Unfortunately, often truck accident injuries affect the occupants of smaller cars or pedestrians rather than the truck drivers themselves. But some truck injury claimants fail to get any compensation because they take it up themselves.
However, a personal injury lawyer will offer these services to improve your chances of winning.
Truck accidents are more difficult to handle than common vehicle injuries. You may think that you know the liable parties, but it is more complicated to pinpoint them. Liability may fall on the:
- Truck driver
- Trucking company
- Insurance company
- Government institutions
- Manufacturing company
Sometimes the driver is an independent contractor who isn't attached to any agency or a direct employee of the trucking company. The truck driver may be held responsible if they neglect working hours, are on drugs, have operational issues, and other scenarios where the truck's condition or the driver's physical state was their sole responsibility.
The trucking company may be held responsible, but this becomes very difficult to prove when representing yourself. For example, the trucking company may overwork drivers, break regulations to increase speed, avoid inspection, or use faulty equipment on the truck. On the other hand, cargo companies may fail to secure the cargo properly or thoroughly inspect the cargo.
Truck manufacturers may also sell defective parts or trucks, making them liable. Whatever the cause, truck injury lawyers are better equipped to prove liability, which mostly involves calling in an expert witness.
Provide a Legal Strategy
You should hire a personal injury lawyer to help you build a compelling case. Every injury case is different, and more than one party may be responsible for the accident. The workload and frustrations may overwhelm an already injured person. Thankfully, a truck accident attorney is better suited for the job.
Whether the case is settled out of court or goes to trial, a truck injury attorney can help with the following:
- Collect all evidence such as the truck's onboard information system, eye witness statements, police reports, accident scene photos, expert testimonies, and more
- Find out insurance carriers and liable parties
- Settle with the insurance company for reasonable compensation
- Bring the case to court if negotiations fall through
Be sure to reach out to an experienced attorney if you feel your case might be too complicated.
Ensure Insurance Companies Apply Comparative Fault Laws
Every state has its comparative fault laws used to determine the amount the complainant will get for their injury. The courts will compare how much responsibility every party had for the accident, including you. Depending on the state, if you are not responsible for more than 50% of the accident, you may be compensated.
It would help if you had a lawyer to guide you through these legal processes. Unfortunately, many people avoid hiring lawyers because legal fees discourage them. However, some firms work on contingency, which means they will take their fee once they win your case (at a rate agreed in advance).
Contact a law firm like Bradley Drendel & Jeanney to learn more.