A truck accident in Huntsville can change your life in an instant. Collisions with large trucks can cause catastrophic injuries, significant medical expenses, and other losses. How do you regain control over your life and move forward? The answer may be with the help of a truck accident lawsuit pursued on your behalf by an experienced attorney.
At Morris, King & Hodge, P.C., we want to highlight the essential steps in the truck accident litigation process. When you understand what to expect from the process and how our experienced truck accident attorneys can help, you’ll feel more confident that you’ve made the right choice to pursue a personal injury lawsuit to recover the money you deserve.
Contact us now for a free consultation to discuss how truck accident litigation could be the right option for you.
What Is Truck Accident Litigation and What Makes It More Complex?
Litigation means the process of resolving a dispute through a court of law. While the terminology may be simple, the process is anything but. Alabama truck accident litigation is much more complex than other personal injury cases for several critical reasons.
First, truck wrecks tend to cause catastrophic and life-changing injuries that exceed what is typical in car accidents. Serious injuries can mean astronomical medical expenses immediately after the accident. That is in addition to the costs associated with future care, like additional surgeries, physical therapy, and rehabilitation services. Traumatic injuries can also lead to disfigurement and disability, making it impossible for an individual to return to work in the same capacity or at all – meaning a significant loss of income and benefits.
The more severe your injuries, the higher the dollar value of your case. The higher the dollar value, the harder the trucking company, insurers, and opposing legal team will work to diminish or discredit your case to save time and money.
Second, truck accident lawsuits are more complicated because several different parties may be liable for causing the accident. It is simple to point the blame at the truck driver. However, the trucking company, the truck’s owner, the cargo company, the truck’s manufacturer, and others may also be partially responsible for compensating you for your losses. Identifying and holding these entities accountable can be challenging and requires considerable time and resources.
That brings us to the third reason lawsuits over truck crashes get so complicated. It takes substantial evidence to build a solid case proving fault and maximizing compensation for your injuries. Unfortunately, gathering and preserving vital evidence can be difficult. Crucial evidence like black box data, hours-of-service logs, driver history, cargo manifests, and safety inspections are often trucking company property. A company doesn’t willingly hand over information potentially implicating their responsibility. It can take tenacious legal intervention to collect and preserve truck accident evidence.
Identifying Liable Parties and Preserving and Gathering Evidence
The interlocking and overlapping elements that make up the trucking industry mean that many parties could be at fault for a crash. Depending on the circumstances, one or several of the following could be liable for what you’ve suffered:
- Commercial truck drivers
- Trucking companies
- Owners of the truck and trailer
- Owners of the cargo
- Commercial vehicle manufacturers
- Parts manufacturers
- Cargo loading companies
- Companies that repair and maintain the truck
Our experienced Huntsville truck accident lawyers can thoroughly investigate the cause of the crash and identify all potentially liable parties, aggressively gathering and preserving evidence to build a compelling case. Since much of the evidence needed to help build a case rests in the hands of the trucking company and other defendants, your attorney may need to use legal procedures to require the defendants to preserve the evidence and share it with your legal team.
Working with Expert Witnesses in Trucking Litigation
Expert witnesses are individuals with specialized knowledge in a particular field. Their specific expertise, skills, background, and education can offer a judge or jury additional insight and perspective on complex issues the layperson might not understand on their own.
An attorney skilled in litigating truck accident cases may use expert witnesses to help analyze an accident scene, establish liability, substantiate losses, and assist the court in reaching a fair decision. Accident reconstruction specialists, mechanical engineers, medical professionals, vocational experts, trucking safety experts, and others can be crucial in helping an attorney craft a solid truck accident case.
Discovery Process in Truck Accident Litigation
The discovery process tends to be the lengthiest and most labor-intensive process in truck accident litigation. Discovery is the process of gathering and exchanging information for trial with the opposing side.
Each legal team assembles the evidence they need to build their case, then they exchange the information with each other so both parties have a complete understanding of the case and can adequately prepare for trial. Depending on the circumstances of the crash and the complexity of the case, discovery can take weeks or even months.
Discovery can feel slow. However, do not let this discourage you. Discovery is vital to helping your attorney build a solid foundation to fight for the compensation you deserve.
Settlement Negotiations and Trial Preparations
Depending on the case and strength of evidence, the insurance company might prefer negotiating a settlement rather than going to trial. Most truck accident cases settle at the negotiating table rather than reaching a verdict in court. That means you may never see the inside of a courtroom.
Following discovery, both parties may wish to enter negotiations to seek a fair settlement. Now is the time for your truck accident litigation lawyer to argue on your behalf for the compensation you deserve. If the opposing side refuses to negotiate in good faith or fails to reach a deal, your attorney can finish pre-trial preparations and present your case to the court instead.
Why You Need Our Truck Accident Litigation Attorneys
At Morris, King & Hodge, P.C., we’ve recovered over $125 million in verdicts and settlements for injured people like you. Our successes in both the courtroom and at the negotiating table have earned us a reputation for aggressive representation – one we’d be proud to put at your disposal. Our legal team is committed to fighting for you and recovering valuable compensation for your injuries and financial losses.
Before you accept anything from a trucking company or insurer, discuss your truck wreck case with a knowledgeable trial lawyer on our team. Contact our Huntsville office today and request a claim review from an experienced truck accident lawyer. The initial consultation is free, confidential, and without further obligations.
