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After a devastating truck collision, you may wonder what a truck accident attorney does. Truck accident lawyers can help you identify negligent parties, relevant evidence, possible witnesses, and the types of compensation available. They can also bring an injury claim against the appropriate parties and represent you in court if the situation requires it.
If a truck accident injured you or killed a loved one, you are probably in pain and wondering what to do next. Our team of truck accident attorneys at Arash Law, led by Arash Khorsandi, Esq., can assist you with the legal process of your claim. As your legal counsel, we can help you understand your rights and options, enabling you to make informed decisions about your case.
A truck accident lawyer is a type of personal injury attorney who handles truck accident cases. They represent those who were injured by others’ negligence. If you are considering engaging their services, it’s essential to understand what they do.
Truck accident attorneys work in tort law. In legal parlance, a tort is a private or civil wrong or injury that can be fixed through the payment of damages. Injured victims of truck accidents can seek compensation for their injuries and losses from the party at fault. Tort law aims to provide monetary compensation to the harmed party. Therefore, truck accident attorneys advocate for injured clients to help them pursue financial compensation for their losses.
A Truck Accident Case Is More Serious Than A Car Accident
Truck drivers and victims face the same risks that usually cause truck crashes. However, these incidents are far more likely to have disastrous results due to the size difference between a regular car and a semi, a tractor-trailer, or other types of truck.
Factors frequently resulting in personal injury on roads include:
- Environmental risks, such as bad weather or wildlife on the roads.
- Potholes, dangerous road surfacing, or any other results of poor road maintenance.
- Reckless driving.
Lawyers for truck accidents assist clients in recovering the following damages:
- Medical costs (both present and future)
- Lost income
- Loss of earning potential
- Damage to the vehicle
- Pain and emotional anguish
- Bodily discomfort and suffering
- Wrongful death
Dog bites, animal assaults, premises liability (slip and fall) accidents, medical malpractice, and wrongful death are additional claims personal injury attorneys can handle. Truck accident attorneys, in particular, can handle cases that involve tractor-trailer accidents and semi-truck collisions.
What Exactly Does A Truck Accident Lawyer Do?
Truck accident lawyers handle cases involving trucks from start to finish, sometimes ending in trial. The legal legwork a truck accident attorney does for their clients can be demanding.
While any injury accident can be complicated, truck accidents can be complex. There may be several parties at fault, which means there may be several insurance companies to submit claims to.
Truck accident lawyers will handle the legal aspects of truck-related cases, including trials if necessary. The following are the particular steps they take when working on a case:
Investigate Truck Accident Cases
When prospective clients present their cases, truck accident attorneys will review the details and assess the case’s strength and validity.
Since most lawyers handle cases on a contingency basis, they want to know if the case has a good chance of winning before accepting it. “Contingency fee” means the attorney’s fee will be deducted from the client’s settlement or award. Under this agreement, clients won’t owe attorney’s fees unless their lawyer obtains compensation on their behalf. The amount they have to pay depends on how much money they recover.
Regardless of the result, you may still have case costs to pay. Our team will discuss the fee structure in detail so you kow what to expect.
Gather Evidence For A Claim
An attorney will start their investigation when they decide to take on a client’s case. This might comprise:
- Visiting the truck accident scene.
- Viewing photographs and videos taken at the accident scene.
- Contacting the witnesses and getting their statements.
- Assessing automobile damage.
- Reviewing the client’s expenditure and medical records.
- Constructing a case based on the total losses suffered by the client and other accident-related information.
Build A Compelling Case
While you are focused on your recovery and rehabilitation, your attorney will complete whatever claim you need to submit to the insurance company or present your case to a jury in court if the insurers do not settle. In particular, they will:
- Investigate your case and gather material, such as police reports, footage or photographs of the accident scene, data from the truck’s onboard electronic information system, eyewitness testimonies, and more.
- Gather and compile all your medical bills, expenses related to the injury, and any records that establish loss.
- Find out who might be at fault and who has insurance.
- Negotiate with the insurance companies, steering discussions toward a reasonable settlement.
- Prepare for trial if the insurance firms won’t agree to a settlement.
You or a loved one may be dealing with severe injuries requiring hospitalization, numerous surgeries, supportive medical equipment, and expensive rehabilitation.
A truck accident lawyer can communicate with the insurance company on your behalf and file all relevant documents in your case so you can rest, recover, and focus on your family’s needs.
Send Demand Letters
After an investigation, your attorney will write a demand letter to the negligent party’s insurance provider. The letter will describe the details of the request and a specific sum of compensation being sought to cover the victim’s losses.
Engage In Negotiations With Insurance Providers
You may not need to go to court at all. Simply negotiating a settlement with the insurance carrier may be more advantageous in some instances. Unfortunately, this is easier said than done. This is where your truck accident lawyer can step in.
Negotiation is often one of the most essential parts of pursuing personal injury claims. The responsible parties may attempt to contact the accident victim soon after the crash and try to settle the claim as quickly as possible. They may offer a settlement that seems enticing. However, this offer may fail to reflect the full extent of your losses, especially if you’re still healing.
Consulting a lawyer before communicating with insurance companies can help protect your interests, as insurers may raise defenses to challenge the scope of their liability.
Prepare The Complaints
Most accident victims lack experience in negotiating with insurance firms or asserting their legal rights. Truck accident attorneys can negotiate with insurance carriers on your behalf and will advocate for your rights.
They will review the insurance policy’s fine print, estimate all victim damages, and manage all interactions with the insurance companies. Their goal is to represent your interests at the negotiation table, steering conversations toward fair compensation.
Initiate The Discovery Phase
Our truck accident attorney will start building the client’s case as if it is going to trial from the start. Although many truck accident cases are still settled outside of court, an experienced injury attorney knows the need to be ready for everything.
To prepare for the discovery phase of the lawsuit, a truck accident lawyer will gather evidence, research applicable laws, and begin forming legal theories related to the accident. Additionally, they might write pleadings, create discovery requests, and interview and depose witnesses.
Provide Legal Representation In Court
Truck accident attorneys will represent their clients if the insurance company refuses to settle or the matter involving the accident is brought to court. They are already familiar with the stages of trials and know how the legal process works.
Demonstrating Negligence In Your Truck Accident Case
While you may claim your accident was not your fault, this remains an assumption either in court or with the insurance provider and must be proven as fact. In personal injury claims involving truck accidents, negligence has four elements that must be proven. A truck accident victim must demonstrate the following:
- Duty of Care — You are entitled to expect the truck driver to operate the vehicle sensibly and safely.
- Breach — The driver acted negligently and breached their duty of care.
- Causal Link Between Negligence & Injury — As a result of the driver’s negligence, you sustained an injury.
- Injuries or Losses — The victim suffered loss or damage as a result of their injuries.
Damages you can be awarded in a personal injury case can be classified as economic or non-economic. Medical costs, lost wages, and property damage are considered economic damages. Non-economic damages include discomfort, mental suffering, loss of enjoyment from past activities, and loss of companionship.
Other Skills You Should Consider In A Truck Accident Lawyer
- In-depth knowledge of how to conduct legal research.
- Excellent communication with clients, negligent parties, and insurance providers.
- Negotiation skills or the ability to bargain.
- Time management skills, such as meeting deadlines.
The work of these lawyers is complex and demanding. Still, they are dedicated to their profession and committed to helping victims pursue compensation for their injuries and losses.
Contact Arash Law’s California Truck Accident Lawyers For A Free Initial Consultation!
Now that you’ve gained some understanding of what truck accident lawyers do, you may want to talk to them and seek legal assistance with your case. At Arash Law, our truck accident attorneys and car accident lawyers offer a free initial consultation so you can discuss the facts of your case. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form.
