Truck accidents are some of the worst on the road. Not only do these serious crashes often lead to some of the most debilitating injuries, but pursuing compensation can also be confusing. The trucking industry involves many federal regulations, and there are multiple parties who might share liability for the victims’ injuries. On top of all of this, trucking companies may have aggressive insurance companies that try to minimize payouts to those who were harmed.
This is where a truck accident lawyer can help you. An experienced lawyer can help determine liability, investigate the accident, and fight for your right to full and fair compensation. But what does a truck accident lawyer do to achieve those results?
The Sevierville truck accident lawyers at Delius & McKenzie PLLC are ready to help protect accident victims just like you. Take a closer look at the range of responsibilities of a truck accident lawyer and why their expertise is crucial in securing justice for truck accident victims.
A focus on personal injury law
If someone is injured in a truck accident, they have the right to seek compensation for their injuries and/or property damage. However, navigating a legal claim can be difficult for the average person to do on their own. That’s where a truck accident lawyer comes in. An experienced truck accident lawyer can fight for the compensation victims deserve.
Truck accident lawyers can seek various forms of compensation for their clients, including the following:
- Medical bills, both current and future
- Lost wages and/or loss of income
- Vehicle damage
- Emotional suffering
- Physical pain and suffering
- Punitive damages (in rare situations)
Responsibilities of a truck accident lawyer
A truck accident lawyer has a range of responsibilities aimed at helping victims recover compensation for their injuries. The success of a case largely depends on strong evidence and a solid legal strategy. Some of the tasks these lawyers may perform include:
1. Investigation & evidence collection
Truck accident lawyers gather crucial evidence to build a strong case. The evidence may include:
- Documentation of vehicle damage
- Photos from the accident scene
- Surveillance footage
- Witness statements
- Information about the road and weather conditions
- Medical reports showing the victim’s injuries
In truck accident cases, a lawyer may also obtain vehicle and driver reports and logs. The vehicle’s maintenance and inspection records as well as the vehicle’s black box can expose important information about the truck and the actions of the driver. Some trucks are equipped with electronic control units or event data recorders that record speed, braking, acceleration, and other data, which can be helpful in proving liability.
2. Identifying potentially liable parties
Speaking of liability, this analysis can be challenging in truck accident cases. This is because multiple parties— such as the truck driver, trucking company, or cargo loader—could be responsible for the accident. A truck accident lawyer can work to determine whether any trucking laws and Federal Motor Carrier Safety Administration (FMCSA) regulations were violated. For instance, evidence of negligence may include improper licensing, falsified logbooks, or weight limit violations. These attorneys work to build a strong case against the liable party or parties by thoroughly analyzing these factors.
3. Handling insurance negotiations
Your lawyer can identify the liable party and calculate your losses. Then, they can submit a demand letter to the liable entity’s insurance provider asking them for the compensation you need to recover from the accident.
Insurance companies often attempt to pay as little as possible to protect their bottom line. A seasoned truck accident lawyer can negotiate with the insurance company and work toward the recovery of fair compensation.
4. Filing lawsuits & representing clients in court
Many cases will settle outside the courtroom. However, lawyers should always be ready to take a case all the way to trial.
The process starts with the lawyer formally filing a complaint against a liable party, who will have 30 days to respond. This complaint serves as the first document for the lawsuit. Once the case goes to trial, the lawyer can do their research by interviewing witnesses, drafting pleadings, and preparing discovery requests to build a compelling case.
5. Providing legal guidance
A truck accident lawyer is crucial in advising clients on their rights and legal options. They inform clients at every stage of the proceedings and help them make informed decisions. Moreover, the lawyer protects their clients from insurance companies’ tactics of offering minimum payouts.
A truck accident lawyer is your dedicated partner in these cases. They keep track of deadlines, file all required paperwork, and communicate updates with their clients. Although the job can be highly challenging, this work can help victims of these life-changing accidents get back to their lives.
Have you been in a truck accident?
A truck accident lawyer can assist you by using their experience and resources to investigate the accident case, gather evidence, and fight insurance companies on your behalf.
If you or your loved one has been in a truck accident, you don’t have to face this challenge alone. At Delius & McKenzie PLLC, our Sevierville truck accident lawyers are committed to protecting your rights and pursuing the compensation you deserve. Contact us today at (865) 428-8780 or fill out our online contact form for a free case evaluation.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.