What Does a Truck Accident Lawyer Do?

When it comes to the legal process, a truck accident lawyer can provide valuable support and assistance. One of the main things they do is to let you concentrate on your healing and recovery journey while they handle any hurdles that arise when building a legal case against the defendant.

Whether your truck accident is minor or severe, you can count on a truck accident lawyer to investigate your accident, determine liability, help you collect evidence, calculate your losses, handle all communication and negotiations with the insurance company, and represent you in court if needed.

Why does a San Antonio truck accident lawyer conduct an investigation?

Many accident victims become confused when they learn that a lawyer will investigate their accident. This is likely because the insurance company has stated they are already investigating. However, if you have been involved in a truck accident, it is a good idea to allow a truck accident lawyer to conduct their own investigation. The insurance company is not on your side and does not have your best interests in mind.

Having your San Antonio truck accident lawyer investigate means that someone is looking at the evidence critically and trying to find the information that will help build your claim. The attorney may visit and look around the accident scene, check out the damage your vehicle sustained, review your medical records, determine whether the truck driver had the necessary qualifications, determine whether any laws or regulations were violated, and more. This allows your lawyer to understand what happened during the accident, who is at fault, and determine the strength of your case.

How does a San Antonio truck accident attorney determine liability?

It is very common for truck accident cases to have multiple liable parties. Your lawyer can look for all potentially liable parties and review the facts and circumstances of your accident to determine who made a mistake or violated a law. It’s their job to piece together information that points to who is at fault. A few of the parties that your attorney may find liable for your truck accident include:

• The truck driver: The truck driver may be found liable if they made a mistake or did not follow the law. For example, they may be liable for your truck accident if they were texting and driving, speeding, or failing to use a turn signal when changing lanes.
• The trucking company: The trucking company may be found liable if they hired a truck driver without a license, did not provide any training, or if they encouraged dangerous behavior. For example, if a trucking company encourages a truck driver to violate the hours-of-service regulations, which resulted in your accident, they could be held liable.
• A manufacturer: Truck and auto manufacturers are responsible for ensuring their vehicles and parts are safe and in good working order. If it is found that the brakes, tires, or even the windshield wipers have defects that caused your crash, the manufacturer could be considered liable.
• Cargo loaders: Cargo loaders are usually in charge of loading a truck. This means they must ensure the truck is properly loaded, balanced, secure, and evenly distributed. If the cargo loaders do not do this and the load shifts, becomes loose and causes a crash, they can be found liable.
• A mechanic: It is normal for a truck to have mechanical issues from time to time. When this happens, a trucking company will likely hire a mechanic to inspect and repair the issues. The mechanic may be liable for the truck accident if any issues were missed or not fixed correctly.

What type of evidence can a lawyer help you obtain?

Collecting evidence is an essential part of a truck accident case. This is because evidence backs up your statements, proves the facts of your case, and supports your accident claim. A lawyer will assist you with obtaining strong and compelling evidence to prove that you were involved in the accident, suffered injuries, that the defendant is liable, and that you are entitled to financial recovery. The following are some of the evidence pieces they may help you obtain:

• Photographs
• Surveillance footage
• Dashcam footage
• Black box data
• Medical bills
• Medical records (imaging tests, surgery documents, doctor notes, etc.)
• Prescriptions
• Eyewitness statements
• Expert witness testimonies
• Police accident reports
• Trucking company records (inspection records, maintenance records, training records, etc.)
• Cell phone records
• Drug and alcohol tests

How are your losses calculated?

It is crucial to sit down with your lawyer and ensure that each loss is calculated. An insurance agent will say that they have calculated your losses, but the truth is that insurance companies will do everything they can to reduce the amount of compensation they owe you. You should begin working with a lawyer as soon as possible to establish your losses based on your unique situation. Your losses are the hardships and expenses you have experienced due to the accident, such as:

• Medical bills
• Lost income
• Physical pain
• Scarring
• Disfigurement
• Disability
• Mental anguish
• Emotional distress
• Physical therapy
• Property damage
• Loss of companionship
• Loss of enjoyment of activities
• Diminished quality of life

After identifying your losses, a lawyer will work with various professionals, such as doctors, nurses, accountants, physical therapists, occupational therapists, and surgeons, to calculate their worth. This allows them to build a case for fair and accurate compensation.

Why can an attorney help you communicate and negotiate with insurance companies?

One of the most important roles that your truck accident attorney has is to help you communicate and negotiate with insurance companies. Insurance companies often use tricks and tactics to get you to speak and provide statements that can be twisted, turned, and used against you. To help you prevent this from happening, your lawyer will handle all forms of communication with insurers.

In addition, insurance companies usually offer accident victims lower settlements than they deserve. Many accident victims do not know this and get excited when they receive a settlement offer from the insurer. However, your lawyer can quickly review the offer and let you know whether it is a decent amount of money or if it is possible for you to receive more. If your lawyer determines that you can get more and you decide not to accept the offer, they will begin negotiating for the full compensation you are entitled to. This usually involves going back and forth until a fair settlement is reached.

When representation in court might be necessary

Not all truck accident cases end up in court. However, if the insurance company fails to cooperate or will not budge on the settlement offer, your attorney may suggest filing a truck accident lawsuit and taking the case to trial. If your case goes to trial, your lawyer will continue building your case and prepare to present the evidence and arguments to the judge or jury.

Truck accident victims have depended on Pat Maloney: Accident & Injury Attorney, for many years. This is because when you reach out to Pat Maloney, you will be met with the utmost respect, compassion, empathy, and a lending hand. He is a truck accident attorney who will work endlessly to stand up for your rights and fight for the maximum compensation you are entitled to. Please call our office or submit our contact form to schedule a free case evaluation in San Antonio today.