How to Know if You Have a Truck Accident Injury Case
Some of the most dangerous accidents are those involving trucks. In fact, a large percentage of fatal vehicle accidents are trucking accidents. If you sustain a truck accident injury because of someone else's negligence, you may have reasonable cause to file a lawsuit to recover expenses incurred.
There are a handful of common causes for trucking accidents. Truck drivers often spend long hours behind the wheel resulting in fatigue. Trucks are large and heavy vehicles, making them more difficult to maneuver. This makes them more prone to jackknifing and rollovers.
Truck Accident Injury Cases
If you are injured in a trucking accident caused by someone else, then you may be entitled to collect monetary damages. The type of case you would file in such a situation is known as a personal injury claim.
At the crux of any personal injury case is proving fault. In the case of a truck accident injury lawsuit, you will have to prove that someone else is at fault for the accident. In an auto accident, this is fairly straightforward. You present evidence--including police reports, photos of the accident, and witness testimony--to prove that the other driver was at fault for the accident which caused your injuries.
However, with truck accident injury cases, its not so simple. This is because there are a number of parties who could be at fault. The truck driver, the trucking company, or the manufacturer of the truck could be to blame for your accident.
Because of this complexity, it is important to find a truck crash attorney if you are considering filing suit. Truck crash attorneys can investigate the evidence of your case and make a determination of whether you have grounds for a personal injury lawsuit and who in particular you should name in your suit as the defendant.
Evidence in a Truck Accident Injury Case
The type of evidence that your attorney will look at includes the truck drivers safety records, the truck companys safety records, phone records of the driver and the trucking company, the truck drivers work personnel file, and records of the truck drivers training, licensing, and other qualifications, as well as witness reports.
If, for example, the trucker has a spotty safety record, then you may have a good case against the truck driver, depending on other particulars of the accident. If the trucking company has a history of accidents or improperly training its drivers, then you may have a case against the trucking company. Once again, a truck accident lawyer will be able to look at the information available and help make this determination.
Finally, your lawyer may seek to strengthen your case by seeking the assistance of various experts. Through their knowledge and skills, experts can help establish liability in truck accident cases, which means that they can help prove who caused your injuries.
Examples of experts include forensic specialists, people experienced in accident reconstruction, and trucking safety specialists.
It is important to understand that if you do have a solid case, your lawyer will likely attempt to settle with the party that is at fault. To do this, your lawyer will write a demand letter to the opposing party citing your intention to sue, the basis of the suit, and the injuries you have sustained. It will also list a settlement amount. If the party agrees to the settlement amount, then the matter is over. Usually, the other party will provide a counter-offer, which will begin a negotiation process. If this does not work, you may have to take your case to trial.