3 Legal Priorities In Trucking Accidents

Trucking accidents more likely to result in serious injury or death than an accident involving two passenger cars. The weight of the truck is considerably enormous and its built is solid, which creates a significant impact upon collision with a smaller vehicle. In addition, the driver sits high above in the cab of a truck, while the driver of the smaller car is located lower to the ground.

In a recent statistical report, about 4,119 death cases of large truck crashes occurred in 2019, in which 16% of the cases were truck occupants and 67% were occupants of smaller vehicles. If you get involve with a truck accident, what should be your legal priorities? Learn about the legal priorities of a trucking accident below.

• Hiring A Truck Accident Lawyer 

The first legal priority in a trucking accident is to hire a lawyer who is an expert in handling truck accidents. Truck accident lawyer strategies and techniques require the necessary experience because of the complexities involved in truck accident cases. 

Most often than not, truck drivers are employees of companies, such as those in the shipping and manufacturing industries. So, the victims of a truck accident have to deal with the trucking company, the driver, the employer, and the insurance company. There’s a lot of things to consider and evidence to prove. 

Hiring a truck accident lawyer can help you by:

• Gathering the right evidence to prove your settlement demand or compensation claim 
• Calculating the possible amount of a fair compensation for your damages 
• Ensuring preparation, signing, and submission of all legal documents and paperwork
• Negotiating with the insurance company and at-fault party on your behalf 

• Preserving And Collection Of Evidence

A crucial legal aspect of any accident case is the preservation and collection of evidence. Right after the accident, you need to seek immediate medical attention for your injuries to ensure you’ll get medical certification and document all your physical injuries from the truck accident. 

The police officers may also ask for your statement right after the incident. At this point, you may still be in a state of shock and cannot provide a clear narrative statement of the situation, which is understandable. So, it’s best to wait for your lawyer before you give any statement. It will also help you from incriminating yourself which can affect your legal case. 

While the police responders will be making their own investigation of the truck accident, you can take additional evidence by using your smartphone camera to take photos and videos of the incident. Just make sure that you don’t have injuries and you stay safe when doing this step. 

• Filing A Claim

According to a Texas traffic crash report, an individual died every two hours and 25 minutes in 2019 and another was injured every two minutes and three seconds. Just imagine the number of claims resulting from these accidents. 

So, how do you go about filing a truck accident claim? You and your lawyer should discuss about the case and gather sufficient evidence to prove your claim. Once you have all the pieces of evidence you need, it’s time to do the following:

• Send A Demand Letter: Your lawyer will create and mail a letter to the other party’s insurance service provider. The demand letter lets the other party and the insurance company know that you want to file a claim and they’re liable to you. It contains your specific demand or the payment amount you can accept to restore justice. 

• Proceed To A Settlement Or Court Trial: If the other party accept your demands, then you’ll receive the payment settlement and the case resolves. The insurance company can also make a counter offer and you and your attorney can review if the offer is fair enough. Otherwise, you can proceed to court trial if you don’t reach an agreement.

• Proceed To Court Trial: If the trucking company or the insurance company don’t accept your demand or you’re not happy with the settlement offer, then you can take the matter to court. In most cases, the case settles early on in the court trial process or even before this step. The discovery process in a court trial involves exchanging legal details, requesting documents, and conducting depositions.

Conclusion

The legal priorities in trucking accidents include hiring an experienced lawyer and filing a compensation claim. You may want to take your case further in court if negotiation or settlement fails. Therefore, you need to know all your legal options, including their advantages and drawbacks. Don’t hesitate to discuss all your concerns with your truck accident lawyer to resolve your case as soon as possible.