Accident cases are inherently complex, but when you are involved in an accident with a semi-truck or other commercial vehicle, your case becomes a little more difficult than the average passenger car accident. This is not to say that you cannot win your claim – in fact, with the right attorney, you can win your case and receive compensation for your injuries. But, it is important to understand the differences of a trucking accident claim and how your actions can impact the outcome of your case (and possibly your compensation).
Truck accident litigation is by far one of the more complex areas of personal injury law. That is because most of these types of cases have interactions with state and federal laws – which create significant issues compared to other types of motor vehicle accidents. Also, due to the nature of these accidents, the damages are much higher than a traditional automobile collision and the injuries can be more complex and long-term – such as brain trauma. To make matters even more difficult, there are the demands of high-tech presentations required in courtrooms – in order for jurors to fully understand the case.
Due to the stakes involved in these types of cases, it is imperative that you have an attorney by your side. More importantly, you need a sophisticated attorney who understands the state and federal regulations as well as the special circumstances truck accident cases have.
Preparing for Trial – The Need for Immediate Action
As soon as an attorney accepts your case, he or she must work to discover facts about the event. This availability of information will deteriorate quickly after the accident is over – witnesses will forget what they saw, evidence may be lost, your injuries may change, medical records are altered, or missing information becomes a problem, etc. Therefore, attorneys must move quickly to collect and preserve evidence in order to prove your claim. Each day that passes is an opportunity for evidence to be lost.
The trucking company that you are working against will often understand the need for swift action. They also have their own attorneys – and usually have attorneys already on retainer, which means that they will be working ahead of you. As soon as the accident occurs, the trucking company may deploy their own investigative team at the site to collect evidence. These response teams will then start to work on their strategy – ensuring a favorable outcome if a claim is filed against them. Because they are there on the scene collecting evidence and already creating a plan of attack, they are miles ahead of you and your attorneys.
To further complicate the matter, there is the issue of the federal regulatory structure. A trucking company, by federal regulations, is only required to maintain their vital records for six months after an accident; therefore, if you file your claim after those six months have passed, they could have removed evidence that you need to prove your case.
Injured in a Trucking Accident? Call an Attorney Now
Time is of the essence with trucking accident claims. If you have been seriously injured in a truck accident, you need to contact an attorney immediately to explore your options for compensation. Contact the accident team that is standing by at Schwartzapfel Lawyers P.C. today at 888-575-6410 or schedule your free consultation online via our online contact form.