Whether you were involved in an accident caused by a semi truck, or were a victim of another’s negligence, you can pursue compensation for your loss. However, there are several factors to consider when pursuing a lawsuit.
Documentation is key
Obtaining evidence that is important to your case is a key element in a successful semi truck accident lawsuit. In order to win, your lawyer must be able to prove that the other party’s negligence was the cause of your injuries. In addition, you’ll have to show that the driver violated a regulation that contributed to the crash.
Some of the most helpful pieces of evidence that you can obtain are black boxes and event data recorders (EDRs). These devices are small computer chips that collect information about the truck’s operation, the collision and other details of the accident.
A skilled attorney can use multiple recording devices to prove your claim. These devices may include cell records, videos from the scene, and even onboard computer records.
In addition, obtaining X-rays and CT scans can be part of a semi truck accident settlement. You may also be able to recover for surgical procedures and drug costs.
In order to gather the most useful and relevant evidence, your attorney may need to obtain a police report or surveillance footage. It’s also a good idea to write down your statements and take photographs of the accident scene.
Aside from documents, you should also get the contact information of any eyewitnesses to the incident. It’s also a good idea for you to keep a record of the medical care you received after the incident.
An experienced truck accident attorney will be able to help you determine what kind of evidence is needed for your case. He can also work with a specialist to interpret the data you’ve gathered.
A truck’s “black box” is a great piece of evidence, but getting this information can be expensive. In some cases, the information may be unavailable.
The electronic control module, or ECM, is a small computer chip that contains snapshot data about the truck’s operations. It’s also important to document skid marks.
Other valuable data is GPS tracking information. This type of technology is becoming more prevalent in both consumer vehicles and semi trucks. This type of data can give your lawyer a near error proof view of the truck’s location.
Part or all of the fault
Depending on your situation, you may be able to file a claim for part or all of the fault in a semi truck accident. However, it is important to remember that the legal process can take months or years to resolve. If you are not sure if you have a case, you should get a free case evaluation from a lawyer.
In the event that you do have a lawsuit, you will need to determine who was at fault for the accident. You will also need to know who is liable for the damages you’ve suffered.
Having a good idea of who is liable for the accident will help you get a better idea of how much you can expect to recover. It is also wise to retain a qualified attorney to ensure that you receive the full compensation you deserve.
A truck accident settlement might include the cost of medical care and property damage. The value of the claim will be reduced by the amount of fault involved in the accident.
While a large percentage of trucking accidents happen within the scope of employment, there are other factors that contribute to liability. For instance, a cargo loader or driver who is not properly licensed can be liable. A defective part on a truck can also be the cause of an accident.
One of the most important factors that contributes to liability is improper hiring. The employer should have performed a thorough background check before hiring a new employee. Poor enforcement of company policies can also lead to liability.
Another factor that can contribute to liability is lack of maintenance. If a trucking company fails to properly service a truck or install a faulty part, they could be held liable.
If you have been injured in a truck accident, you need to pursue legal action against all of the parties involved. The sooner you do so, the better. You should also obtain a law enforcement report. This can be vital in proving negligence.
Lastly, you should seek immediate medical attention. Although you might think you’re lucky to be alive, the effects of an injury can be severe. You might experience insomnia, disfigurement, loss of enjoyment in life, or post-traumatic stress disorder (PTSD).
Calculating non-economic damages
Often times, the plaintiff in a semi truck accident lawsuit will seek damages for both economic and non-economic losses. The process of calculating damages involves a number of factors that can be difficult to understand without professional help. However, there are two common ways of determining the amount of damages that a plaintiff will be awarded.
The first way of calculating damages is to use a multiplier. A multiplier is a number between one and five that assigns a dollar value to the total economic damages that a plaintiff can receive. The multiplier number is usually determined by the severity of the injuries. For example, more serious injuries will receive a higher multiplier.
Another method of calculating damages is the per-diem formula. This technique assigns a dollar value to each day that a plaintiff is unable to work because of an injury. It is based on the average daily earnings that a plaintiff would have earned if he or she were not injured.
Using this method, a plaintiff may be able to recover money for days that he or she would have spent at work before the crash. This method is often used by attorneys to estimate a possible settlement.
Other forms of damages include medical costs and lost wages. These costs can be quite expensive. If the plaintiff is unable to work after the accident, this reduction in income will reduce the money available for immediate expenses.
Other damages that a plaintiff might be able to recover are emotional anguish, physical pain and humiliation, loss of companionship and enjoyment of life, and reputational damage. These types of damages are often difficult to quantify, but they can be important components of a settlement.
An experienced semi truck accident lawyer can work with medical professionals and experts to determine the damages that a plaintiff has suffered. They will also gather evidence of the fault of the trucking company to make the case more compelling. They can then negotiate a reasonable settlement.
Ultimately, a jury decides the amount of damages that a plaintiff should receive. A personal injury lawsuit is usually based on the theory of negligence.
Going to trial is the only way to obtain justice
Whether a truck accident claim goes to trial depends on a number of factors. Some accidents are settled before a lawsuit is filed in court, but other cases must go to trial to obtain justice. Regardless of whether or not a case is resolved before a trial, the parties involved will exchange pertinent information and present evidence to the jury. The verdict will determine whether or not the insurance company should cover damages.
To file a lawsuit, a person must have “standing” to do so. This means they must have been harmed in the accident and be directly affected by the dispute. The plaintiff must also prove that the defendant acted negligently. It is usually fairly easy to prove causation in a case of this type.
During the discovery phase of litigation, the plaintiff and defendant will exchange pertinent information and present evidence. This will help narrow issues to be presented at a trial. The defendant will then present their defense. The plaintiff will then cross-examine the defendant. The attorney for each side will then make an opening statement to the jury. The judge will then issue a ruling on the damages requested.
In addition to economic and non-economic damages, a lawsuit may include punitive damages if the defendant was reckless. The amount of a verdict will depend on the type of damages sought, and the likelihood of success. A claim with more financial damages will be awarded a lower verdict than a claim with less financial damages.
If a case goes to trial, the plaintiff must establish that the truck driver was negligent. The defendant will generally deny liability. The defendant will also have the opportunity to present evidence and cross-examine the plaintiff. The jury will decide on the amount of damages the plaintiff should receive. It is important to remember that going to trial is the only way to get justice in some situations. However, a settlement is often offered before a lawsuit is filed in court, and a plaintiff should be prepared to accept that offer. Ultimately, it is the best interest of both sides to settle.