Truck Accident Litigation

If you have been injured due to the negligence of a truck driver and/or trucking company, you are entitled to compensation for your medical costs, loss of income, and vehicle damage.

In some cases, it is possible to receive a fair settlement during the pre-litigation period. If the trucking company does not provide you with a settlement that covers your expenses and gets back on your feet, it may be necessary to hire an experienced truck accident attorney to assist you with personal injury litigation.

In order to prepare for your personal injury trial, your truck accident attorney may request the driver’s log books and maintenance records. There are many regulations that truck drivers and trucking companies must follow. Failure to adhere to these federal trucking regulations can lead to serious truck accidents as well as personal injury and wrongful death that the truck company is liable for.

Some trucking companies require the use of an on-board recording device. Similar to a “black box” used on an aircraft, this device records the driver’s status as well as the hours that the driver has been on duty. The information obtained from this device can also be beneficial in your trucking accident lawsuit.

After your truck accident attorney gathers evidence, you will enter the discovery phase of the truck accident lawsuit process. During discovery, each side must give their evidence to the other side. This includes a list of witnesses who will testify as well as physical evidence of the trucking accident that will be entered during the trial. Discovery allows each side the chance to prepare their case and avoid being blindsided in court.

If a settlement is not reached first, you will then go to trial. Depending on your state as well as circumstances, your case could be heard by a judge (bench trial) or a jury. If your case is heard by a jury, there will be a jury selection process.

The trial begins with an opening statement by each attorney. Then the lawyers for the plaintiff and defendant present their case, including evidence and witness testimony, before the judge and/or jury. Following closing arguments, the judge will make a decision. If this is a jury trial, the jury will deliberate before reaching a verdict. If the judge or jury finds for the plaintiff, they will decide on a settlement amount.

Truck accident litigation can be a complicated and lengthy matter. It is important to hire an experienced truck accident attorney who is familiar with the laws and truck regulations in your state. Your attorney will work hard to ensure that you are compensated for the injuries or wrongful death that occurred as the result of a trucking accident.