Truck accidents, given the sheer size and weight of commercial vehicles, often result in severe consequences for those involved. When pursuing a lawsuit in the aftermath of a truck accident, victims and their legal representatives face a myriad of challenges that can complicate the legal process. Our friends from Kiefer & Kiefer shed some light on the complexities of truck accident cases and why it’s important to select a truck accident lawyer who focuses on these intricate cases to help you secure full compensation.
Complex Liability
Determining liability is a complex aspect of any truck accident case. Multiple parties may share responsibility, including the truck driver, the trucking company, maintenance crews, and even manufacturers. Pinpointing the exact cause and responsible parties requires a thorough investigation, often involving accident reconstruction experts and detailed analysis of maintenance and driver records.
Federal Regulations And Compliance
The trucking industry is heavily regulated by federal laws, including the Federal Motor Carrier Safety Regulations (FMCSRs). Adherence to these regulations is critical for ensuring safety on the road. However, violations are not uncommon, and lawyers must navigate through the intricate web of regulations to identify breaches that may have contributed to the accident. The complexity of federal laws adds an additional layer of challenge to truck accident lawsuits, as your lawyer must not only consider federal regulations, but also any state laws the trucker or carrier may have violated.
Insurance Company Tactics
Insurance companies representing the trucking industry are notorious for employing aggressive defense tactics. These companies may attempt to minimize payouts by shifting blame onto the victim, disputing the extent of injuries, or challenging the evidence presented. Skilled lawyers must be prepared to counter these tactics, negotiating effectively to ensure their clients receive fair compensation for medical expenses, lost wages, and pain and suffering.
Severity Of Injuries
Truck accidents often result in severe injuries due to the massive size and weight disparity between commercial trucks and passenger vehicles. Dealing with the aftermath of catastrophic injuries requires extensive medical documentation and expert testimonies to establish the long-term impact on the victim’s life. Estimating future medical costs and the overall economic impact becomes a crucial aspect of the lawsuit.
Gathering Timely Evidence
Preserving evidence is crucial in any legal case, but it becomes particularly challenging in truck accident lawsuits. Evidence may include data from the truck’s black box (the electronic data recorder, or EDR), surveillance footage, witness statements, and maintenance records. However, these pieces of evidence are subject to alteration or loss if not collected promptly. Attorneys must act swiftly to secure crucial evidence before it is compromised.
Pre-existing Conditions
Insurance companies often scrutinize the medical history of the victim, looking for pre-existing conditions that may have contributed to the injuries. Defense attorneys may argue that the injuries were not solely the result of the truck accident, leading to disputes over the extent of compensation owed to the victim. Lawyers must carefully navigate these challenges to establish a clear link between the accident and the injuries suffered.
Securing Compensation In An Uphill Battle
From navigating complex liability issues to countering insurance company tactics, lawyers must be adept in handling the intricacies of these cases. By addressing these challenges head-on, legal professionals ensure that victims of truck accidents receive the justice and compensation they rightfully deserve.