truck accident lawyers

The Importance Of Getting A Lawyer Involved Early After A Trucking Accident

Truck accidents can cause devastating injuries, such as spinal cord injuries, traumatic brain injuries, internal organ damage, and broken bones. You can ensure critical evidence is preserved by getting an experienced truck accident attorney as soon as possible.

A competent personal injury attorney will move fast and take the necessary steps to gather evidence from the truck’s black box which can significantly improve your chances of proving the fault of the truck driver and the negligent trucking company.

Moreover, the attorney’s investigative team will obtain critical physical and forensic evidence from the crash site, reach out to potential eyewitnesses, hire accident reconstruction experts, and prepare a robust case for maximum damages for your injuries and losses.

Trucking Companies Will Do Everything They Can to Minimize Their Liability

You need to understand that a trucking company immediately gets into action to protect its interests instead of worrying about your injuries. They will work with their insurance company to send a crash team to the accident site even before you can think of hiring an attorney.

All this might take place while you are still in the hospital. In addition, investigators working for the insurance company will take steps to look for evidence that can be used against you. This may include surveillance footage, black box data, accident reconstruction report, police reports, witness interviews, and photographs of the accident scene.

As per the Federal Motor Carrier Safety Administration (FMCSA) Title 49 §390.15, a trucking company is required to cooperate with the plaintiff’s investigation. Stemming from this, they don’t necessarily need to turn over the results of their own inquiry. There are usually multiple responsible parties in a truck accident. It is up to your legal team to investigate and determine who they are.

You can improve your chances of getting the financial compensation you deserve by hiring a competent truck crash lawyer in Alabama as soon as possible.

Importance of Early Investigation After a Truck Accident in Alabama

Commercial truck accidents are usually more complex in comparison to other auto crashes. This is because multiple entities may share liability.

For instance, an overweight, speeding truck that caused an accident because the brakes failed is likely to have at least four potential liable parties – the truck driver, the trucking company, the cargo loading company, and the truck repair and maintenance contractor.

The trucking company can be held liable for the accident if they pushed their driver to violate the federal Hours of Service (HOS) regulations, compelled the trucker to meet unrealistic delivery deadlines, failed to provide proper training, or hired underqualified drivers without performing proper background checks.

The Federal Motor Carrier Safety Administration conducted a Large Truck Crash Causation Study and reported that 10% of truck accidents happen due to vehicular failures whereas 87% of these crashes take place because of driver negligence, trucking company negligence, and the negligence of third-party vendors.

You will need to show proof that the defendants acted negligently in order to win a personal injury case after a truck accident. You would also need to prove that their negligent actions directly contributed to the accident and that the accident led to your injuries. A skilled truck accident attorney can take the necessary steps for preserving evidence and determining potential liability to maximize your compensation.

Collecting and Preserving Evidence to Prove a Truck Accident Claim

If you hire a truck accident lawyer as soon as possible after your accident, it is possible to collect and preserve evidence to prove the fault of the trucker and the trucking company. This includes the truck driver’s logs, black box, and witness testimonials, apart from photographs, videos, and other physical and forensic evidence from the crash site.

It’s crucial to interview witnesses while the incident is still fresh in their memories. Based on the police report, accident reconstruction reports, and other evidence, your attorney may also investigate various third parties that can be potentially held liable for the accident.

Investigation

Your attorney may examine the records of the trucking company and driver to look for patterns of negligence and proof of negligence. They will comb through the electronic data recorder (EDR) information looking for evidence of mechanical failure, driver behavior, and communication with the trucking company. Your attorney may also subpoena cellphone records of the truck driver to determine whether they were driving while distracted.

Anti-spoliation letter

A major reason to have an attorney come on board as quickly as possible is to send an anti-spoliation letter to the trucking company. There have been cases where truckers have “lost” important evidence in their possession, such as the electronic data recorder’s logs. Your attorney will send the letter of preservation to ensure the evidence is not compromised.

Witness testimonials

Witness statements act as critical evidence for any truck accident claim. An experienced accident attorney will not waste time interviewing witnesses after the crash. This allows for discovery of important facts that help in proving a claim. Your attorney may also get the witness to sign a written statement or obtain a recording of their verbal statement to preserve their account long after memories fade.

Access surveillance footage

Commercial buildings and local businesses near the accident site may have surveillance cameras. However, most businesses record over previous footage. A prolific injury attorney knows the importance of accessing this footage in a timely manner. They will send investigators to parking garages and other local businesses to inquire about cameras and take the necessary measures for preserving footage.

Discuss a Winning Legal Strategy to Maximize Your Damages

The experienced truck accident attorneys at the law firm of Frank M. Wilson will help you understand your legal rights and gather important evidence to maximize the damages you recover. We have decades of combined experience representing injured victims in truck accident cases.

Schedule your free and confidential consultation with us today. Call 334-423-3137 or write to us online.

 

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