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Factors To Consider In Truck Accident Cases

Factors To Consider In Truck Accident Cases

If you are the victim in a truck accident case or if you have been accused in civil court of causing a truck accident, you should know how they are often litigated, the details judges expect to hear, and the information you should be prepared to provide. Your truck accident lawyer will go over this with you, but it helps to be aware before you get into it. An aware prosecutor or defendant is almost always a safer one.

How To Determine Liability

In a trucking accident, it can be difficult to determine liability, especially because the driver in the smaller car is almost always the most damaged driver. Additionally, the truck driver's liabilities may be shared with his company, the truck manufacturer or others. For instance, the driver might have been asked to drive when he was unfit or had lack of sleep, or the truck may have had known malfunctions but the company took it out on the road anyway. Consult with a knowledgeable attorney to understand your case.

Common Compensation For Truck Accidents

You will have to consider how much compensation needs to be paid. This includes compensation for:

  • Lost wages
  • Medical costs
  • Death costs, if applicable
  • Car repair costs
  • Pain and suffering

Common Evidence To Prove Fault

Generally speaking, a truck accident claim will be about trying to prove that the trucker, trucking company or truck manufacturer was at fault. The truck accident lawyer will use:

  • Witness statements
  • Phone records of the driver and his company
  • Truck logs
  • The driver's safety and training records
  • Other information in the driver's personnel file

Common Evidence To Defend Against Fault

The trucking company being sued will often attempt to find evidence to defend against fault. Common pieces of evidence include whether other drivers were:

  • Speeding
  • Intoxicated
  • Crossing center lanes
  • Passing unsafely
  • Tailgating
  • Driving in the truck's blind spot

Common Tricks To Watch For

The trucking company's investigators and lawyers may contact you if you get into an accident. Do not sign any releases and do not agree to speak without an experienced truck accident attorney present.

The Cost Of A Truck Accident Lawsuit

The legal fees to you will be a grand total of $0. This is because most truck accident lawyers work on contingency. This means that you do not have to pay unless you win the lawsuit. The settlement amount generally includes money for legal fees, so your lawyer is covered if he wins. He will generally not take your case if he thinks he's going to lose. In any case, unless you're working with a poor lawyer, he will not charge you if he loses.