What Does a Truck Accident Lawyer Do?

A truck accident can shatter a victim’s world. The aftermath of an accident with a large vehicle is difficult to handle. We often hear about the legal assistance provided by a skilled attorney in navigating the legal implications. However, the foremost question that arises is, ‘What does a truck accident lawyer do?

Truck accidents are common in Riverhead, New York, especially on busy roads such as Route 25; the heavy traffic of trucks often leads to accidents. Truck accidents involve various causes, serious injuries, multiple liable parties, and apply state and federal law regulations. Insurance providers and truck companies deploy aggressive tactics to minimize the payouts. Thus, it becomes essential to be legally guided by a specialized truck accident lawyer.

Let’s explore the responsibilities of a truck accident attorney in securing the deserved compensation and justice for the victims of truck accidents.

What Does a Truck Accident Lawyer Do? – Role of an attorney after a truck accident

1. Accident Investigation
   

• Accident scene analysis

The attorney will carry out a detailed investigation of the accident. This includes revisiting the crash scene and analyzing the spot for any physical evidence. In most cases, the truck accident attorney will take the help of reconstruction experts, analyze the collision and determine the possible causes for the accident.

• Gathering evidence

Truck accidents are complex, and hence they need crucial evidence for dealing with the legal process after truck accident. Especially if the victim is suffering from serious injuries or the collision involves multiple liability, it’s much more important to gather evidence. Truck accident attorneys will gather vital evidence such as:

• Police reports
• Medical records
• Injury documentation
• Witness statements
• Electronic logging device (ELD) data
• Black box data
• Traffic camera footage
• Maintenance reports, cargo and driver logs
• Surveillance or dashcam footage
• Skid marks, vehicle damage, debris and/or any clues that reveal the cause of the accident
• Cellular phone records
• Safety inspection records
• The driver’s safety records
• Photographs and videos of the accident scene
• Preserving evidence

It is as essential to preserve evidence as it is to gather it. Since evidence can quickly disappear after a truck collision, the attorney will act promptly. The attorney will collect and preserve all important and available evidence, preserve the records and document them.

Evidence preservation is extremely important while filing a truck accident claim.  As the outcomes of an accident claim can be influenced by the evidence, attorneys will focus on proper documentation of it and ensure it is safeguarded for further legal proceedings. There are certain challenges encountered in preserving evidence, including:

• Lack of cooperation from the involved parties
• Complexities in extracting electronic data
• Surveillance footage can be overwritten in a few days
• Weather conditions such as snow, rain or wind can erase physical evidence
• The response team of truck companies can interfere
• Data from maintenance records, driver logs, and black boxes can be hidden, modified or destroyed
• Jurisdictional Challenges

Unless the evidence is properly preserved and submitted, credibility becomes a big question in the court.  So, ‘What does a truck accident lawyer do?’. We would like to clarify that the attorneys will have well-documented, gathered evidence, ensure a robust base and provide victims with the right legal help after truck crash.

• Timely preservation of evidence

When it comes to preserving crucial evidence, time matters a lot. Any delay can lead to the degradation of the essential information. Truck accident attorneys in Riverhead, USA will take prompt actions related to securing time-sensitive information and ensure taking actions after a truck accident.

1. Determining liability

Establishing the liability for the truck accident requires demonstrating the negligence of the involved parties. What does a truck accident lawyer do here to prove the liability? We will explore.

• Identify the liable parties

Identifying the liability party for the accident is highly essential for a successful litigation for truck accidents. Who held responsibility for these truck accidents?

The potentially liable parties for truck accidents include:

The truck driver:

 In most cases, truck drivers remain under immediate scrutiny for the accidents. Some common causes of truck accidents that involve the fault of the  driver include:

• Over speed
• Reckless driving
• Improper lane changes
• Tailgating
• Distracted driving
• Driving under the influence such as drugs, alcohol
• Driver fatigue

The Trucking Company:

The Trucking Company that hires the driver is also held accountable for the accident. The possible reasons can include:

• Negligence in hiring
• Lack of proper training
• Pressuring the drivers to work beyond allotted hours
• Hiring unqualified drivers
• Failing to test the drivers for drugs, alcohol and disqualifying medical conditions

Often, the truck companies will decline their liability by stating that the driver is an independent contractor, not their employee. In such circumstances, the personal injury lawyer for truck accidents will investigate the situation thoroughly and find and prove the liability.

Manufacturers and Maintenance Providers:

Faults in the maintenance of trucks can also be the underlying cause of the truck accident. Companies that manufacture the trucks are responsible for ensuring that the vehicle conditions are safe to operate on the road and meet industrial standards. The maintenance providers and manufacturers are liable for:

• Negligent repairs that can lead to mechanical failures
• Inadequate inspection techniques that recognize the potential issues
• Manufacturing defects during the production/assembly stages
• Improper or poor warning or alert systems related to the truck or its parts
• Flaws in the design of the truck or its components

Loading or shipping company

Trucks, including 18-wheelers or semi-trucks, should be appropriately checked for balanced and secured cargo loading. In most cases, collisions have happened due to excessive cargo loading or weight that is not evenly distributed. These faults can also contribute to the cause of the accident.

The responsibilities of the truck attorney at this phase:

• Review maintenance records
• Look at inspection reports
• Analyze documentation about the proper maintenance of the truck, including regular services
• Inspect the truck and trailer to identify any potential defects

If the records reveal that the maintenance or services are not properly done, then the attorney will gather evidence and build a robust case against the liable parties.

• Prove the negligence

Establishing the negligence of the responsible parties in a truck accident in Riverhead, New York, requires a comprehensive and strategic approach. This is the crucial role played by a truck attorney. The key to winning a fair settlement and justice is strong and sufficient evidence.

• The attorney will identify and collect all evidence required, preserve it effectively and prove the liable parties.
• He/she will have their own investigation, consult with accident reconstruction experts and mechanical experts to have a detailed look into the cause of the accident.
• The attorney will make sure that all liable parties share the responsibility and are accountable for the losses.

2. Evaluate the losses

   Evaluating the injuries, losses, and damages is are important element of a personal injury claim. Serious injuries will need extensive and costly medical treatments, long-term medication and rehabilitation processes.

• Establishes damages

The truck accident lawyer will cautiously assess and calculate the existing and future damages. As the size and weight of commercial vehicles and trucks are huge, serious injuries and higher property damage are the consequences. It’s clear that unless you evaluate and prove the damages, you can’t get the right compensation.

Key role of an attorney here:

• Will focus on all associated costs related to the truck accident
• Emphasize medical expenses if the victim has severe injuries
• Track the costs applicable to vehicle repair or damage

Calculate both tangible financial losses as well as intangible emotional damage

• Economic and non-economic damages

The attorney will reveal to the victims the recoverable damages in the truck accident cases and assess the full extent of losses to secure a favourable settlement. Typical damages that can be recovered include:

Economic damages:

• Medical bills
• Expenses related to physical therapy
• Medication expenses
• Rehabilitation therapy
• Costs related to psychological counselling
• Lost wages
• Loss of earning potential
• Property damage

Non-economic damages:

• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life
• Emotional distress
• Diminished quality of life

Punitive damages:

If the negligence or purposeful act that impacts public safety of a trucking driver, company or any other party has been noted and made liable, this exemplary punishment is also noted and recovered by the attorney.

What does a truck accident lawyer do?

• Will document all the expenses and losses associated with the truck accident
• Determine the hidden potential damages
• Connect the accident injuries with the help of expert opinions and records
• Sum up the existing and future expenses and get an overall estimate of the losses
• Find out how much the accident totally cost the victim
• The final value obtained will be the case valuation

3. Negotiate with insurance companies

Each party involved in the truck collision will have its own insurance company. Handling all these insurance providers and determining the liable parties is the crucial role played by a truck accident attorney. He will negotiate with the insurance companies on behalf of the victim and ensure the right outcomes for the losses.

• Making negotiations

One of the viable choices for the victim injured in the truck crash is to negotiate with the insurance company and settle for a feasible compensation. This critical duty is handled by the New York truck accident attorney. He will effectively prepare for the discussion with the insurance adjuster. Most accident lawyers are armed with compelling negotiation tactics. This enables them to deliver successful truck accident legal services to their clients.

As the attorney has already collected and preserved evidence, he will move confidently in negotiations. Truck companies typically will have high-limit insurance policies and strong legal teams. They make every effort to minimize payouts. The attorney specializes in providing truck crash legal representation for clients and handles the complexities of the insurance company tactics.

Negotiating truck accident settlements is one of the vital roles of an attorney dealing with truck accident cases.

• Communication

The attorney will send a formal notification to the insurance company to represent the clients. This makes sure that the insurance company doesn’t directly contact the victim. The attorney ensures a seamless flow of one-point communication for any discussions regarding the settlement. Attorneys will communicate and submit the evidence strategically. They will generally initiate a demand letter that showcases the compensation and use every word that strengthens the case. Attorneys will also make sure that the clients are given clear communication at every step throughout the negotiation.

• Maximizing Compensation

Attorneys will strive to do everything that maximizes the settlement for the victims. It is ensured that the clients do not settle for less. They will document all the losses and expenses and identify all liable parties to secure full compensation.

• Handling Bad Faith Claims

Some insurance companies will have bad faith claims by unreasonably denying or underpaying a claim. As the truck accident cases will result in catastrophic injuries, clients will get hurt immensely if they have bad faith claims.

What does a truck accident lawyer do when faced with a bad-faith claim?

• Will watch for any warning signs from the insurance companies, like unreasonable claim denials, demanding unnecessary documents and offering a very low
• Request insurance adjusters to provide a written explanation for delayed or unfavourable claims.
• File a separate bad faith claim if it is necessary
• Finalizing Settlements

After negotiation, both parties will conclude a settlement. The truck accident attorney will calculate all the expenses related to the accident and ensure the settlement covers the comprehensive losses.

The attorney drafts and reviews the settlement release document. He will look for the inclusion of all liable parties, waivers of any upcoming claims and accurate details of mutually agreed-upon settlement amount and timeline. Once it is clarified with the client, the attorney will finalize the settlement.

4. Litigation and Court Representation

If a fair settlement is not reached through negotiation, then the attorney will move forward by taking the case to court. As mentioned earlier, navigating truck accident cases is complicated. As these collisions involve both state and federal laws, multiple parties share the liabilities, and aggressive tactics are used by insurance companies, it’s necessary to seek legal help after a truck crash.

Only a commercial vehicle accident lawyer will have the required understanding of trucking laws, court procedures and company policies –all needed for a strong case.

• Filing Lawsuits

If the damages resulting from the truck collisions are too high to settle or if it is not possible to negotiate a fair settlement, the truck accident lawyer will file a lawsuit. It is one of the essential actions taken by the attorney to receive a full and deserved settlement.

The typical statute of limitations for truck accident cases in Riverhead, New York, is three years. This indicates that the victim has three years from the date of the accident to file a lawsuit to secure compensation.

What does a truck accident lawyer do during this phase? Let’s look at the steps:

• The attorney will initiate the process by drafting a legal complaint. This includes liable parties, causes for the accident and the value of damage.
• He will file the lawsuit within the Riverhead statute of limitations
• He will draft and include all essential legal documents
• Gather statements from experts, witnesses and opposite parties
• Will present evidence that proves the negligence of the liable party
• Cross-check the statements of the parties
• Showcase the full extent of injuries and losses due to the accident
• Preparing and filing legal documents is a central step for initiating a lawsuit. The attorney will carefully review each document, draft the complaint and ensure the governing court timelines and procedures are followed.
• Filing the lawsuits within deadlines is highly important. Failing to file within the timeline will result in serious consequences.
• Discovery Phase

The discovery phase commences after filing the lawsuit. This is a long-term process. As per the Civil Procedure Rules, the defendant is given 30 days to respond to the complaint. The opposing parties can accept or refuse the claim. In this phase, the lawyer will:

• Send written questions, often referred to as interrogatories
• Demand the necessary documents from the defense party
• Complete statements
• Take a consultation with expert witnesses
• Review the evidence submitted by the defense party

The discovery phase is important, and by obtaining evidence from the defense party, the attorney will build a strong case. This will represent the negligence of the liable party.

If the attorney can create a robust case and prove the negligence, the case is more likely to end with a settlement. The case will go to the next stage, trial, if it can’t be settled.

• Go to trial

The trial will begin with open statements. The truck accident attorney will give a brief overview of the case of the client and demonstrate the evidence that proves liability and damage.

• He will adopt a structured approach that proves the liability by submitting evidence and eyewitness testimony.
• He will cross-examine the witnesses of the defense party. This helps in exposing the biases, contradictions and weaknesses in the witnesses’ statements.
• The attorney will deliver his closing argument, summarize the evidence and insist that the Jury give a verdict in favour of his client.

Once the closing arguments are heard, the Jury will deliberate and issue the verdict. If the case wins, the victim will be awarded for the losses due to the truck accident.

How long will the trial take?

The trial for the truck accident case will vary based on the complexity and particulars of the case. Certain trials will end soon, while some trials can extend for weeks or months.

• Post-trial representation

The attorney’s role doesn’t stop even when the verdict is given. His responsibilities continue, including:

• Makes sure that the settlement fulfils the losses of the victim
• If the defense challenges the victim, the attorney will handle the appeal
• He will guide the victim for post-trial options such as lien resolutions, tax implications and more

Collecting the compensation

Once the Jury has awarded the settlement, the attorney will collect the settlement. He will deduct his fees, and the rest will be paid to the victim. However, the victim never has to worry about the fees being given to the attorneys. Most truck accident law firms operate on a contingency basis. This means the attorney will get his fees only after a successful settlement.

Consult a truck accident lawyer for successful outcomes

If you or your loved ones were injured in a truck collision, it is highly recommended to consult a truck accident lawyer rather than handling the aftermath on your own. We understand that the victims always have a question ‘What does a truck accident lawyer do’ with truck accident claims? The attorneys will handle all the legal aspects of the truck accident claim, negotiate with the insurance companies and represent you in court, if it is needed.

The time is limited to file a lawsuit for your injury nd losses in the truck accident in Riverhead. So, you should act promptly. This is where the crucial responsibilities of a truck accident attorney lie. Seeking legal consultation after a truck crash can make all the difference in getting a rightful claim. So, don’t hesitate; contact a truck accident lawyer today!