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Category: Truck Accidents

What Will The Trucking Company Be Doing To Prepare Their Case?

Trucking companies take many actions after an accident one of their drivers caused. Truck accidents cause significant injuries and damages involving complex insurance procedures. These accidents can also involve multiple parties, making settling claims and pursuing compensation even more challenging than other car accidents.

Suppose you or a loved one is a truck accident victim, and you want to claim compensation from the trucking company. In that case, it may be best to work with a lawyer who knows how to deal with such claims and understands the laws and regulations that involve trucking companies.

What Trucking Companies Do After an Accident

After an accident, the trucking company will investigate the case to know the cause, establish liability, including shared liability, and know the number of victims involved. If the company is liable, it might have to compensate the victims for the damages fully. Before settling the claim, they will involve their lawyer and insurer. After an accident, trucking companies will involve their legal teams and allow their insurance companies to investigate and value claims. The companies will want to build their defense against accident victims and prepare their case.

To do this, the trucking company be doing to prepare their case:

  • Interview their driver
  • Collect witness statements
  • Attempt to contact the victims
  • Investigate the damages, including injuries and damages to property

While they may have to compensate the victim, they will want to pay as little as possible. Therefore, they will collect evidence to minimize the claim’s value. They will use the evidence to dispute a driver’s liability or establish comparative liability.

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How Can You Prepare for a Claim or Lawsuit Against a Trucking Company?

After an accident, the most important things you must do are dial 911, report the accident to the police, and obtain legal help. The police collect information at the scene that is vital to your claim. Truck accident lawyers use the police report to investigate the case and collect more evidence to support your claim. Your lawyer will establish negligence and file a claim as per the law.

If the accident is due to the negligence of the driver or trucking company, your lawyer will send a spoliation letter to the trucking company. This serves as a notice to the company to inform them of the claim and ask them to preserve their evidence, including black box data. You must send this letter on time.

How Do You Protect Your Claim?

As the trucking company prepares their case or defense against the claim or lawsuit, they may contact the victims or investigate their lives. Your lawyer will advise you on what to do after the accident to protect your claim.

Some of the things that you may want to avoid doing after the accident include:

  • Speaking to the trucking company, their insurer, or lawyer
  • Failing to seek medical attention or keep up with your doctor’s appointment
  • Posting stories about the case on your social media accounts
  • Sharing pictures of your injuries on social media accounts
  • Posting pictures of you with friends or family while on holiday or enjoying your hobbies

Depending on the nature of the accident and the severity of your injuries, there are several damages you can claim. The trucking company, through their investigators, may follow you around for evidence to dispute your claim. Making one mistake can give the trucking company a reason to argue that you did not sustain severe injuries or the accident has not affected your life as you claim.

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Who are the Liable Parties in Truck Accidents?

Federal and state laws recognize the concept of respondent superior. According to this concept, a trucking company is liable for the conduct of its driver while on duty. Truck accidents occur due to several reasons, and depending on the cause, the at-fault party can be:

  • The truck driver
  • Trucking company
  • Government entity
  • Truck manufacturer
  • Truck repair shop
  • Truck owner
  • Truck parts manufacturer

Several federal laws regulate trucking companies. These laws include hours of service, truck maintenance, the size of load to carry, and other safety regulations. Truck drivers and companies must obey these rules. If they bend or break the rules, they will be liable for the victim’s injuries and can also pay hefty fines.

The company can be held liable when an accident occurs due to the driver’s negligent actions while on duty, such as fatigued driving, speeding, using a cell phone, or driving while intoxicated. Additionally, the trucking company can be liable for improper loading and poor truck maintenance. In some cases, the trucking company and a third party can be liable for accidents due to poor truck maintenance or equipment failure.

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