During a truck accident lawsuit, it is typical to expect challenges along the way. The company will be aiming to protect both the driver and the brand throughout the proceedings, and they will have an expert team of lawyers on board to get the job done. At Karns & Karns Truck Accident Attorneys, we understand how much strain this will put on you, the victim, trying to navigate it all. That is why we are here to help. The following guidance tells you everything there is to know about the legal challenges in a commercial truck accident lawsuit.
Proving Negligence Regarding Duty of Care
Duty of Care is something that is referred to a lot during commercial truck accident lawsuits, therefore it is helpful to understand a bit about what it means. This context will enable you to deduce whether there is a route forward or not with the lawsuit. This term represents what is expected from commercial truck drivers while they are operating their vehicles. A truck accident lawyer at Karns & Karns Truck Accident Attorneys can talk this through with you to answer any questions, but here are some further details.
What That Means for Truck Drivers
While they are held to the same standards as other road users in that they must not drive while drunk or intoxicated in another way, speed, and respect all driving laws, there is a higher obligation placed on them too. This means that truck drivers must pay special attention to extreme weather conditions, especially when controlling a vehicle carrying hazardous materials, and it also requires a driver to self-manage to a higher extent than other types of vehicle users.
How Commercial Truck Companies Use This
A commercial truck company, regardless of its fleet size, will always have this embedded into any contract or policy to protect its reputation and interests. They are legally required to keep records of all drug and alcohol tests for up to three years if a driver fails, and one year when the slate is clean. They must also ensure all driving data is stored legitimately so that it can be referenced if the need arises. So, if you are attempting to claim negligence on the part of the truck driver, they will use all of this information to prove you wrong or potentially highlight why they could be reasonably assumed to have operated within the scope of the law. This will be the first challenge to overcome. A personal injury accident lawyer from our team will be able to provide assistance here.
Debating Liability
The facts above will often lead to a serious discussion about who is liable for the accident and why. This expert personal injury law firm has the right tools for the task at hand and will be able to advocate on your behalf, but there are some steps to be considered before that can happen. This is always the trickiest part, but here are some things that will help the process run more smoothly and reach the best possible outcome for your future.
Collecting Evidence
The challenge here is that the commercial truck company will also be collecting evidence, and lots of it. For you, this means having a truck accident lawyer on your team will be extremely useful, to say the least. There are plenty of categories here that will be valid and contribute positively to the outcome you want.
If you have any of the following, your road accident lawyer will need to see it in order to ascertain its value.
- Photographs from the scene of the accident
- A police report was written at the time the event took place
- Witnesses so that they can offer an official statement
- Onboard Computer/Black Box data
- Surveillance or CCTV footage from the area and the date of the incident
- The truck driver’s name, license, and company
- Medical expenses and proof of injuries
- Any loss of earnings, for instance, bank statements
- Anything to support the effect on your mental well-being
- Vehicle repair costs and receipts
Low Settlement Offers
The next obstacle to overcome will be the inevitable low settlement offer. The company will want the suit to be settled quickly and with as little noise as possible. They will work very hard to keep it out of the media, despite whatever happened during and after the event. Ultimately, this often plays out as the victim or victim’s family being offered a lump sum to make all the proceedings come to a halt. It is vital that you know you are in no way obligated to accept this offer. It may be tempting when medical bills are piling up and there are things like loss of income to navigate to, but nine times out of ten, this offer is nowhere near what you are realistically owed.
Other Victims Claiming as Well
A truck accident tends to be a serious incident. They are large vehicles carrying goods and when something happens, it is likely that multiple parties were involved. In fact, it is rarer to find only one victim of a truck accident event because of the sheer size and nature of these types of vehicles. Therefore, you may also be facing the challenge of navigating a lawsuit around other claimants trying to achieve the same thing.
The more people that claim, the higher the pressure will be for the company to settle and do so quickly. You might face being strongarmed into saying the wrong thing and therefore exposing yourself to liability. You could also feel the intense pressure of accepting a lower offer if someone else claiming sets an example of doing so. There is every chance that, despite the company’s best efforts to move otherwise, the lawsuit will take a long time to conclude because of the volume of claimants involved as well.
Life after a truck accident is never the same, regardless of how severe your injuries were or whether or not there is a wrongful death claim to be made for a loved one. Fortunately for you, Karns & Karns Truck Accident Attorneys are here to ease the burden. With expertise leading the way to a brighter future, the claim will be brought to justice.
