A trucking company may prepare for its case after an accident by:
- Hiring attorneys to lead its defense
- Gathering and organizing evidence it believes to be favorable
- Preparing all witnesses who will testify on its behalf
- Preparing its truck driver to participate in the case
- Preparing a case that may attribute fault for the accident to you
- Preparing a defense for any claims of negligence
- Hiring experts to assist with its case
A trucking company may need to defend its conduct. It may also defend the conduct of its driver. If a jury finds a truck driver liable for your accident, then the trucking company may also be accountable.
What Can You Do to Prepare for a Truck Accident Case?
The first step you may take is hiring an attorney. The trucking company will prepare a thorough case in its defense. Having an attorney may help you prepare your own capable case.
Your attorney will help you with case preparations. They may gather injury information from your doctors—diagnoses, x-rays, MRIs, and other useful documents. Your attorney will also explain what to expect from your case. No matter your level of involvement, they’ll ensure that you’re informed.
As part of preparation, your attorney may have you:
- Visit your doctors for up-to-date medical assessments
- Rehash your recollection of the truck accident
- Avoid contact with insurance companies and opposing attorneys
Your truck accident lawyer will do the majority of case preparations.
How Your Attorney May Prepare for Your Case
Your attorney will take several steps on your behalf. Their duties may include:
- Conducting an independent investigation of your accident: The trucking and insurance companies may dispatch their own investigators. Your lawyer will complete an independent investigation. Their findings may differ significantly from those of the insurer or trucking company.
- Preserving evidence in the trucking company’s possession: Certain evidence may be in the trucking company’s possession. Your lawyer may file a legal order to preserve such evidence for your case.
- Protecting all evidence that is in their possession: From photographs of your injuries to video footage of your accident, your lawyer will protect any evidence in their possession.
- Consulting federal regulatory agencies: Your lawyer will consult the Federal Motor Carrier Safety Administration (FMCSA) and any other agencies involved in your case.
- Hiring experts: They may hire experts in trucking, medicine, or other relevant fields. Those experts may testify, advise, or serve other valuable roles.
- Identifying all of your losses: Your losses will dictate the value of your settlement.
- Negotiating a settlement: Before going to trial, your attorney will work to secure a settlement.
- Going to trial (if necessary): A trial may be necessary if your lawyer doesn’t secure a settlement.
Your lawyer will anticipate how the trucking company is preparing for their case. They’ll craft an argument to combat the trucking company’s case.
Who Is Responsible for a Truck Accident?
The trucking company may be liable for your accident. Their employee—a trucker—may also be responsible.
When Are Trucking Companies Liable for an Accident?
A trucking company may generally be liable for its drivers. If a driver causes an accident, the trucking company may be responsible for resulting damages. A trucking company can be negligent in its own right. Negligence by a trucking company may include:
- Allowing drivers to ignore drive time limits, as set by the FMCSA
- Providing defective vehicles
- Failing to service vehicles regularly
- Failing to test drivers for drug and alcohol use
- Failing to discipline unsafe drivers
- Promoting a culture of non-compliance
A trucking company may defend its negligent acts. Your personal injury lawyer will work to hold them accountable.
When Are Truck Drivers Liable for an Accident?
Truck drivers may be responsible for acts and failures that cause an accident. These failures can come before they’re on the job, when loading cargo, or while driving. Truck driver negligence includes:
- Drinking or using drugs before or while driving
- Improperly loading cargo
- Driving while distracted
- Driving while tired
- Making any dangerous driving acts
- Doing anything that increases the risk of an accident
We’ll identify all factors in your accident.
What Are Recoverable Losses in Truck Accident Cases?
Your recoverable losses are unique to you. Some losses we see in truck accident cases are pain and suffering, medical expenses, and lost income. Other losses may include lost earning power, counseling, and vehicle repairs. Our team will seek coverage for all of your losses.
Call D. Miller & Associates, PLLC™ About Your Truck Accident
Our client testimonials tell you what to expect. We won’t back down from the trucking company. Let us fight for you.
Call D. Miller & Associates, PLLC™ today at 1 (855) PRO-LAWYERS for a FREE consultation. Reach out as soon as you can. We may have a short window in which to file your case.