While most modern vehicles come with advanced safety measures, road crashes can be unavoidable at times. Such accidents can cause a lot of personal and vehicular damage, especially when caused by heavy vehicles like trucks. Here, it becomes crucial to get immediate legal assistance to seek compensation for damages. This is where truck collision lawyers come in. They can represent one in court and help them find the best course of action following the accident.
Role of a truck accident lawyer
A truck collision or accident lawyer is a type of personal injury lawyer specializing in truck crash cases. The professional represents those involved in a truck accident who have been affected by the negligence of another, usually the truck driver. The lawyer specializes in tort law, which is a private or civil wrong that may be remedied through compensation for damages. Here, the negligence of the wrongful party in the accident is the basis of the case, so damages are sought from this party. For instance, when dealing with an 18-wheeler truck accident, a lawyer may help their client seek reimbursement from the truck driver/company to cover lost wages, loss of earning capacity, vehicle damage, and any physical issues. The lawyer may also handle other personal injury cases, like bicycle, car, and bus accidents.
Key responsibilities
A lawyer in charge of a truck collision case may have multiple responsibilities as they will handle the case from start to finish.
Investigating
Before taking on a case, a truck crash lawyer will examine the details and determine whether or not the case is strong and valid. The professional may work on a contingency basis, which means they only get paid if their client gets monetary compensation. So, the lawyer needs to ensure the case has a good chance of winning before signing up for it.
Collecting evidence
This is a crucial step, as evidence will substantiate the client’s claim. A truck crash lawyer may gather evidence by visiting the accident site and reviewing pictures and video footage (if any) of the accident. Other measures include contacting witnesses and getting statements, evaluating vehicle damage, and reviewing the client’s wellness reports and expenses. Based on these details, the lawyer will build a case.
Sending demand letters
The legal expert may send demand letters to the at-fault party’s insurance company. These letters outline facts associated with the collision and demand specific compensation for the damages.
Negotiating
The at-fault party’s insurance provider will try to find ways to reduce the payout in an accident. So, it may typically offer a lower settlement or none at all. This makes negotiations important. Here, the lawyer is supposed to communicate with the insurance company and come up with the best possible settlement offer. The lawyer will also review the insurance policy and negotiate a fair settlement that covers victim damages.
Preparing complaints
If the lawyer cannot negotiate a fair settlement, they may send a complaint to the at-fault party. The complaint is one of the first documents filed in a truck accident lawsuit. Once it is sent, the at-fault party has 30 days to respond to it.
Initiating discovery
After a lawsuit is filed, the truck collision lawyer will begin preparing a case in anticipation of a trial. Most truck accident cases usually settle before they go to court. Still, an experienced lawyer prepares for all cases, gathers evidence, researches relevant case law, and begins forming legal theories associated with the accident. The lawyer handling the 18-wheeler case may also interview and depose witnesses, draft court pleadings, and come up with discovery requests.
Representing the client in court
If a truck accident case goes to trial, the lawyer will represent the client in court. An experienced legal professional will be familiar with each step involved in the trial process.
Tips for hiring a truck accident lawyer
While one might find many truck accident lawyers in their area, they must consider a few things to narrow down the options and choose the best professional for the case.
Look for relevant experience
One should look for a lawyer with enough experience in dealing with truck accidents. Experience in handling auto accidents might not be enough, as the trucking industry is subject to different regulations than passenger cars.
Ask about contingency fees
A lawyer usually handles personal injury cases on a contingency fee basis. So, instead of an hourly rate, the lawyer gets a percentage of the amount one receives in a settlement or a trial. The percentage typically starts at 33% but might be higher if the case goes to trial. It is best to have an estimate when hiring a lawyer.
Assess compatibility and communication skills
The convenience of communicating freely with an attorney is crucial. One should also be able to trust the lawyer to provide them with satisfactory results. In conversations, the lawyer should be willing to answer questions, explain the next steps, simplify complex legal jargon, and provide regular updates on the progress of the case. So, compatibility and ease of communication are key factors to consider. One can gauge these things during their initial conversations with a given lawyer.
Consider trial experience
Some truck collision lawyers focus on getting settlements from the insurance company quickly. However, having a professional with trial experience can come in handy when a settlement cannot be reached.