Truck accidents can cause extreme amounts of damage, devastating injuries, and sometimes even death. Those who are injured in trucking accidents should immediately speak with an attorney experienced in handling these injury cases to help them; however, there are steps plaintiffs can take to help their cases as well. The following tips should be kept in mind when dealing with a trucking accident, as they are sure to help any case.
Keep Tabs on All Damages
Damages do not only occur at the scene of an accident. When injuries are involved, there are ongoing medical bills, lost wages, extra expenses, pain and suffering and many other things. Damages can also include things loss of companionship; losses or expenses felt by other family members; and loss of quality of life. It is essential that those hurt in truck accidents keep a detailed list of all costs from the very beginning as they happen to help put a realistic value on damages. This is not only an important way to assist attorneys in determining an appropriate settlement demand; it also helps document and validate mounting damage costs.
Proving Negligence and Vicarious Liability
There are many different strategies used to prove that the driver and company that owns the truck are liable for the injuries that resulted from the accident. Vicarious liability is a form of secondary liability that holds a company liable for the actions of a negligent driver who was acting on behalf of that company when an accident occurred. If it can be proven that the driver’s error occurred while working for the company that owned the involved vehicle, that company could be held liable. This possibility often makes a better case than simply finding the driver liable, especially when injuries are severe and settlement awards may be high.
Criminal Charges Against Drivers
Another important part of any injury claim is if the driver who caused an accident was arrested on criminal charges related to the accident. Drivers who negligently cause accidents in ways such as knowingly driving a truck not legally roadworthy; falsifying log documents; driving under the influence; or some other criminal offense may be criminally charged and must face the repercussions of such charges. A driver's conviction on criminal charges can greatly enhance the award found against the driver and the driver’s company. A driver convicted of a criminal offense related to the accident is used by injury attorneys to help present their client's case more favorably.
Although there are many factors involved in developing an injury case and obtaining the best settlement after a truck accident, injury lawyers find the points above extremely helpful. The goal is always to prove negligence on the driver or owning company and base settlement requests on actual losses. Keeping these tips in mind, attorneys and their clients who have been injured in trucking accidents stand the best chance of a favorable lawsuit result.
Pearland, Pasadena, Webster, League City, Webster, Manvel, Alvin, Friendswood, La Marque, Texas City, and Galveston
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law
7830 Broadway, Suite 122
Pearland TX 77581
Phone: (281) 408-2190