California has a lot of truck-related accidents. In fact, according to the Federal Motor Carrier Safety Administration Crash Query Tool, it is second only behind Texas, with 4,172 crashes in 2022. In many of these incidents, visitors will want to seek compensation for their injuries and other losses.
After a trucking accident, you might feel like you can handle the process alone. But did you know that the trucking company and their insurers have a team of lawyers ready to dispute your claim?
Often, they will try to blame you for the accident, leading to a reduction in your compensation or a dismissal of your case. For that reason, you will want to have an experienced truck accident lawyer to assist.
What can a lawyer do for you after a truck accident? At Frost Law Firm, PC, we are ready to help answer that question. Find out why a lawyer is a valuable resource for your case.
Determining the Responsible Parties
While other vehicle accidents can be straightforward, that is not always true with truck accidents. Many times, multiple parties could be responsible for the crash.
When you have an experienced truck accident lawyer on your side, they will get to work by starting an investigation. During this time, they will look at all the evidence and consult an expert witness to determine who is at fault.
Some of the parties can include:
- The truck driver
- Trucking company
- Maintenance contractor
- Vehicle and parts manufacturer
- Cargo loaders
Anyone responsible for the vehicle could be liable for the accident. With assistance from an attorney, they will work to put the pieces of the puzzle together to hold those accountable for their actions or inactions.
Prove Negligence
You may be entitled to compensation for your losses in these cases. However, to recover damages, your legal team must demonstrate negligence on the part of the responsible parties. Negligence can include a wide range of actions, such as:
- Speeding
- Distracted driving
- Violating safety regulations
Whether negotiating with the insurance company or heading to civil court, you will need a strong case that focuses on the other party’s negligence. Your lawyer will work to gather evidence, such as:
- Accident report
- Physical evidence, including photos and videos
- Witness statements
- Expert opinions
With that, they can start to build a case to support your claim. For example, if the other driver was texting while driving, your lawyer may be able to obtain phone records that show they were using their phone right before the crash.
Additionally, your lawyer must show that the other party’s negligence was the direct cause of your injuries or damages. Consulting with medical experts can help determine the severity of injuries and how they have affected your life.
Collect and File Documents on Time
If you seek compensation, you must file the appropriate documents for your claim. In any state, there are statutes of limitations, which is two years in California. With that timeline, you must file within the deadline, or you could lose out on compensation.
With an attorney assisting with the case, they will make sure that all paperwork meets the restrictions.
Plus, you will not have to worry about contacting the police department or insurance company for relevant paperwork; your legal team will help with that information and documentation.
Calculate Damages
After being involved in a trucking accident, victims can suffer from significant physical, emotional, and financial losses. When it comes to negotiating a settlement, your attorney can help assess the extent of your damages. Some of these damages can include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Future medical and rehabilitation costs
You need to have an exact number for your requested competition. With that, you can make sure the responsible party fully compensates for all your losses. Remember, once you agree to a settlement and finalize the deal, you cannot go back and request more money. For that reason, these amounts need to be exact.
Negotiate With the Insurance Company
Dealing with insurance companies can be difficult. There are many nuances to insurance claims, and unfortunately, these negotiations are complicated for the average person to manage. This is where a skilled attorney is an invaluable resource for your case.
Experienced lawyers can help you negotiate with insurance adjusters. They will work tirelessly to protect you and ensure you receive a fair settlement that addresses all of your losses and damages. Keep in mind that insurance companies often want to settle for less.
In these claims, they are fighting for the best interests of the insurance company, not you.
Additionally, these claims often involved working with several insurance companies, depending on who was liable for the accident. An experienced attorney will negotiate with all these parties to ensure you receive a fair resolution.
Represent You in Court
If you find yourself in a legal dispute that cannot be resolved through negotiation, your lawyer will be able to represent you in court. When you need to present your case to a judge or jury, these legal professionals will argue on your behalf. You need an individual who understands the court system and can effectively present your case.
The trucking company, driver, and other parties will have skilled attorneys trying to dispel your claim. For that reason, you need a strong legal advocate to fight for your case. Having an experienced lawyer by your side can make all the difference.
Guide You Through the Process
Legal matters related to personal injury can be overwhelming. However, a compassionate lawyer by your side can make all the difference. A good lawyer will not only help you navigate the legal system but also provide you with support and guidance.
Your lawyer will also work with you to develop a personalized plan considering your unique circumstances and needs. With their help, you can focus on your recovery journey instead of worrying about collecting evidence, negotiating with insurance companies, and reaching out to the other parties.
Remember that hiring an experienced truck accident lawyer is vital for your case. They’ll protect your rights, handle the legal nuances, negotiate with insurers, and help you get fair compensation.
While you could handle the case by yourself, take this time to focus on your recovery and allow an attorney to deal with these complicated cases.