Posted on: 7 October 2016
Were you involved in an accident with a semi-truck? If so, you likely got injured. Very few people walk away from these types of accidents unscathed. Many do not live to tell their side of the story. You are most likely worried because issues such as medical bills and lost time from work or other meaningful activities, as a result of a truck accident, can take a toll on most people. If you were seriously injured, you could pursue a personal injury case against the truck driver. If you want to pursue this, it is important that you use a truck accident attorney as a resource as soon as possible. This is because a number of unexpected issues pertaining to the accident may arise, and you will need to be prepared for them. The following are a few things that you may face if you wait a long time to file a suit.
There are many types of records that truck drivers and truck companies have to keep, and these records can be used as evidence in a personal injury suit. A logbook is an example of one type of record. There will also be evidence collected from the scene. However, it is possible for some evidence to go missing or be overlooked. Truck companies may even "mysteriously" misplace or shred important evidence. If you act quickly enough, however, a lawyer could send a Preservation of Evidence letter to the trucking company forcing them to keep all records and make a visit back to the scene of the accident.
It is important that other victims of the accident and witnesses give depositions as soon as possible. This will reduce the chances of witnesses not being available to provide feedback about what occurred if the case has to go to court. Giving early depositions will also ensure that whatever memories of the crash that witnesses have are accurate recollections.
Deflection of Liability
Unfortunately, some trucking companies try to minimize their liability and attempt to place fault on truck drivers. In return, some drivers deflect blame from themselves and may report questionable accusations about the trucking companies. Some drivers may even go as far as getting their own lawyers to represent them. A trucking lawyer could represent you and find liability for both parties. This may involve getting depositions from other truck drivers or even company executives. These depositions along with evidence from the accident scene and witnesses could prove that the trucking company willfully violated laws and that the driver of the truck was negligent. The average person would not be able to prove these things alone.
Persuasion or Settlement Offers
It is common for trucking companies and their insurance representatives to see where they erred. This often results in them contacting victims to make settlement offers. You should never accept a settlement without consulting an attorney. This is because the settlement offer may sound generous, but you may be entitled to more or need more compensation. Accepted settlement offers are valid, and you will likely have no recourse to renegotiate an accepted offer.Share