Your lawyer will inform you of who can be sued in your truck accident case. Generally, an at-fault truck driver and their employer may be the first parties that your lawyer reviews as potentially liable parties. Others who could be liable for a truck accident are:
- Any parent company of the truck driver’s employer
- Any individual who contributed to your accident, such as a non-truck driving motorist
- A mechanic whose work caused a vehicular malfunction
- A vehicle parts manufacturer whose product contributed to your accident
- Any other party who contributed to your accident
Determining who is liable for your accident is one of your lawyer’s priorities.
Liability Is Relevant to Both Lawsuits and Insurance Claims
Your lawyer will figure out who is liable for your truck accident, as doing so is relevant whether you pursue an insurance claim or lawsuit. Once your lawyer establishes liability, they can tell you who can be sued or for your truck accident or named in an insurance claim.
Once your lawyer determines who is responsible for your accident, they may calculate how much your losses are worth. The calculation of your losses could help them recommend whether you may file an insurance claim or a lawsuit.
Insurance May Have Financial Limitations
A lawyer will help a client pursue an insurance claim if it is the right course of action for that client. However, there may be financial limitations to insurance policies that may prevent you from securing coverage that is equal to your losses. Nevertheless, your lawyer will review insurance policies that apply to your accident.
The truck driver who caused your accident may be insured, as the Federal Motor Carrier Safety Administration (FMCSA) requires drivers to maintain certain insurance minimums. Your own insurance policy may provide coverage in the case that a truck driver was uninsured. In some cases, the truck driver’s employer may have insurance that covers your losses.
Your lawyer may explore each of these insurance-related possibilities. Ultimately, your lawyer will consider whether insurance covers the losses that you have suffered. If it does not, then they may begin the process of a lawsuit.
A Lawyer Will Handle the Complexities of a Lawsuit
When a truck accident causes victims to suffer, a lawsuit may be absolutely necessary to compensate the victim for their losses. However, the process of completing a lawsuit may not always be simple. The legal process may be especially confusing for someone who does not have legal training or experience.
This is one reason why so many accident victims turn to lawyers to handle their cases. You may make the same decision. The American Bar Association (ABA) explains that even the pre-trial requirements of a lawsuit can be complex. The person handling your lawsuit may need to know:
- Which specific court to file your case in
- The specific forms of legal documentation which that court requires for successful filing
- How to properly craft the required legal documents
- Deadlines that govern filing in that specific jurisdiction
These concerns may only be the start of what your lawyer deals with when bringing your case. Your lawyer may also:
- Visit the scene of your accident and review evidence like your damaged vehicle so that they will have all available information about your case
- Work with experts to make a re-creation of your accident
- Calculate the precise monetary value of your losses
- Obtain documents that show your losses, like medical bills and your pre-injury earnings statements
- Interview witnesses and organize their accounts
Your Lawyer Will Negotiate Coverage for Your Losses
The process of negotiating with one or more lawyers is another feature of a lawsuit. Your lawyer will aim to obtain financial compensation without you having to go to court. This generally means negotiating a pre-trial settlement.
When negotiating, your lawyer will have a record of your losses. They will have assigned a monetary value to losses that could include:
- Past and future pain and suffering
- Past and future mental anguish
- Property damage to your vehicle
- Damage to other personal property
- Medical costs
- The cost of rehabilitation for physical and psychological trauma
- Lost wages
A lawyer will itemize all losses that have come from you losing a loved one in a way that qualifies as wrongful death. They will keep you updated on the progress of settlement negotiations, and you may collectively decide whether to accept or reject compensation offers.
Call a Truck Accident Lawyer Today
Our team has recovered hundreds of millions of dollars for our clients and can serve as your truck accident lawyers following a collision that caused injury or the loss of your loved one’s life. Call our attorneys today at (702) 633-3333 for a free consultation about starting a case for awards.