Truck accidents often result in severe injuries or fatalities due to the large size and heavy weight of commercial trucks. Unlike a typical car-to-car collision, an accident with a heavy truck can cause much more serious damage, especially to any drivers or occupants of smaller vehicles.
Litigation following such accidents is also typically complex, involving multiple parties and intricate legal and regulatory issues. It is important to understand how truck accident cases are litigated in order to plan the best strategy for recovering damages.
Initial Steps
- Immediate Response. After a truck accident, immediate actions include calling emergency services, seeking medical attention, and documenting the accident scene. Gathering evidence such as photos, witness statements, and police reports is crucial.
- Consultation with an Attorney. Victims or their families should consult a personal injury attorney experienced in truck accident cases. These attorneys understand the complexities of such cases and can guide the victim through the legal process.
Investigation
- Comprehensive Investigation. Attorneys will conduct a thorough investigation to determine liability. This involves:
- Reviewing Accident Reports: Police and accident reports provide initial insights.
- Analyzing Evidence: Photos, videos, skid marks, and debris patterns are examined.
- Witness Interviews: Statements from eyewitnesses can corroborate the sequence of events.
- Expert Analysis: Accident reconstruction experts may be employed to recreate the incident.
- Gathering Trucking Company Records. Attorneys will request records from the trucking company, such as:
- Driver Logs: To check for violations of hours-of-service regulations.
- Maintenance Records: To ensure the truck was properly maintained.
- Black Box Data: To analyze data on speed, braking, and other driving behaviors before the crash.
- Company Policies: To assess if the company adhered to safety protocols.
Establishing Liability
- Identifying Potential Defendants. Multiple parties can be held liable in truck accidents, including:
- Truck Driver: For negligent driving behaviors.
- Trucking Company: For hiring practices, training, and maintenance policies.
- Manufacturers: If a defect in the truck or its parts contributed to the accident.
- Third-Party Contractors: Such as those responsible for cargo loading.
- Determining Negligence. To establish negligence, the plaintiff must prove:
- Duty of Care: The defendant owed a duty to the plaintiff.
- Breach of Duty: The defendant breached this duty.
- Causation: The breach directly caused the accident.
- Damages: The plaintiff suffered actual damages due to the accident.
Legal Proceedings
- Filing a Lawsuit. If a fair settlement cannot be reached through negotiations, the attorney will file a lawsuit. The complaint will outline the plaintiff’s case, including the facts, legal theories, and demands for compensation.
- Discovery Process. During discovery, both parties exchange information and evidence. This phase includes:
- Depositions: Sworn statements from witnesses and parties involved.
- Interrogatories: Written questions that must be answered under oath.
- Document Requests: Requests for relevant documents from the opposing party.
Settlement Negotiations
Negotiation and Mediation. Most truck accident cases are settled out of court. Attorneys will negotiate with the defendant’s legal team and insurance companies to reach a fair settlement. Mediation may be used to facilitate negotiations.
Trial
- Trial Preparation. If the case goes to trial, attorneys will prepare by:
- Developing a Strategy: Formulating arguments and examining evidence.
- Selecting a Jury: Choosing impartial jurors.
- Preparing Witnesses: Coaching witnesses on providing clear and consistent testimony.
- Trial Proceedings. During the trial:
- Opening Statements: Both sides present their case overview.
- Presentation of Evidence: Both parties present evidence and question witnesses.
- Closing Arguments: Final summaries and appeals to the jury.
- Jury Deliberation and Verdict: The jury deliberates and delivers a verdict.
Post-Trial
- If either party is dissatisfied with the verdict, they can appeal to a higher court. The appeals process involves reviewing trial records and arguing that legal errors affected the outcome.
Compensation
- Victims of truck accidents may be entitled to compensation for:
- Medical Expenses: Current and future medical bills.
- Lost Wages: Income lost due to inability to work.
- Pain and Suffering: Emotional and physical distress.
- Punitive Damages: In cases of egregious conduct by the defendant.
Litigating truck accidents involves a detailed and methodical approach, requiring extensive investigation, negotiation, and legal expertise. Due to the complexity and potential severity of these cases, having experienced legal representation is crucial for achieving a fair outcome.
At Barber & Associates, we have many years of experience litigating and settling truck accident cases. Let us go to work for you to maximize your settlement and get you the money you deserve.