Truck accidents are among the most complex cases to address. Trucking companies have much at stake, including a fleet of trucks and drivers and their reputations. This puts them in a position to fight tooth and nail for every penny they can get away with.
For instance, an Amazon delivery truck was involved in a crash downtown in St. Louis on September 18, 2023, as reported by fox2now.com. Amazon is a giant company with the resources to fight any lawsuit. This makes it hard for accident victims to know what they're entitled to and how much they should take.
Here's what you need to know if you've been injured in a truck collision:
Start Your Investigation
When initiating a truck accident investigation, it is crucial to approach the process systematically and thoroughly. Begin by securing the accident scene to ensure the safety of all involved parties and prevent any further incidents. Establish a perimeter and control access to the area to preserve evidence.
Once the scene is secured, document the surroundings and conditions. Take photographs and make detailed notes regarding weather conditions, road layout, and any relevant signage. This information can provide valuable context for understanding the circumstances leading to the accident.
Identify and interview witnesses present at the scene. Obtain their statements regarding what they observed before, during, and after the accident. Witnesses can contribute essential perspectives and details that may aid in reconstructing the events leading to the incident.
You should also determine what and how many parties can be liable for the accident. According to TorHoerman Law, one of the primary differences between truck and car accidents is that the former includes multiple parties. For instance, the truck driver, owner, employer, etc., can be liable for the crash.
Hence, you should also get a lawyer's help navigating the investigation and other steps of filing a successful truck accident lawsuit. However, it is crucial to hire a local attorney, as he or she will know all the essential area-specific regulations. So, considering the same St. Louis example, it will be best to hire someone from there.
A St. Louis truck accident lawyer will know information like the local statute of limitations. This can prove helpful when filing and fighting a truck accident lawsuit.
Gather Evidence
To file a successful truck accident lawsuit, you must first gather evidence. The more evidence you have, the better chance that the court will rule in your favor.
Here are some examples of evidence that may prove useful:
- Photographs: Photos help jog people's memories and show exactly what happened at the scene of an accident. Try taking photos immediately, if possible, so they don't fade over time. Otherwise, try asking someone else at the scene to snap some shots while they're still fresh in their mind.
- Medical records: An injured person may not remember everything about what happened during an accident due to pain or confusion following impact. However, medical records can provide insight into whether injuries occurred before or after the impact.
- Police report: Law enforcement officers who respond to the accident scene will typically file a report. This report may include details about the accident, witness statements, and citations.
- Electronic Data Recorders (EDR) or "Black Box": Many commercial trucks are equipped with event data recorders, similar to those found in airplanes. These devices capture information such as speed, braking, acceleration, and other vehicle data leading up to and during the collision.
- Driver logs: Commercial truck drivers must keep logs detailing their driving hours, rest breaks, and other relevant information. These logs can help determine if the driver complied with federal driving hours and fatigue regulations.
Document Your Pain, Anxiety, and Stress
After you've been in an accident, it's important to document your pain, anxiety, and stress. There's always the possibility of physical injuries. If you or someone else is injured, it is advised to get medical help immediately.
However, physical injuries are not the only health problems that affect the victims of truck accidents. According to NCBI, road traffic accident survivors experience various mental illnesses. PTSD stands at 32.3%, depression at 17.4%, and low rates of anxiety at around 5.8%.
Keeping a journal or diary can be a valuable tool for documenting your experiences with pain, anxiety, and stress. Begin by finding a quiet, comfortable space to reflect on your emotions and physical sensations. Use the journal as a canvas for your thoughts, allowing them to flow naturally onto the pages.
Describe the intensity of your pain, whether it's sharp, dull, constant, or intermittent. Include details such as the location of the pain and any factors that may exacerbate or alleviate it.
When it comes to anxiety, delve into the specific situations or triggers that evoke anxious feelings. Explore the physical manifestations of anxiety, such as increased heart rate, shallow breathing, or muscle tension.
For stress, document the sources of stress in your life, whether related to work, relationships, or other aspects. Examine how stress manifests physically and emotionally, noting patterns or recurring themes.
Assess Damages
You have to assess your damages. This means determining the value of your claim, which can be a difficult task. Damages are divided into different categories: medical costs, lost income, pain and suffering, and emotional distress.
To calculate these costs, you must get copies of all bills related to treatment for injuries sustained in the accident. This includes x-rays and MRIs, medication prescriptions, other medical bills, lost wages, etc.
Consider Mediation as an Alternative to Litigation
If you're considering filing a truck accident lawsuit, it's important to understand that other options exist for resolving your claim. One such alternative is mediation.
Mediation is a voluntary process in which an impartial third party helps parties resolve their dispute through negotiations or other non-binding resolutions. It can be used in personal injury, property damage, and business disputes.
Consider the example of Minnesota, where the personal injury settlements can range from $30,000 to $40,000, according to the Lawsuit Information Center.
Here are several reasons why mediation may be a beneficial alternative in truck accident cases:
- Cost-effective: Litigation can be expensive, involving court fees, attorney fees, and other related expenses. Mediation is often more cost-effective as it typically requires less time and resources.
- Time-efficient: Litigation can be lengthy with court schedules, filings, and other procedural delays. Mediation allows parties to schedule sessions at their convenience, potentially resolving the dispute more quickly.
- Preservation of relationships: Mediation provides a platform for open communication and collaboration. This can be particularly important in truck accident cases where ongoing relationships exist, such as between a trucking company and a client. Preserving these relationships can be crucial for business continuity.
- Flexibility and control: In mediation, parties have more control over the process and the outcome. They can work together to find creative solutions that may not be available through a court judgment, leading to more satisfactory and tailored agreements.
- Confidentiality: Mediation proceedings are confidential, which means that discussions, offers, and other information disclosed during the process generally cannot be used in court. This can encourage parties to be more open and honest during negotiations.
- Expertise and neutrality of mediator: Mediators are neutral third parties who facilitate discussions and guide parties toward a resolution. They often have expertise in conflict resolution and may even have specific knowledge of the legal issues involved in truck accidents.
- Reduced stress: Litigation can be emotionally draining for all parties involved. Mediation is generally less confrontational and can lead to a more amicable resolution, reducing stress and emotional strain.
In conclusion, if you have been injured in a truck accident, it is important to understand your legal rights. If you are considering filing a lawsuit against the at-fault driver, many factors can affect the outcome of your case. The most important thing is to start early and gather all of the evidence necessary before deciding how best to proceed with your case.