How Can Your Lawyer Preserve Evidence From a Truck Accident Claim? Evidence is a vital piece of any truck accident claim. It will be imperative for your attorney to obtain and preserve all relevant evidence in your case. Their ability to do this can make or break your
case for compensation. Your
truck accident attorney should thoroughly collect and preserve evidence, including by:
- Making multiple records of the same evidence: Simply having a piece of evidence is not enough. Your attorney should make multiple copies of a particular report or take numerous photographs of physical evidence to ensure a damaged or lost piece of evidence doesn’t hurt your case.
- Keeping all evidence in a safe, secure location: An attorney must treat their evidence store like Fort Knox. Ensuring that they are keeping all evidence in a secure location might seem like an obvious step, but it is one that too many lawyers fail to take.
- Keeping evidence organized: If a lawyer cannot find certain evidence when they need it, then the evidence may as well not exist. The organization of various evidence is just as important as its physical safety and integrity.
- Keeping tabs on evidence: An attorney should never let critical evidence out of sight. If they must share a piece of evidence with a third party, they must ensure that they have backups and only relinquish the evidence for as long as is necessary.
These are just a few best practices for handling evidence. A seasoned, well-reviewed attorney should rely on these practices as second nature.
What Evidence Could Help Your Truck Accident Case?
Truck accident cases can be especially complex from an evidentiary standpoint. Your attorney may need to get certain evidence from the trucking company-which, in many cases, is the party that the attorney is suing. Your lawyer may need to take legal action to acquire event data recorder (EDR) logs and other important evidence from the trucking company. Other evidence your lawyer may seek are:
- Video footage of your truck accident
- Witness accounts of your truck accident or conditions related to your truck accident like prior instances of negligence by a truck driver or trucking company
- Reconstructions of your truck accident, which your lawyer may hire one or more experts to complete
- Photographs of the accident scene
- Photographs of your injuries, damage to your vehicle, and other types of harm
- Any other document, photograph, video, or account that can be useful to your case
The array of evidence in one
truck accident case is not the same as in another truck accident case. Your attorney will complete a thorough investigation. They will gather any evidence that they believe helps your case for financial recovery.
Obtaining Evidence in Truck Accident Cases Is Notoriously Difficult
When your lawyer is seeking these types of evidence, they may experience several challenges. Your chosen law firm will work hard to overcome these challenges, which may include:
- A trucking company’s refusal to hand over evidence
- Evidence that has become degraded over time
- Evidence that is not easy to comprehend, including logs that your lawyer receives from the trucking company
- Evidence that the defendant’s challenge is not relevant or not authentic
These are just a few of the difficulties that your lawyer may face. These are challenges that, without an attorney to handle your case, you may have to address on your own.
Other Duties That an Attorney Can Handle for You
Your attorney will handle every step of your truck accident claim. Truck accident cases generally require a lawyer to:
- Investigate the cause of the accident, gathering evidence along the way
- Obtain proof of the victim’s damage
- Determine the monetary cost of those damages
- File the case and all related paperwork
- Handle all case-related communications, including those with insurance companies, other attorneys, their clients, and liable parties
- Negotiate with liable parties
- Complete a trial, if necessary
Most civil cases settle before they make it to a courtroom. A lawyer should negotiate diligently for you, never settling for any amount except that which you deserve. A lawyer is also your first and strongest line of defense against those who oppose your case. Whether it is an insurance company, trucking company, or civil defense attorney, your lawyer will rebuff anyone who tries to violate your rights (and your potential financial recovery).
Who Is Liable for My Truck Accident?
Studies suggest that a truck driver is the most likely liable party if you were in a truck accident and weren’t at fault.
Factors within a driver’s control speed, distance from the vehicle in front, control of the vehicle-most often cause truck accidents. If a truck driver caused your accident, then their employer may be liable for your losses. The driver may be personally liable, too. Truck drivers aren’t always liable, though. Other possible causes of a truck accident are:
- Vehicle malfunction, in which case you might hold a vehicle manufacturer liable
- Dangerous roads, in which case you might hold those responsible for ensuring safe roads liable
- A pedestrian’s negligent acts, where you might hold the pedestrian liable
There are many other scenarios in which a truck accident can occur at no fault of the truck driver. Your lawyer will review your case and determine who is liable for your damages.
What Damages Can I Recover After My Truck Accident?
Recoverable damages vary from case to case and may include:
- The cost of medical treatment, rehabilitation, medical equipment, and other costs of recovery
- Lost income
- Lost earning power
- Pain and suffering
- Treatment for psychological or emotional harm
- Losses associated with a fatal truck accident
An attorney
must calculate your losses accurately. The monetary figure they arrive at will set their target for settlement negotiations.
Call an Attorney Today to Start Your Truck Accident Case
Now is the time to seek justice if you’ve suffered injuries or lost a loved one in a truck accident.
Call a truck accident attorney today to start your case. Don’t wait to call, as filing your case may require a strict deadline.
