Commercial vehicles can lead to major traffic accidents. Given the build and size of trucks, the other car involved in the crash is exposed to severe damages. Drivers and passengers who have sustained severe injuries by a commercial vehicle can take legal action to recover damages.
One of the most important for victims to know is that these lawsuits can be complicated. However, there are some steps you can take to have a better chance at victory. Solid proof of the extent of damages and injuries is essential. Also, make sure to choose a legal representative wisely. Go for an experienced lawyer that has a good track record with similar cases.
Most vehicles that weigh over 10,000 pounds and are used for commerce qualify as commercial vehicles. These can also be identified by a U.S. DOT number. Their drivers need to abide by a long list of regulations besides the standard rules. The company for which the driver works has a responsibility to properly train employees and make sure that they practice safe driving before hitting the road.
How to Prepare for a Lawsuit
Victims involved in accidents caused by commercial vehicles may file a truck accident lawsuit and recover damages. However, these types of legal actions can often be complicated. Both the trucking company and their insurance provider will put up a fight to avoid paying damages.
Therefore, it is important to have an experienced lawyer representing you. Given the outstanding case results at George Sink, P.A Injury Lawyers, you are sure to find a qualified legal advisor to fight for a fair settlement on your behalf.
The importance of Evidence
One of the most important steps to ensure a positive outcome in the lawsuit is to gather compelling evidence. For this, you must act as quickly as possible.
Information About the Commercial Vehicle and Driver
If you are in a stable enough condition, start documenting the crash at the site. Collect information about the driver and vehicle. Write down the license plate and any other relevant information that can help identify the vehicle.
Photographic evidence can go a long way in a lawsuit. It is not the only objective, but it also bears an emotional impact. You can use your phone to snap photos of the scene. A great thing about this is that you will have a date and time for all the photos you record this way. Consider the following:
- Damages to your car
- Other property damage on the site
- Road conditions
- Weather conditions
Eye Witness Accounts
Eye witness accounts can go a long way. Go and talk to anyone that might have witnessed the accident. If they are willing, take their contact information, so you may reach them in case you need their testimony for your case.
Medical Bills and Documents
Keep any medical bills you had to cover to treat injuries caused by the accident. Also, add to your case file any medical documentation of your health, including lab tests and reports. These will not only attest to the extent of your suffering but also provide a financial base for damages.
There are a series of issues that may arise during a truck accident lawsuit. It can be difficult to establish against whom to file the claim. Even if the driver of the commercial vehicle is at fault, they might be working for a company. It is also possible that they are self-employed or an independent contractor. These are important issues to clear before filing.
Based on vicarious liability, the employer can be held responsible for the action of the driver. The trucking company has a responsibility to hire competent drivers and offer them proper training before having them make drives. Failing in these endeavors may qualify them for liability.
What is more, a third party can be responsible for the traffic accident. For example, if a malfunction or a product defect of the commercial vehicle has somehow led to the crash, the manufacturer could be at fault.
Seek Legal Help
Lawsuits involving an accident caused by a commercial vehicle can be complicated for several reasons. That is why the plaintiff needs to hire a lawyer in which they can place their trust. Look for qualified lawyers who have experience in dealing with similar cases and have good case results.
Author’s Bio Sarah Douglass
Sarah Douglass has been writing all her life. What started as a passion soon became her life goal. At such a young age, she has already faced and overcame many obstacles. The instinct she developed through her life experience is coupled with an in-depth knowledge of the legal field. Sarah sees writing as a means to connect to others and help them overcome hard times.