Why You Should Hire A Truck Accident Lawyer
Posted in Truck Accidents on December 16, 2020
Accidents involving large commercial trucks can be devastating. Victims who have sustained an injury will find that the aftermath of these incidents can be very confusing, particularly when trying to establish liability to recover compensation.
If you or a loved one have been injured in an accident involving a commercial truck, you should secure assistance from a Nashville, Tennessee truck accident lawyer as soon as possible. Data available from the Tennessee Department of Transportation shows us that there were more than 13,500 total large truck crashes across the state during the latest reporting year.
The incidents resulted in thousands of injuries and 156 fatalities. This data shows us that truck accidents are not uncommon and that our citizens need to know who to turn to if they need help.
1. An attorney has the resources necessary to investigate the claim
It is important to understand that trucking companies will likely have extensive resources that they can use to defend themselves in the aftermath of a crash. Not only will they have insurance carriers on their side who do not want to pay out money in a claim, but they will also be able to hire skilled attorneys to defend their case.
When you work with a Tennessee truck accident lawyer, you are leveling the playing field by hiring somebody who has the resources to stand up to these other parties. Not only will your attorney have the resources to go toe-to-toe with trucking companies, but they will also have the legal expertise necessary to handle every aspect of your claim.
2. An attorney can help prove liability
The most important factor in gaining compensation in the aftermath of a commercial truck crash is proving liability for what happened. These incidents can occur in a variety of ways, and it is often discovered, through the course of an investigation, that the actions of a truck driver or trucking company are to blame. It is not uncommon to discover that a truck crash was caused by a driver:
- Operating while impaired by alcohol or drugs
- Operating while distracted by a phone or another device
- Driving too fast for conditions
- Disregarding traffic safety laws
- Disregarding federal and state truck requirements
- Operating beyond the allowable hours of service per day and per week
In some cases, it is discovered that a trucking company is responsible for the incident. Truck companies are required to follow state and federal laws regarding operating these vehicles. This includes conducting regular inspections and maintenance on the vehicles as well as properly supervising their drivers.
Failing to inspect and maintain the vehicles on a regular basis could lead to vehicle failure and severe accidents. Additionally, it is not uncommon for truck companies to pressure drivers to overload their vehicles or to operate more hours than they are allowed to under the law.
Determining liability is going to require extensive investigation on the part of an attorney. An attorney will be able to uncover photo and video surveillance of the incident, statements from eyewitnesses, accident reports, company safety records, and vehicle “black box” data.
3. An attorney can calculate your total losses
A major part of ensuring that truck accident victims are fairly compensated is properly calculating their total losses. The truck accident lawyer will work with trusted medical and financial experts to properly calculate total economic and non-economic damages. This can include the following:
- All medical expenses caused by the truck crash
- Lost income if a victim cannot work while they recover
- Any household out-of-pocket expenses
- Pain and suffering damages
- Loss of quality of life damages
- Possible punitive damages against a grossly negligent truck driver or trucking company
4. An attorney understands the statute of limitations for the case
It is important to understand that there are time limits involved in these cases. The personal injury statute of limitations in Tennessee is one year from the day the accident occurs. This time limit is shorter than most other states across the country. If a truck accident victim fails to file a lawsuit within this one-year timeframe, they will lose the ability to recover any compensation for their losses.
A skilled Tennessee truck accident lawyer will understand this time limit and ensure that the case is filed on time.
5. An attorney can negotiate with all parties involved
Importantly, an attorney is going to handle all communication and negotiations with other parties involved. It is crucial that an injury victim does not communicate much with insurance claims adjusters or the legal teams of the other party.
These are the adversaries, and they will use various tactics in an effort to limit the amount of money they payout in a settlement. This includes trying to get the injury victim to say or do something that could jeopardize their claim.
In addition to handling communication with other parties involved, an attorney will be responsible for negotiating with insurance carriers to get fair compensation secured for their client. If the insurance carrier refuses to offer a fair settlement, an attorney will file a personal injury lawsuit on behalf of their client and begin the civil court process.
A civil personal injury lawsuit in Tennessee can be complicated, but an experienced attorney will have already navigated this process many times. They will continue to investigate the case, participate in the discovery process with the other side, and continue negotiations.
6. An attorney can prepare your truck accident case for trial
If both sides are still unable to reach a fair settlement, whether through insurance negotiations or during the mediation process of a personal injury lawsuit, a truck accident lawyer will fully prepare the case for trial. This includes preparing their client for questioning by a jury.
The vast majority of personal injury claims do not go to trial, but you need to find an attorney who has no problem taking the case as far as necessary to ensure you receive the compensation you deserve.