truck accident

The Importance of Getting a Lawyer Involved Early in a Trucking Accident

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In the aftermath of a trucking accident, you may find yourself grappling with physical injuries, emotional trauma, and a host of legal challenges. An attorney’s involvement can make a significant difference in the trajectory of a case from preserving evidence to tackling complex regulations and dealing with insurance companies. A prolific truck accident attorney can collect evidence and prove the liability of the at-fault truck driver and trucking company to get you the financial compensation you deserve.

Preservation of Evidence

Time is of the essence when it comes to preserving evidence in a truck accident case. Commercial vehicles are often equipped with black boxes and other electronic data recorders that can provide vital information about the events leading up to the accident. Swift action by your attorney can ensure that this evidence is protected before it can be tampered with or lost. 

These are a few other types of evidence your truck accident attorney will obtain for you:

  • Accident scene evidence
  • Driver logs and records
  • Maintenance records
  • Witness statements
  • Police reports
  • Medical records
  • Expert testimony
  • Cell phone records
  • Surveillance footage
  • Communication records
  • Load and cargo information
  • Insurance documents
  • Driver training and qualifications

Understanding Complex Regulations

18-wheeler accidents involve a myriad of state and federal regulations that govern the industry. The early involvement of a lawyer in a claim is essential for a comprehensive and effective legal response. Attorneys specializing in truck accidents have a deep understanding of the laws, giving them an edge in building a strong case. Your attorney will essentially:

  • Interpret federal and state regulations governing the trucking industry.
  • Identify potential violations related to driver hours-of-service, vehicle maintenance, and other safety standards.
  • Check for compliance verification with regulations such as those set by the Federal Motor Carrier Safety Administration (FMCSA).
  • Apply regulatory knowledge to assess liability in trucking accidents.

Dealing with Insurance Companies

Insurance companies representing the truck industry are known for their aggressive tactics in minimizing payouts. You can level the playing field by having an attorney on your claim early. Your lawyer will communicate with the insurance company on your behalf, ensuring that your rights are protected and that you don’t inadvertently make statements that could harm your case. 

These are a few ways an experienced attorney will help you obtain maximum compensation:

  • Documentation of damages
  • Negotiation for fair compensation
  • Protection against unfair practices
  • Review of insurance policies
  • Timely responses to insurance queries
  • Preventing recorded statements
  • Filing lawsuits if necessary
  • Resolution of subrogation issues
  • Appealing denials

Establishing Liability

A proven truck accident lawyer will conduct a thorough investigation to identify all liable parties and build a case that holds them accountable for the damages. These are a few possible defendants in a truck accident claim:

  • Truck Driver
  • Trucking Company
  • Truck Manufacturer
  • Maintenance and Repair Contractors
  • Freight Loading Company
  • Third-Party Drivers or Vehicles
  • Government Entities
  • Parts Manufacturers
  • Shipping or Brokerage Companies
  • Employers of Negligent Third Parties
  • Insurance Companies

Maximizing Compensation

These are a few steps an experienced personal injury lawyer will take to obtain maximum compensation for damages:

  • Comprehensive assessment of all damages incurred, including medical expenses, property damage, lost wages, and pain and suffering.
  • Thorough documentation of the economic and non-economic losses suffered as a result of the trucking accident.
  • Identification and presentation of evidence supporting the full extent of the victim’s injuries and their impact on daily life and future well-being.
  • Consideration of long-term consequences of injuries, including potential future medical expenses, rehabilitation costs, and diminished earning capacity.
  • Inclusion of emotional distress and psychological trauma as part of the compensation claim.
  • Preparation for litigation if a fair settlement cannot be reached, aiming to present a compelling case in court to maximize compensation.

Avoiding Costly Mistakes

Lawyers have the necessary legal experience and knowledge to avoid pitfalls and ensure that the legal process is followed correctly:

  • Careful review and verification of all legal documents to prevent errors that could negatively impact the case.
  • Strategic guidance to the client regarding statements made to insurance companies or other parties to avoid unintentional admissions of fault.
  • Thorough investigation to gather all relevant evidence, minimizing the risk of overlooking vital information.
  • Clear communication with the client about the potential consequences of certain actions or decisions during the legal process.
  • Avoidance of settlement agreements that may undervalue the client’s claims or fail to account for all damages.

Accident Reconstruction

Lawyers work with accident reconstruction specialists to analyze skid marks, vehicle positions, and other physical evidence. Early involvement ensures a timely and accurate reconstruction, strengthening the case. These are a few ways accident reconstruction experts can help with filing a successful claim:

  • Determination of the sequence of events leading up to the accident.
  • Analysis of skid marks, vehicle positions, and other physical evidence to understand the dynamics of the collision.
  • Evaluation of factors such as speed, braking, and acceleration to reconstruct the actions of the vehicles involved. 
  • Clarification of liability by establishing which party or parties were at fault based on the reconstructed events.
  • Support for expert witnesses and legal arguments during negotiations or court proceedings.

Statute of Limitations

Every legal case has a statute of limitations, which is the timeframe within which a lawsuit must be filed. Waiting too long to involve a lawyer can result in missed deadlines and the inability to pursue a case. In Georgia, the statute of limitations for filing a truck accident claim is two years.

Our Trusted Truck Accident Lawyers are Here to Give You the Best Legal Advice and Support. Call Now.

If you have been involved in a truck accident, the highly-rated truck accident attorneys at Miller Injury Trial Law will bring a wealth of knowledge and experience to represent you strongly during negotiations with the defendants. We have a proven track record of recovering substantial settlements and verdicts for our clients. To schedule your free consultation, call us at 855-44MILLER or fill out this online contact form.