potentially liable parties and calculate the accident’s financial impact. This part of your case is critical because your settlement agreement is final, and you cannot request additional — even valid recoverable damages — at a later date.
Negotiating a Fair Settlement
Compensation after a truck accident can include economic and non-economic damages. If your family lost a loved one in the accident, you may obtain wrongful death awards. Your lawyer will fight for a settlement for you. If that’s not possible, they will represent you in court.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientEvidence That Helps Prove Liability in Your Truck Accident Case
Your evidence file is a critical part of your case. The physical evidence and documents it contains might help steer your case toward a settlement versus a trial.
Some of this evidence can be difficult to access. However, the legal team who handles your case will collect and organize the evidence and submit it to the at-fault party and their representative on your behalf.
The Truck Accident Report
The police report will contain information your lawyer can use to build your case and prove your version of events, including:
- Driver and insurer contact details
- Vehicle points of impact
- Police-generated photos
- Road and weather conditions
- Driver actions or behavior
- Witness names and statements
It will also note potential causes and contributing factors and readily apparent injuries and vehicle damage. It may even contain narratives and diagrams from the investigating officer.
Medical Evidence
Your medical records and bills will document the cause of your injuries, as well as note their extent and the known and anticipated costs of treatment until you reach maximum medical improvement.
Proof of Income
The at-fault party or parties are responsible for the income you lose due to your injuries and recovery. This may include full and part-time employment, business ownership, and freelance and consulting income.
Photos and Videos
Dashcam, security, and residential and commercial surveillance video can support your case. Your lawyer will obtain them whenever possible. They may also be able to locate smartphone photos and videos from witnesses or passersby.
Witness Statements
Your lawyer may locate and interview any eyewitnesses who came forward after your accident. On top of that, they can identify and consult subject matter expert witnesses. In truck accident cases, this can include experts in the medical field and trucking industry.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientContact Our Truck Accident Team for Your Case Review
If you were injured or a loved one was fatally injured in a truck accident, a truck accident lawyer with our firm can help you recover fair and appropriate compensation. We handle every aspect of your case and never stop fighting for you.
Learn more about how hard we fight for you and the compensation you need and deserve by contacting our case review team at Laborde Earles Injury Lawyers today.