The Steps to Achieving a Successful Case for A Trucking Accident

Trucking accidents can be complicated. Many factors are involved, such as human errors, mechanical issues, and legal complexities. At HoeyLegal, we understand how these accidents can impact victims’ lives. That is why we are here to help guide you through the legal process step by step.

Here is a detailed guide to assist you in handling trucking accident cases.

Step 1: Safety First.

Your safety is the top priority. Following a trucking accident, move to a safe area if you can, and call 911 for help right away. Quick medical care is crucial for your health and for documenting the accident properly. Even if you do not feel hurt at first, adrenaline and shock can hide serious injuries, so it is important to get a thorough check-up.

Step 2: Record Valuable Information.

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The details are key to a solid case. Make sure to exchange contact info with everyone involved, including all the witnesses and even the police. Take thorough notes and photos of the scene. Note things like road and weather conditions, traffic signs, and any damage. Remember to get the names and badge numbers of the officers on the scene and ask for a copy of the accident report.

Step 3: Go for a Medical Evaluation ASAP.

Seek medical evaluation without delay. Even minor injuries can worsen if not treated promptly. Try to consult a healthcare provider experienced in accident-related injuries, such as a doctor or emergency room physician. Be sure to describe all your symptoms, no matter how small, as they could signal underlying issues that may worsen over time.

Keep a thorough record of all your medical visits, treatments, and costs, including doctor’s notes, test results, prescribed medications, therapy sessions, and any out-of-pocket expenses. These will serve as vital evidence of your injuries and medical expenses when seeking compensation for damages.

Step 4: Report!

Notify your insurance company about the accident, but avoid sharing extensive details until you have spoken with a truck accident attorney or a personal injury lawyer. Your lawyer will manage communications with insurance providers and safeguard your rights during the proceedings. Nevertheless, informing your insurance company promptly is crucial to meet policy obligations and maintain coverage.

If the accident involved a commercial truck or tractor-trailer, several insurance companies might be involved, such as those representing the trucking company and third-party contractors. These parties may seek to deflect responsibility or reduce their liability, which highlights the importance of legal counsel in navigating intricate insurance discussions successfully.

Step 5: Preserve Evidence.

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After an accident, it is important to gather evidence to understand what happened. Take pictures of the vehicles involved, focusing on any damage like dents or scratches, and consider getting repair estimates to know the extent of damage. Document skid marks and debris on the road to see how the accident unfolded, and if a commercial truck was involved, your lawyer can access its black box data to understand factors like vehicle speed and driver behavior leading up to the accident, helping determine who is responsible.

Preserving evidence is crucial to prove fault and ensure fair compensation. Your lawyer will conduct a thorough investigation and gather key information like police reports, witness testimonies, and surveillance footage.

Step 6: Consult with a HoeyLegal Personal Injury Lawyer.

Consulting with a truck accident lawyer is crucial when dealing with the legal aftermath of a trucking accident. During your initial consultation, our personal injury attorneys will carefully assess the specifics of your case, discuss the available legal options, and develop a personalized strategy tailored to your unique circumstances. We understand the physical, emotional, and financial hardships that often accompany trucking accidents and are committed to helping you pursue fair compensation for various damages.

This compensation may include coverage for medical expenses, such as hospitalization, surgeries, rehabilitation, and ongoing therapy, as well as compensation for lost income due to time off work for recovery. Additionally, we will seek damages for pain and suffering, encompassing physical discomfort, emotional distress, and loss of enjoyment of life, as well as reimbursement for property damage, including vehicle repair costs and other damaged belongings.

Step 7: Preparation for Trial: Personal Injury Cases

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Trial preparation is crucial if negotiations fail to reach a fair settlement. Our personal injury lawyers will guide you through courtroom procedures, ensuring you are prepared to testify effectively and present compelling evidence. During this phase, we may conduct depositions to question key witnesses under oath, engage expert witnesses to provide valuable insight into complex issues, and conduct mock trials to refine trial strategy and anticipate jury reactions. With meticulous preparation, we aim to secure a favorable outcome for your case.

Trucking accidents can have far-reaching consequences, but with the right legal representation, you can pursue justice and obtain the compensation you deserve. At HoeyLegal, we advocate for accident victims and hold negligent parties accountable. If you or a loved one has been injured in a trucking accident, do not hesitate to reach out to us for a complimentary consultation. Your rights and future well-being are our top priorities.

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At HoeyLegal, our experienced team specializes in truck accident litigation, which ensures that your rights are protected throughout the legal process. From negotiations with insurance companies to your representation in court, we are dedicated to advocating your best interests at every turn.

FAQs

How can I prove the truck driver was at fault?

Proving fault in a trucking accident often requires a thorough investigation into the circumstances surrounding the collision. Evidence such as witness statements, photographs, and expert testimony can help establish liability. Factors such as driver fatigue, improper maintenance, or violations of traffic laws may also contribute to proving the truck driver’s negligence. An experienced personal injury lawyer can assist in gathering and presenting this evidence to support your case effectively.

What if I am partially at fault for the accident?

If you are partially at fault for the accident, you may still be able to recover damages under the legal principle of comparative negligence. Comparative negligence acknowledges that more than one party may be responsible for an accident and allows for the apportionment of fault accordingly. Your compensation may be reduced based on the percentage of fault assigned to you, but you may still be entitled to recover damages for your injuries and losses.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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