If an 18-wheeler runs a red light and hits someone, then the consequences can be serious. It may seem as though it is obvious that the driver of the 18-wheeler is at fault because they are the one who ran the red-light. However, the driver and the trucking company will fight hard to prove that you contributed to the accident. You also have to be able to prove that the light was actually red. Dealing with lawyers from a trucking business can be a daunting task, so it is imperative that you retain the legal services of an experienced Dallas truck accident attorney.
Why Do 18 Wheelers Run Red Lights?
There are two main reasons that drivers run red lights. They may run a red light because they are being negligent. They may also run a red light because they were not paying attention to the traffic. The reason that one ran a red light does not matter. It is still an inexcusable option. Your truck accident attorney will be able to help you determine the reason and what evidence is needed to back this up to their insurance company or in a court of law.
Is It Necessary to File a Lawsuit?
You do not automatically get compensated just because you were involved in an accident with an 18-wheeler. There are two things that you will have to keep in mind in order to ensure that you get compensated. You will have to know what has to be proven and the type of defenses that the insurance company will use. An experienced truck accident attorney can help you decide if it is necessary to file a lawsuit and the attorney will be able to guide you through this process.
What You Will Need to Prove
You will have to prove that the other driver caused the accident by running the red-light. It may seem like it is easy to prove that. However, it is not. There typically is not any physical evidence to prove that the driver ran the red light. Many stoplights have cameras. However, there are still a lot of red lights that do not have cameras.
Accident cases typically depend on witness statements. However, accidents that occur as the result of someone running a red light rarely have any witnesses. That is why these cases typically rely on the testimony of both of the parties involved.
If there is a passenger in your vehicle, they will be the best witness. Your truck accident attorney will be able to provide all the necessary guidance in obtaining the statements from the available witnesses.
Defenses That the Trucking Company May Use
It is hard for anyone to admit when they have done something wrong. Trucking companies are no exception. They will try to defend the truck driver by pointing to the lack of evidence. They may also avoid taking responsibility for the employee they hired. For example, they may argue that the person is a bad driver and does not represent the company well. The goal of the trucking company is to minimize the amount that they will have to pay out. The goal of your truck accident attorney is to maximize the amount you will receive. Trying to handle these types of cases on your own will most likely guarantee that your settlement will not be maximized due to your lack of legal knowledge.
Why You Will Need to Hire an Attorney
You do not want to try to handle a case like this on your own. A truck accident attorney will investigate all of the available evidence. They will also do the following for you:
- Hire a private investigator to interview witnesses.
- Issue subpoenas to any businesses that are close to where the accident occurred. They may have footage of the accident on their video camera.
- Ask the truck driver to turn over the dash cam footage.
- Contact reconstruction experts to examine the roadway.
- Know where to obtain the traffic light camera footage
- Have many years of experience in handling these types of cases.
All of these things have to be done within a timely manner. Many people rely on a police report. However, that is not enough. The main job of the police officers is not to establish fault. They just want to see if any citations or tickets need to be issued. This is why handling these types of complex cases can be difficult. There may not be any witnesses and it will be your word against someone trying to protect their job. Battling a trucking company’s insurance company can be extremely difficult for someone with no experience doing so. However, an experienced truck accident attorney will have many years of experience managing these types of details, which makes it imperative to retain their services if you are hit by an 18 wheeler that runs a red light.
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