What Can a Truck Accident Lawyer Do for You?
A truck accident lawyer can do several legal tasks for you. For example, a truck accident lawyer can:
- Identify who you can name as a liable party in your case
- Gather evidence to prove facts about the accident and your injuries
- Calculate your damages to determine how much compensation to pursue
- Prepare and submit legal paperwork by their deadlines
- Speak with insurance companies and other attorneys on your behalf
- Represent you in negotiation meetings and at trial if necessary
The following goes into more detail about what some of these legal services involve and what you should expect when working with a personal injury lawyer.
A Lawyer Can Identify the Liable Party and Help You Collect Evidence
In accident cases, a personal injury lawyer’s priority could be identifying which party may be held liable for their client’s injuries and damages. There may be more than one liable party in truck accident cases, or the liable party may be separate from the at-fault truck driver.
For example, the following may be named as liable parties if their actions or inactions contributed to the accident’s cause:
- The trucking company: Employers hold vicarious liability for their employees’ behavior and conduct. If the truck driver was working at the time of the accident, their employer may be held liable for negligence.
- A maintenance company: If the truck mechanically malfunctions because of poor or lack of maintenance, you may have grounds to hold the maintenance crew or company that last worked on the vehicle accountable and demand damages.
- The truck manufacturer: If the truck malfunctions because of a faulty design or manufacturing, you may be able to file a claim or lawsuit against the at-fault truck’s manufacturer due to strict liability.
Your lawyer will review your case and may conduct a separate investigation to determine which party you can pursue legal action against.
Evidence You May Need to Prove Your Claims
When building clients’ truck accident cases, many lawyers often do their investigative work to retrieve materials so they can prove key facts surrounding the accident’s events. Examples of evidence include:
- Video footage of the accident, such as from traffic cameras or surveillance cameras
- Black box information from the truck
- Witness testimony
- Driving logs the at-fault driver filled out
- The official crash report from law enforcement
- Analysis from an accident reconstruction expert and other industry professionals
Certain evidence may be collected to prove what caused the accident. The Federal Motor Carrier Safety Administration (FMCSA) lists common driver-related causes as driver fatigue, distracted driving, substance abuse, or incompetent driving due to lack of training. Your lawyer may search for evidence related to these causes, such as breathalyzer results or cellphone records.
A Lawyer Can Calculate an Estimated Value of Your Compensatory Damages
Once your lawyer identifies key information to build your case, they may then focus on estimating the value of your financial and non-financial damages to establish the compensation you could recover. You will be able to discuss what consequences you suffered as a result of the truck accident, which your lawyer can record and list in your demand letter when notifying liable parties about your case.
Your lawyer may consider any of the following compensatory damages when calculating your case’s projected value:
- Current and future medical expenses
- Current and future income loss
- Pain and suffering and inconvenience
- Reduced earning capacity
- Permanent disability or disfigurement, including scarring or burn injuries
- Emotional anguish
- Loss of consortium
- Costs to repair or replace damaged property, such as a vehicle
If you are a surviving family member or spouse of a victim who died because of a truck accident, you may be able to file a wrongful death action. This action allows eligible surviving families to pursue compensation for damages like funeral expenses and emotional losses after losing a loved one.
A Lawyer Can Prepare the Legal Paperwork and File Your Case on Time
All plaintiffs must submit their truck accident lawsuit within their state’s statute of limitations. Your lawyer can review the official crash report to identify when your case’s filing period begins, then refer to state legislation to determine its statutory deadline.
It is crucial that you file within these legal parameters. Those who miss their case’s filing deadline may be barred from pursuing compensation through the civil court system. If this occurs, the defendant would be absolved of liability and would not have to pay your damages.
Call Distasio Law Firm Yoday to Start Working with a Truck Accident Lawyer
If you were in a truck accident in Florida and suffered injuries as a result, you can work with a truck accident lawyer from Distasio Law Firm to build your injury case. Our attorneys work hard to hold liable parties accountable for their negligence so that victims may be able to recover their damages. Our law firm has been handling truck accident cases for over 30 years.
Call us at (813) 259-0022 to get a free consultation about your case and learn more about what a truck accident lawyer from our firm can do for you.