Automotive

How to Ensure You Win a Truck Accident Case

Accidents involving a truck are a normal scenario, especially on the highways. In 2020, an estimated 107,000 large trucks were involved in crashes resulting in injuries in the US. If you are involved in a truck accident, you must know what steps to take to win your case. This article will discuss steps you should take after being involved in an accident with a commercial vehicle, such as a semi-truck.

Seek Immediate Medical Treatment

It is vital to seek immediate medical treatment after a truck accident. Don’t wait until the next day, or until you feel better, or until you have time, or until the pain goes away. Do not wait because you are unsure if it’s serious. The sooner you get medical attention, the more likely your case will be successful, and the more evidence can be gathered for your lawsuit.

Hence, seeking immediate medical treatment is vital for your health and winning the case. This is because medical records can act as a piece of evidence that you had injuries due to the truck accident. If the accident was due to the other party’s fault, you could even claim compensation based on your medical expenses.

Medical expenses and other costs can lead to economic losses to individuals and the nation. According to data from the World Health Organization, countries lose 3% of their GDP due to road traffic crashes.

Hire a Local Attorney

Your attorney should be local to the area. Hiring an out-of-state attorney may not be as effective in your case because they will not know your state’s specific laws and regulations. Each US state has some state-specific regulations about truck accidents.

For example, if someone without insurance causes an accident, they are liable to pay the uninsured motorist (UM) coverage of up to $25,000 for body injury per injured person. Suppose you had an accident in St Louis, Missouri, and your attorney is unaware, you might miss the $25,000 compensation for bodily injury.

Hence, if the accident occurred in St Louis, Missouri, it is prudent to hire a lawyer from Missouri who knows the applicable state laws. A St. Louis truck accident lawyer would be better equipped to help you get the justice you deserve.

Your attorney also needs to have experience with truck accident cases for them to give you advice on how to proceed with your case or even if it is worth pursuing at all. The last thing you need is an inexperienced lawyer who doesn’t know what they are doing running around trying to figure out how this type of case works.

Collect Evidence and Information at the Scene of the Accident

The first thing you should do after a truck accident is collect as much evidence and information as possible at the scene. This will help your attorney file a strong case against the trucking company or driver’s insurance company. It can also help prove that you were not at fault for causing an accident and show that you have been injured due to another party’s negligence.

Collect all available evidence from physical things like:

  • Photos of all vehicles involved (including license plates)
  • Injuries suffered by all parties involved (take pictures if possible)
  • Witnesses’ names and contact information

Take Pictures and Videos

Take pictures of the scene, both before and after. This can include photos of the road, traffic signs, trees, and other objects that may have been impacted by the accident.

Take pictures of any injuries you have sustained due to the truck accident. If there are witnesses who saw what happened in person and those who saw it occur on video or in still images, be sure to get their contact information so they can confirm what they saw with others who were not present at the time of your truck accident.

Take photos and videos of your vehicle and any vehicles involved in this incident. You will want these photographs for evidence purposes later on down the road when it comes time for trial preparation or mediation negotiations between yourself and another party involved in this collision event.

Proof that the Truck Driver Violated any Safety Regulations or Rules

If the truck driver violated any safety regulations or rules, it would help your case. This can include:

  • The truck driver was speeding
  • The truck driver was distracted, for example, by talking on a cell phone. Most crashes result from distracted driving, as per a recent study.
  • The truck driver was tired and fell asleep at the wheel. The NHTSA reported 633 deaths from drowsy-driving-related crashes in 2020.
  • The truck driver wasn’t wearing a seatbelt and hit you from behind in your car.
  • A drug or alcohol test showed that the trucker had been driving under drugs or alcohol. 30% of crash fatalities in the US in 2020 resulted from drunk driving.

An Expert Witness

Another important piece of the puzzle is an expert witness. An expert witness is a person who has special knowledge or experience in a particular subject and can help you prove your case.

For example, if you were in a car accident and suffered injuries, it may be helpful to have an orthopedic surgeon testify on your behalf. The orthopedic surgeon would be considered an expert because he has years of training and experience dealing with human anatomy and injuries associated with car accidents.

In other cases, an engineer might be needed to assess whether or not a truck driver was at fault for causing the accident by speeding through a stop sign or red light.

The Police Report Can Help You Get Compensation

The police report is the first piece of evidence in a truck accident case. It’s also a legal document, so both parties must adequately handle it. You won’t be able to use it unless the truck driver agrees to give up his or her copy.

The police report contains details on what happened at the scene of the accident and can help you prove that your injuries were caused by negligence on behalf of another party. This includes verifying that another party violated safety regulations or failed to follow proper vehicle operating procedures.

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Final Thoughts

The number of large trucks registered in 2020 made up 5% of all registered vehicles. This may seem like a small number, but large truck crashes are pretty common.

A truck accident can be a complicated and overwhelming experience to go through. However, by taking the appropriate steps to ensure your case is in good hands and that you are getting the best treatment possible, you can feel confident about your chances of winning.

If you have been injured in an accident involving a large commercial vehicle, like a semi-trailer or tractor-trailer, contact your local attorney for help with filing your lawsuit.

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