As with any other accident, the first thing to do after a truck accident is to get off the road to a safe place as soon as possible if you can and contact the police and medical emergency services immediately. If you are able to, get the contact details and insurance information of everyone else involved. You should also try and get the contact details of any eyewitnesses. Police should also carry out these tasks as they fill out their reports, but if you have not been incapacitated because of the accident, you should try and gather as much information as you can. Take photographs of the scene as well. Then, as soon as you can after the accident, contact a truck accident lawyer to assess the details of your case.
The Federal Motor Carrier Safety Administration (FMCSA) has conducted a study on the causes of truck accidents and they list the following – from most to least common – as the matters most often reported as primary factors in truck accidents:
At face value, it might appear that all road accidents are very similar, and that the only difference between a car crash and a truck collision is the size and shape of the vehicles involved. This idea could not be further from the truth. Truck accidents differ from car accidents in a number of critical ways.
Due to the complexity of truck accidents, which we have mentioned above, it can be quite a challenge to determine who is at fault. It could be that only the driver is at fault, or the trucking company that owns the vehicle is liable. Sometimes, it could be the company that loaded the truck who is responsible. The exact cause of the accident needs to be established first, after which the fault can be laid at the correct person or entity’s feet. You need an experienced truck accident lawyer to do this.
A truck accident lawyer will be able to examine your case, gather all the evidence and pick through the complexities in order to build a case so that you can take legal action against the driver, trucking company or insurance company that is liable for the damages you deserve. They will also represent you in negotiations and litigation. In all honesty, you would struggle to do this on your own. You don’t have the time or resources to do so, nor the necessary experience in truck accident cases. A truck accident lawyer is your only way to bring your truck accident case to a satisfactory conclusion.
In order to establish negligence in any accident, the plaintiff’s legal representation needs to establish four things:
It is not always easy to establish any of these four things and thus to place the blame where it belongs. The difficulty is a result of the inherent complexity of truck accidents. The only way to do so is with the help of an experienced truck accident lawyer.
As the previous points should have made clear, pursuing a truck accident case can be challenging, time-consuming and expensive. The only way to be successful in this endeavor is to have a truck accident lawyer conduct a thorough investigation. The first step is to examine the trucks involved in their post-accident condition. The lawyers must have access to the truck’s black box and the wealth of information it contains. It is imperative that the lawyers are able to gather all the evidence they need and the necessary time and resources to follow the trail of evidence towards the proof of negligence and liability.
Shamis & Gentile is a Miami-based law firm that handles all varieties of personal injury cases, including truck accident cases. If you have been involved in a truck accident in the recent past, and you would like to pursue the compensation to which you are entitled, contact us and book a free consultation. One of our truck accident attorneys will assess your case and help you decide on the best course of action.