Is It Difficult to Win Truck Accident Cases?
When a truck accident occurs, the sheer size of an 18-wheeler, tractor-trailer, or semi-truck almost guarantees that at least one party – particularly those in a passenger vehicle - will sustain serious, life-altering injuries.
The path to justice should be simple and straightforward for victims of trucking accidents, but sadly it can be difficult to win a truck crash case if the plaintiff does not solicit the help of a legal professional specifically skilled in handling these claims early in the process. The longer a person waits, the more difficult it can be to win their case and recover the financial compensation they are rightfully owed.
Why Are Truck Accident Cases So Difficult to Win?
Since legal settlements and verdicts can cost trucking & shipping companies tens of thousands (in some cases millions) of dollars, they typically employ expensive insurance companies that have seasoned attorneys who will attempt to do anything within their means to refute a claim, whether that involves downplaying the plaintiff’s injuries or shifting blame for the accident onto the injured person(s). Some trucking companies even have policies in place to shred or delete files and accident reports after a certain period of time.
Why Hire a Truck Accident Lawyer?
Combating an insurance lawyer may seem simple. After all, if you are in the right then the court should be able to see that, correct? The tragic truth is that insurance companies and large trucking companies have a huge leg up in court because, in all probability, they have already resolved similar claims in the past. That is why having a skilled lawyer in your corner is your best chance at winning.
A lawyer can utilize their own skill and network of experts to reconstruct the accident to help establish negligence. This can defend you against any negligent parties attempting to falsely claim you were majorly or wholly responsible. In addition, an attorney can delve into forensic data, preserve “black box” data from the truck in question, and discuss the case with the appropriate law enforcement officers and investigators — and that is just the tip of the iceberg.
How Do You Win a Claim?
To reach a favorable outcome for any injury case, you will need to prove the following:
- The negligent party owed you a standard of care;
- The negligent party breached this standard of care, causing the accident;
- The accident caused you injury.
For truck collision cases, the first criterion is not too difficult to prove: All vehicle operators on the road, whether they are a big rig driver or a bicyclist, owe each other a standard of care and are obligated to conduct their vehicles safely.
The second criterion is where the most contention tends to arise because the defense may claim you were at fault.
If the truck driver engaged in any of the following actions, it is probable that you have solid grounds for a case:
- Fatigued driving
- Distracted driving
- Ignoring industry regulations
- Speeding and violating traffic laws
- Driving while intoxicated or under the influence
It has been found that about 29% of all truck crashes are caused by brake failure; the second-leading cause, at 20%, is speeding. Thus, it should be noted that while many accidents are the fault of the truck driver, there could be other parties responsible, such as their employer who decided to forgo routine vehicle maintenance, the manufacturer, or a cargo loader.
As for the third criterion (that the accident caused you injury), it is anticipated that the defense will be hard-pressed to deny that you were injured. As mentioned, truck accidents tend to result in catastrophic injuries, including but not limited to traumatic brain injuries, spinal cord injuries, orthopedic trauma, the loss of a limb or multiple limbs, and severe burns. More often than not, accident victims need emergency medical attention, which also provides unquestionable documentation of their injuries.
Prioritize Your Future. Consult a Legal Professional.
As you can see, no truck accident case is easy to win, no matter how much a legal victory seems guaranteed. It is best to work with a lawyer who understands the nuances of truck wrecks and has a proven track record of success in handling them.
Founded in 1958, The Beasley Firm has decades of experience in litigating truck and car accident cases in Philadelphia. Having recovered more than $2 billion for clients in Pennsylvania and New Jersey, the firm’s award-winning lawyers have the grit to fight tooth and nail for you and your case.
For more information about The Beasley Firm, visit beasleyfirm.com.
comments powered by Disqus