You are a careful and conscientious driver. When you get on the road, your main concern is for the safety of your passengers and your fellow drivers. You are especially alert around trucks. These large, lumbering vehicles must be given adequate space to move and maneuver, and you must ensure that truck drivers know your exact location when you are near them. But all of your efforts to be safe will not be enough if a truck driver is reckless, negligent, or over tired.
If you have been in an accident with a commercial truck that resulted in substantial property damage and it wasn’t your fault, you should contact a truck accident attorney immediately. It is important to remember that you will be filing suit against the trucking company, not the driver of the truck. Once you have done so, their lawyers will attempt to discredit your claim. A truck accident attorney will help you formulate a strategy to get the justice you deserve.
A truck accident cause substantial property damage. Such an accident can also lead to serious injury. If you had to be taken to the hospital or were not in a fit state to get photos of the damage, it is okay. Your lawyer will be able to get a hold of such evidence once you proceed with formal litigation.
Most truck drivers work for large trucking companies. The conditions under which many drivers work make them unsafe to be on the road. Many drivers are given incentives to break laws that stipulate the amount of sleep and rest they are supposed to get. Many drivers are compelled, for financial reasons, to do quick turnarounds and to blow through their rest periods to make early deliveries. Indeed, some companies even pressure their drivers to go days without proper sleep with the threat of termination.
Corporate greed is to blame for the injuries you’ve sustained and the damage that has been caused to your car. Attorneys who specialize in truck accidents can help you get compensation for what you have gone through. They are trained to gather facts, introduce eyewitness testimony, employ forensic evidence, and bring the relevant bits of law to bear on your case.
Here are some of the steps a truck accident lawyer can take to win your case:
Gathering Evidence
You and those with you may not have been in any shape to take photos of the substantial property damage. But such photos will have been taken by police and insurance investigators. Your lawyer will file the necessary motions to get these pictures. They will also subpoena the driving logs of the driver, which might show that he or she did not get the required rest. Emails, text messages, and policy documents can also be used to prove that the company tolerates and encourages recklessness by pushing their drivers too hard.
Eyewitness Statements
Your lawyer will also be able to gather the testimony of other drivers. They can take sworn testimony or even put people on the stand if necessary. Trucks are too big for people not to see when a driver makes a tragic error.
The Law
In the end, your truck accident lawyer will need to prove that an accident occurred, that it was the fault of the truck driver, that the driver owed you a “duty of care”, and that the truck accident has caused you pain and suffering and truck accident cause substantial property damage. Only an experienced truck accident lawyer can put such a case together.
If your lawyer is able to make a strong enough case against the truck company, they may prefer to settle out of court. In that instance, the lawyer will be able to negotiate a settlement that is commensurate with all you have suffered.
If you have been in a truck accident, you should know your options. Call our law offices today at any of our convenient locations and get a free consultation.
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Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
You can also contact us online by using our quick contact form.
