Whether you are the victim or a member of the trucking company, the services of a truck accident lawyer can help you get the settlement you need. The services of a lawyer will also help you ensure you get the evidence you need to bring a claim.
Liability in a trucking accident
Getting to know the basics of liability in a trucking accident is important. It’s not simple to determine who is liable for the accident. There are many factors to consider.
For instance, the most efficient way to test a trucking company’s liability is by proving that the company was negligent. If the company was negligent in hiring or training its drivers, did not provide a comprehensive insurance policy or did not perform maintenance or inspections on its trucks, it may be liable for damages.
In addition to the trucking company, the truck manufacturer may also be held liable for the accident. In some cases, defective parts on the truck may be the culprit. If the brakes on the truck fail, then the truck may be difficult to maneuver. The brake manufacturer may argue that the leasing company did not provide proper maintenance.
In some cases, the company’s insurance company may offer a settlement. This may be tempting for the grieving family, but it may be lower than the fair value of damages. A judge may force the company to pay punitive damages if it is found liable.
Proving that the company’s truck was defective may be difficult to do. This is because it may be difficult to determine the source of the problem. A qualified personal injury lawyer can perform an electronic event data recorder analysis to determine when the problem occurred. They can also investigate the crash scene to identify the source of the problem.
Trucking accidents can be a very stressful event. They can also impact an individual’s finances. If you or someone you know has been in an accident, you should know how to obtain compensation.
Choosing the right compensation plan is important in getting back on your feet after an accident. A qualified personal injury lawyer can provide the facts you need to prove liability. In addition to the obvious, they may also be able to offer you a settlement that will compensate you for medical bills, lost wages, and emotional trauma.
Preserving evidence in a trucking accident
In the aftermath of a trucking accident, you must ensure that you preserve evidence. Failure to do so can cause you to face various legal consequences.
The foundation of any personal injury case is based on evidence. This includes documentation and photos of the accident scene. If the evidence is not preserved, you may not be able to collect money for your injury claim.
Your attorney can help you secure the evidence needed for your case. They can take photos of the accident scene and gather information about what happened before the crash. These documents can help you piece together the causes of the crash. The documents will also reveal the truck driver’s actions and any maintenance issues that may have contributed to the crash.
The documents you will need to preserve include maintenance records, driver qualification files, training materials, and billing records. You also need to request the preservation of all communication devices. These include cell phones and electronic devices owned by the truck driver. These devices can provide valuable information about the driver’s activities, communication, and the physical location of the truck.
The FMCSA requires that trucking companies preserve evidence for a set amount of time. This time period can be anywhere from six months to one year. However, some companies have document retention policies that are more concerned with liability exposure. This means that you must act quickly to preserve all of the evidence you need for your case.
The first 30 to 60 days after a trucking accident is critical for gathering evidence. This is when witnesses may not remember the details of the crash. This is why it is important to take pictures and videotape the scene. These documents will help your attorney determine what happened before the crash.
The best way to preserve evidence after a trucking accident is to hire an experienced truck accident injury attorney. The attorneys at Davis Saperstein & Salomon, P.C. can be reached at 1-800-LAW-2000. They can also provide free initial consultations.
The aftermath of a trucking accident can be a difficult and stressful time. The aftermath can be even more difficult to cope with if you are an injured victim. It is important that you contact a lawyer as soon as possible after the crash.
Negotiating with insurance companies
Having experienced truck accident attorneys on your side can make all the difference in the world when it comes to negotiating with insurance companies. These professionals know how to build a strong personal injury case that will give you the best chance of getting a fair settlement. Moreover, they will know how to handle insurance company tactics.
Dealing with insurance companies can be a frustrating and difficult process. They are for-profit companies that want to minimize your losses. They will try to avoid paying by employing various tactics, including delay, denial, and manipulation.
They also want to minimize your expenses. They will examine your medical records, receipts, and police report. They may even run your information through a computer program to calculate your offer.
They may also ask you questions that you did not expect. These may include the cost of your medical care, your current insurance deductible, and legal fees. This information will help them decide how much to offer you.
They will also evaluate your losses, including medical expenses, property damage, and other non-economic losses. They may even try to prove that you were more at fault for the accident than you are.
It is not difficult to see why insurance companies want to pay you as little as possible. They do not want to go through the cost of litigation.
The insurance company often makes a “take it or leave it” counteroffer. The counteroffer may be based on an ostensible argument about liability, but the insurance company is actually looking to lower your claim.
They will almost always make a “shout out” to the smallest possible number. This small amount is usually the lowest settlement offer. It is often based on your actual financial losses from the accident.
The insurance company’s offer may be the best, but you should still consider your options. You can reject the offer, ask for a reconsideration, or negotiate a better settlement. Getting a fair settlement can take weeks or months. This is especially true if you have preexisting conditions.
Regardless of your situation, keeping a level head and patient is important. You want to receive a fair settlement as soon as possible.
Wrongful death lawsuits
Whether you have lost a family member in a truck accident or suffered an injury resulting from a defective product, you may have a right to compensation. These lawsuits can help you compensate for losses and keep you financially stable.
Wrongful death lawsuits are civil actions that seek damages for the financial and emotional burdens incurred by an individual’s death. This can include funeral expenses, medical bills, and other costs related to the deceased’s passing.
In a wrongful death lawsuit, the plaintiff must demonstrate that the defendant’s negligence caused the death. In most cases, a wrongful death claim will begin with a demand against a liability insurance policy.
If you have lost a family member or friend in a truck accident, you may want to consider filing a wrongful death lawsuit. Wrongful death suits provide closure and can help you get your life back on track. An experienced attorney can help you make up for losses and help you cover funeral costs.
Before filing a wrongful death lawsuit, it is a good idea to seek advice from a Wilmington attorney. He or she can help you get the documentation necessary to prove your claim. You may also want to interview witnesses, such as police officers, to get their accounts of the accident. You may also want to have transcripts of your depositions recorded to be used in court.
A wrongful death lawsuit can be filed by the deceased’s next of kin or by surviving family members. In Illinois, siblings, parents, and spouses can also file a claim. Typically, a wrongful death lawsuit requires evidence of negligence and the defendant’s breach of duty of care.
It is also important to understand the statutory period for filing a wrongful death lawsuit. You have two years from your family member’s death to file a claim or three years if the claim is based on medical negligence. The claim may be barred if you do not file within the period.
An experienced wrongful death attorney can help you compensate for losses and ensure that your family is whole. He or she can also help you cover funeral costs and lost income.