Research and reports from the Federal Motor Carrier Safety Administration (FMCSA) cite the following as common causes of trucking accidents:
- Tailgating
- Vehicle flaws
- Inattentiveness
- Unfamiliar routes
- Speeding or racing
- Inadequate training
- Tire or brake issues
- Dangerous cargo shift
- Insufficient experience
- Driver fatigue or illness
- Drug or alcohol impairment
- Road and weather conditions
If driver, mechanical, or environmental issues led to a trucking accident and you or someone you love was injured, you might have the basis of a personal injury insurance claim or lawsuit. If you lost a loved one in a trucking accident, you might also have the basis of a wrongful death lawsuit. A trucking accident lawyer might be able to help you build a solid case that enables you to fight for financial compensation.
Establish the Cause of Your Trucking Accident
To establish your eligibility for financial compensation, you might be required to prove the truck driver, his employer, or his truck’s manufacturer were negligent in causing your accident. Negligence has four components required by most states:
- Duty
- Breach
- Cause
- Damages
To establish negligence and cause, your lawyer may use your recollection of the events leading up to the accident, impartial witness accounts, and the objective details found in your crash report. Obtain a copy of your crash report right away and submit it to your legal team along with any photos that depict:
- The accident scene
- Damage to both vehicles
- The extent of your injuries
Your lawyer may also obtain copies of all relevant insurance policies along with the truck driver’s CDL license, his truck’s registration, his employer’s contact information, and his truck’s maintenance and mechanical records.
Establish the Financial Impact of a Trucking Accident
After your legal team has helped you establish the cause of your trucking accident, they may turn their attention to helping you establish its cost. In the days and weeks after the accident, you might not understand the total financial toll of the accident. The lawyer who represents you may explain the importance of not accepting a speedy settlement offer instead of waiting for all accident-related expenses and losses to be known.
The current and future recoverable damages you might be entitled to include:
- Medical records and bills
- Employment and salary history
- Vehicle repair or replacement costs
- Emotional and mental anguish
- Physical pain and suffering
After all your financial expenses and losses are accounted for, your lawyer may guide you through the financial settlement process or represent you in court.
Settlement Negotiations May Help You Avoid Going to Court
You might avoid going to court to resolve your trucking accident lawsuit by agreeing to a financial settlement with the at-fault party or their insurance provider. You, not your lawyer, will always make the final decision to accept or reject a settlement offer. Your lawyer may negotiate on your behalf and advise you along the way, but the final decision is yours, which means you should be aware of several important facts.
A signed settlement agreement is final and binding. Even if you uncover legitimate expenses later, you will not be able to seek additional compensation. That makes assigning an accurate monetary value to your compensation package critical.
Your lawyer may prepare and file your personal injury or wrongful death lawsuit even while settlement negotiations are ongoing. This crucial step may help preserve your ability to file a lawsuit if you cannot reach a settlement agreement. Failing to take this protective step might result in an inability to file your lawsuit if settlement negotiations break down.
According to the American Bar Association (ABA), your lawsuit might be thrown out of court if it is filed after the statute of limitations has expired. You do not have to determine and comply with the statute of limitations on your own. With early involvement in your pending lawsuit, your legal team might be able to ensure your lawsuit is filed on time and your risk of dismissal is removed.
The Cause of Your Trucking Accident Might Entitle You to Financial Recovery
If negligence caused the truck accident in which you were injured, you might be entitled to pursue the at-fault party for your accident-related financial damages. Know what the common causes of trucking accidents are and how the cause of your accident might entitle you to financial compensation. A truck accident lawyer on our legal team might be able to help you prove the cause of your accident and its resulting financial impact. Contact Morelli Law Firm by calling (212) 751-9800 to explore your right for financial recovery today.