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Truck collisions account for a significant percentage of motor vehicle accidents in the United States motorways.
Statistics by the National Highway Traffic Safety Administration (NHTSA) indicate that some 18,720 people died in motor vehicle traffic crashes during the first half of 2024. While these figures represent a 3.2% decline compared to a similar period the previous year, they still underscore the imperative of extreme caution for motorists.
If you’ve been a victim of a truck accident, understanding your legal rights can help bring the liable parties to justice. Seeking legal assistance following a truck collision is also critical in accelerating your recovery from physical and emotional injuries, as well as financial losses.
This post shall highlight the role of truck accident attorneys in protecting your rights.
1. Determining Liability
Establishing liability during truck accidents is often challenging due to conflicting accounts from involved parties. Few truckers will climb down their vehicles and willfully admit responsibility for the collision.
Therefore, enlisting professional assistance is the surest way to determine the at-fault party. And that’s a role truck accident attorneys play perfectly well.
Truck collision lawyers are professionally trained in determining the cause of truck accidents. Their assistance is particularly invaluable when multiple vehicles are involved.
When you contact a Las Vegas truck accident attorney, the lawyer will get to the crash scene and embark on rigorous evidence collection. Examining skid marks and tire treads of all involved trucks can help to accurately pinpoint the at-fault party.
2. Collecting Vital Evidence
Physical evidence is the cornerstone of truck accident claims. Fortunately, truck accident lawyers are skilled in evidence documentation.
Usually, the first step in evidence gathering is taking photographs and video recordings of the crash scene. Commonly photographed elements include the tire condition of all involved trucks, the scope of bodily injuries, and the extent of vehicle damage.
Next, a truck accident lawyer will document the affected trucks’ brake condition. A faulty brake system is a tell-tale sign of maintenance oversights.
Black box recordings are another essential piece of evidence to gather after a truck accident. Besides, your lawyer may secure video footage from dash cams or nearby CCTV cameras.
However, winning a hotly contested claim requires more than a truckload of evidence. Your lawyer will ensure every critical information ties back to the alleged cause.
3. Taking Witness Statements
Truck accidents that occur on busy freeways will almost always have witnesses. That’s especially true for collisions that happen during the day.
But since you’re probably injured or disoriented, you need a skilled truck accident attorney to engage the witnesses on your behalf.
Your truck accident lawyer will secure any witness statements, a critical step in solidifying your claims case. Whether it’s an uninvolved bystander or other motorists, the attorney will cautiously approach the individual and persuade them to give their account of events.
Note that witness statements are best taken before the onlookers leave the scene. It validates that their account of events is accurate and prevents the likelihood of the person changing their statements.
4. Negotiating with Insurance Companies
It’s a common practice to inform your auto insurance company after a truck accident. However, proceed cautiously while engaging your insurer.
The company may initially sound genuinely concerned about your plight. But thereafter, they might attempt to enter into preliminary negotiations with you to have you settle for a lower offer.
Resist any urge to negotiate directly with your auto insurer after a truck collision. Instead, get your lawyer involved.
A truck accident attorney is an excellent negotiator well-versed in applicable insurance laws. They can effectively challenge the underhand tactics deployed by insurance companies to minimize your payouts, ensuring you receive the maximum compensation for your claims.
5. Facilitating Medical Recovery
Many truckers aver that medical treatment after a truck collision is only necessary if there are severe injuries. Nothing can be further from the truth.
Whether you’ve come out of a truck accident visibly unscathed, visiting a nearby healthcare facility for an extensive medical diagnosis is essential. These check-ups will help to rule out the presence of internal injuries, such as traumatic brain injuries (TBIs).
Besides, your lawyer will require medical records to build a solid case for compensation. Even if you don’t incur direct treatment costs, the attorney may use billing statements from diagnostic procedures to argue for higher payouts.
Having a truck accident lawyer process the crash scene lets you focus entirely on your recovery. Most attorneys are also part of professional networks that include medical doctors and therapists, which enables them to refer you to appropriate healthcare facilities.
6. Handling the Claims Process
Handling truck accident claims can feel like walking a tightrope.
First, you must collect and document relevant evidence. Then comes the part of filing reports and maintaining correspondence with insurance companies.
Even more taxing is drafting persuasive legal arguments, particularly if the matter ends in a court of law. You need an experienced truck accident lawyer to navigate these complexities. Your attorney will complete all necessary paperwork before statutory deadlines.
Note that the statute of limitations for motor vehicle accidents in Nevada is two years from the incident date. If you decide not to press charges much later, you’ll need a truck accident lawyer to help interpret these statutes.
7. Court Representation
Not all truck accident cases are resolved through negotiations.
If you’re dealing with a grossly uncooperative party or won’t reach an amicable out-of-court settlement, the matter must be adjudicated in a court of law.
A truck accident lawyer can represent your interest in court by presenting a compelling case to maximize your compensation. Direct medical expenses, long-term healthcare costs, and lost wages will all be factored in when calculating the full extent of your damages.
Besides, the attorney will vehemently challenge arguments by the opposing counsel and adduce any witnesses, all in a bid to have the case decided in your favor.
Wrap Up
Truck accidents may be preventable through proactive measures like defensive driving. However, they’re not entirely avoidable. If you’ve been in a truck collision, contacting a lawyer is recommended.
A truck accident attorney can interpret your legal rights and help you get back on your feet. Their extensive experience in the claims process will be invaluable in documenting critical evidence, preparing the necessary paperwork, and filing a claim within the applicable statute of limitations.
Truck accident lawyers are also endowed with excellent negotiation skills, which enables them to pursue the maximum compensation for their clients. Besides, their legal expertise will be instrumental if the case winds up in court due to the other party’s uncooperativeness.
