When do you need a lawyer? After a trucking accident, it is generally a good idea to contact an attorney who handles these types of cases. You may need a lawyer, especially if the truck accident resulted in severe, disabling or life-threatening injuries and/or there is a dispute as to who was at fault. Just as the driver and motor carrier will have legal help, so should anyone who has been seriously injured in a crash.
What types of injuries would warrant seeking help from a lawyer?
Not every accident with a truck causes physical harm. Sometimes people walk away from these wrecks without a scratch or with only minor injuries. Unfortunately, many times they result in catastrophic consequences.
Whenever someone requires surgery, hospitalization, physical therapy, rehabilitation and other forms of treatment, it would be a good idea to talk with an attorney. In addition to medical bills, it could result in missed time from work for weeks, months or even indefinitely.
If the accident was especially serious, there may be emotional repercussions. Depression, anxiety and post-traumatic stress disorder are some examples. It would be important to ensure that all damages suffered are adequately addressed in a claim, which is why consulting an attorney is beneficial.
How can an attorney help establish fault in a trucking accident?
Dealing with an insurance company can be confusing and stressful. But having legal representation can ensure that nothing is said or done to damage the case. In fact, an attorney can deal directly with the insurance adjuster to help prevent deceptive tactics that try to diminish claim value or establish the claimant’s own liability for the accident.
Truck crashes allow for more evidence to be collected than a typical accident. That’s because drivers carry logbooks or have automatic onboard recording devices that collect helpful information for establishing liability, especially if fatigue is suspected as a contributing factor. There are also personnel records on the driver, which could be useful evidence.
A lawyer can assist clients in creating a list of evidence they’d like to collect and then can help them obtain it. A letter (called a spoliation letter) can be sent to the motor carrier company notifying them that all evidence must be preserved.
Finally, because the trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), there are special laws and rules that apply to them. Consult a lawyer who is knowledgeable in this area of law and can examine compliance with all regulations and whether a truck driver acted in a negligent manner to cause an accident. Cordisco & Saile LLC handles these types of cases and can provide legal help after a trucking accident.