There are a few things in this world that are seen as a fact of life. Baldness, for instance, can be seen as a fact of life, seeing as how it cannot be changed. Though, there are a few more serious, bitterer things that can be seen as a fact of life, like accidents, namely truck accidents. They seem to be almost inevitable, as they strike day in and day out, millions around the globe. The damage they do and the extent of harm an accident can lead to are, almost always, devastating. However, with proper counseling, you may find compensation in there, which may not always fix what was broken but will certainly alleviate the problem. Either way, you must understand the intimates of a truck accident lawsuit process, if only to retain your rights, and receive the justice you so appropriately deserve.
Hire an Attorney
It is likely that your legal knowledge is not one that is extensive, as you may not have the depth nor the adequate grasp over the legalities of truck accidents. It is for that precise reason that you must hire an attorney, one of the first things you do when struck with this mishap. Proper legal representation can make all the difference in the world, and bring to light what little details that may have taken refuge in the shadows of deception.
Seeing how you may fall to the smokescreens of the truck company’s response team, your attorney will see through whatever the response team may throw at you. They may even get them first with something. The legal wizards at Guajardo & Mark explain how their truck accident lawyers in Houston discovered that a truck driver, in one of their cases, tested positive for drugs. In another case, the truck driver was driving under the influence of cocaine, which the trucking company had failed to screen properly. This resulted in a seven-figure confidential amount that has been rewarded, to the victim’s family. It is these small, perhaps overlooked things that will make for a strong case.
Truck Accident Investigation
To start things off, when you are at the helm of a truck accident case, the first thing you will want to do is to start an investigation. This is crucial to winning your case, seeing how evidence is what will get you moving towards your intended goal. It is also crucial to start an investigation right away and not waste any time, because the truck driver will not be fooling around.
The truck driver will call their dispatcher right away, and within minutes a whole team of attorneys and accident reconstruction experts will be on site. Subsequently, they will take photos and all the necessary measurements, as well as investigate the scene of the accident. Finally, to top things off, they will illustrate their desired perception of what happened against what actually did happen by talking to everyone present on the scene. This will include any witnesses and the police of course. That is precisely why you should not waste any time to start your own investigation and counter their efforts in robbing you of your compensation. Each moment can be critical.
You should consider consulting your attorney on how you may conduct your investigation. Though, in case you wish to conduct this investigation on your own, and go around collecting your evidence yourself, here is what you will need to do:
- Review Police Reports & Medical Records
- Locate Eyewitnesses who May Have Been Present on The Scene
- Look Into Traffic Camera Recording
- Collect All Documents That May Concern Your Case
The Process of a Lawsuit
Now, you have hired an attorney, you have carried out your initial investigation, though you are not done yet, here is what you must do:
1. Receive Treatment For Your Injuries
This goes without saying, regardless of your condition. Medical treatment will not only remedy the injuries you might have received, but also help your case in more than one way. Make sure to explain to your doctor everything, and keep receiving treatment until advised otherwise. Also, ask your doctor if you can go back to work and function normally.
Throughout your healing journey, you will want to submit your medical bills and all the information concerning the treatment to your attorney. They will be used for your case and for claiming coverage from your health insurance.
2. Notify Your Insurance Company
This part is extremely important, especially seeing how your insurance coverage may cover the expenses of the damages caused by this ordeal. They will usually ask you for your statement, which you must actively try to avoid doing. You will find that they will usually impose underhanded maneuvers and employ their notoriously sly manners by attempting to have you sign a release after giving you a miniature coverage. Become heedful and show prudence when dealing with them.
3. Lawsuit Is Filed
If either you or the truck driver and his company did not make a settlement, a lawsuit will likely be filed. Expect your attorney to be all over it, as they will also be providing you with guidance throughout this phase.
4. Discovery Period Commences
Right after a lawsuit is filed, you will go into a period referred to as a discovery period. During this time, you will try to learn as much as you can about the other side, as you can be certain that the other side will be doing the same thing, and they will stoop low to whatever measure is needed.
5. Mediation Time
At this point, a third-party intervenes with the hopes of resolving the dispute. That neutral party is referred to as the mediator. This is the last chance either party will get before the case is taken to trial. Talks will arise, and usually, settlement offers are made.
The matter has departed from your control now, as well as that of the other side, and now rests in the hands of justice. Although, expect to wait some time, as some trials do not happen before a year, and that is if you are lucky. At this stage, you, with the help of your attorney, will go through all the previous stages, with evidence and witnesses being called up.
Depending on how strong your case is, you will accordingly decide if you wish to pursue a trial or not. They are never easy to win, and they cost a lot, with the cost being both financial, and that of time. It is best to attempt to resolve the dispute with the help of a mediator. That said, always make sure you are thorough with your investigation, and that you have hired a vigorous fighter for an attorney.