Establish Negligence Following a Truck Accident
If a client decides to pursue compensation for damages, an attorney will have to prove negligence on the part of the trucking company, driver, manufacture, or another party. This includes demonstrating that there was a breach within the parameters of the at-fault party’s duty of care.
For instance, the truck driver may have been speeding, texting, or running a red light. Other ways that a company or driver may have breached their duty of care include:
- Not maintaining a logbook of hours driven
- Failing to document rest breaks or days off
- Not adhering to rigid maintenance schedules
- Improperly loading truck cargo or hazardous substances
- Not adhering to local, state, or federal driving regulations
Calculating Damages After a Truck Accident
The types of compensation that a client can claim fall into two main categories: economic and noneconomic. The Hoag Law Firm can help assess both past and future projected expenses as well as other financial losses to estimate the value of the case.
Damages in a trucking accident case include:
- Past/current/future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Companionship/care of a loved one
How an Attorney Can Help
Many of the clients that attorneys work with are unaware of their legal options or how much their claim is actually worth. For this reason, a lawyer can be a valuable asset when submitting a claim to the insurance company.
Gather and Document All Evidence
The Hoag Law Firm can perform a thorough investigation of the accident and review all the facts of the case. Trained professionals will seek to obtain evidence that can substantiate the accident claim. Evidence may include medical records, eyewitness interviews, police and accident reports, camera footage, and clues at the accident scene.
Build the Case
Attorneys do more than just submit documents. A legal team develops a strategy to present a compelling claim and support it with factual evidence. They understand what insurance companies are looking for or the reasons why they may reject a claim and build a case before submitting the claim.
Negotiate a Settlement
The attorney communicates with the insurance company on behalf of the client to negotiate a fair settlement. If the company rejects the claim or offers a low settlement, the client may explore other options including filing a lawsuit and taking the case to court.