The legal process for truck crashes differs significantly from those involving passenger vehicles. Truck accident victims often face multiple defendants and insurance companies, and some may have complicated or long-term injuries. An experienced attorney can guide you through the process and ensure you are adequately compensated for your injuries and losses.
A lawyer will first assess your truck accident lawsuit injuries and determine if you are eligible to file a lawsuit. To do so, they will review medical records and consult experts if needed. They will also examine evidence from the crash scene, including skid marks and points of impact on your vehicle. They will also investigate the truck itself to see if any mechanical issues caused the crash. In addition, they will review the truck driver’s record to see if federal regulations like Hours of Service were violated or if drugs or alcohol were involved.
As soon as possible, you should collect any available evidence from the crash site. However, be careful not to endanger yourself or obstruct traffic. For example, you should take pictures of your vehicle and the truck from different angles, as well as any skid marks on the road related to the crash. Also, try to get names and contact information from any witnesses who witnessed the accident. Witness statements can be vital in determining how an accident happened and who is at fault.
While some truck accidents occur due to poor weather or road conditions, most are caused by negligence on the part of the trucking company or truck driver. This can include driving while fatigued, speeding, and failure to properly inspect and maintain the truck. It is also common for trucks to be overloaded, which can cause them to lose control and crash.
Once they have reviewed all of the available evidence, your attorney will prepare and send a demand letter to the trucking company or insurer responsible for your injury. This is an official notice that they are being sued for their negligent actions and will only be released from liability when certain terms have been met, such as a specified compensation amount for your physical and financial losses.
If a settlement is not reached, your attorney will prepare for trial. Depending on the severity of your injuries, they might call expert witnesses and present an economic damage analysis to show how much you are entitled to receive. For example, your losses might include past and future medical expenses as well as loss of income due to your inability to work.
It is important to have an attorney handle all communications with the insurance companies as they can be difficult to deal with and could damage your case. If they contact you directly, let them know that your attorney represents you and do not sign anything. An experienced New York truck accident lawyer can do this for you.