Most people do not know what to do next after they have been involved in a truck accident. This is understandable given the extreme nature of such cases. Wisely, most victims immediately contact an attorney. It must be understood, however, that it may not be enough to simply call a lawyer. Your choice of counsel can have a dramatic impact on how your case is handled. This article will discuss the ways in which hiring an attorney with experience in such matters can benefit your case.
Truck Accident Cases Can Involve Multiple Parties and Multiple Theories Of Liability
An Experienced Attorney Can Identify The Relevant Parties In a Truck Accident Case
Trucking accident cases can involve multiple defendants. These parties can include the driver of the truck, the owner of the truck, any third-party management companies which the owner may have hired, entities who loaded the truck’s cargo, and more. Whether parties beyond the driver and their employer are liable, however, is a fact-specific inquiry which will depend on the particulars of the case. An experienced attorney will be able conduct an in-depth analysis of the facts and determine which parties should have claims brought against them. Given that failing to name a party can result in you not receiving your full amount of compensation, it is important to choose counsel who has the experience needed to analyze the situation.
An issue which can complicate the naming of all necessary defendants is the fact that trucking companies, as well as other relevant parties, may be part of a complex corporate structure. When an LLC is owned by a privately-held corporation, which is in turn owned by another LLC, then the possibility of not identifying all of the parties increases. By retaining an attorney with experience in such matters, you increase the likelihood that your counsel will be able to identify all of the relevant defendants.
An Experienced Attorney Can Employ Multiple Theories Of Liability
Numerous theories of liability can exist in truck accident cases. These can include claims of negligence against the truck’s driver, claims of negligent hiring and supervision against the driver’s employer, as well as claims against management companies and other third-parties. An experienced attorney will often be better suited to interpret the nuances in personal injury law which determine whether or not a particular theory of liability applies to your case. If all potential theories of liability are not explored then, again, you may not receive the full amount of compensation to which you are entitled.
An experienced attorney will also be familiar with the types of discovery needed to establish a particular theory of liability. Without conducting this discovery, a victim may find themselves believing that they have a particular claim against a certain defendant but will not have the evidence needed to prove it. This will result in the victim not being able to assert that claim even though the actual facts of the matter may support it.
Experienced Truck Accident Attorneys Will Be Able To Deal With Expert Witnesses
Expert witnesses are important in most truck accident cases. First, in regard to liability, such witnesses are often needed to establish whether the defendants were following industry standards in terms of maintaining the truck, etc. Also, an accident reconstructionist can be utilized to offer an opinion as to who was actually at fault for the wreck. Second, in regard to damages, medical and vocational experts will often be utilized to state the extent to which the victim has been damaged by the accident, whether they will be able to return to work, and how the situation has impacted their economic well being.
An experienced attorney will often have relationships with the type of experts needed to establish your claims in a truck accident case. Experienced counsel will also be more likely to know how to go about addressing any claims made by defense experts.
An Experienced Attorney Will Be More Likely To Have The Resources Necessary To See Your Case To Completion
Trucking accident cases can be extremely expensive for the law firm handling them. Your attorney will typically pay all of the litigation costs up front, including the costs of experts, and will not be reimbursed unless your case settles or you prevail at trial. Hiring a firm without the financial resources needed to see your case through to the end can result in counsel having to withdraw while your litigation is pending. This can delay your case or, worse, lead to a negative outcome. By retaining an experienced attorney, you hire a firm that will likely have a better understanding of the resources needed to handle such a matter. This makes them less likely to “get in over their head” which, unfortunately, happens from time to time in personal injury law.
Ask Potential Attorneys About Their Prior Experience With Truck Accident Cases
It is important that you ask about prior experience when you are deciding which firm to retain for a truck accident case. Relevant questions can include asking the attorney about the percentage of their practice that is devoted to personal injury law. Are they a “personal injury lawyer” or are they a general practitioner who takes personal injury cases. It is also suggested that you inquire about prior truck accident cases the firm has handled as well as their financial capacity to retain necessary experts. Remember that your attorney works for you and it is entirely within your rights to ask such questions before hiring them.