If you or a loved one is in an accident with a truck, resulting in injury or fatality, you may consider pursuing a lawsuit against the driver of the truck. To be successful, you must generally prove that the other driver was negligent or made a mistake. It is difficult to do this as an individual, but an experienced lawyer can help you do so.
First, you should know that timing is extremely important. You must retain an experienced lawyer as soon as possible. This is because the trucking company and its insurance company will begin damage control immediately. They know that these types of accidents happen, and are ready for them. They have very good lawyers, who have a plan in place: you need the same advantage.
A board-certified trial lawyer will have the relationships necessary inside the justice system to work as efficiently as possible on your behalf. Furthermore, trucking accident liability is a specific area of the law: a general practitioner will not have the vast experience in these types of accidents that you would want them to have. They will take the steps necessary to prove negligence in your case. It will involve uncovering documents to help your case, including:
- Drivers’ logs: Trucking companies require their drivers to document everything they do. These notes can lead to inferences about the driver’s fatigue or other elements that might help your case.
- Training documents: How the company trains their drivers to behave may illustrate their lack of care regarding safety procedures, which could have contributed to your accident.
- Personnel files: Was the driver known to be careless? Personnel files can offer insight into the driver’s history.
- Data from electrical control module of the vehicle: Electrical control modules are a part of a truck’s electronics system that controls the electrical aspects of the vehicle. If they malfunction, it can cause an accident.
- The truck’s inspection records: Trucking companies have a responsibility to ensure that their trucks are serviced frequently and kept in good condition. Inspection records can show whether the truck should even be on the road.
Your lawyer will know what measures to take to ensure these documents are produced and preserved. If you delay finding representation, the trucking company may destroy or lose these records, negatively affecting your case.
Additionally, an inspection of the vehicles and the scene can be instrumental in proving negligence. Your lawyer will want to create a record of not only the damage done to your vehicle, but also the condition of the truck and whether it appears to be in ill repair, which may have contributed to causing the accident.
The scene also holds a lot of good information that your lawyer may be able to use. The condition of the road surface, location of barriers, the weather and even tire tracks can all impact your case, and they are all pieces of evidence that can quickly be lost if you do not hire a lawyer right away.
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