While most people seek simple solutions after being involved in a trucking accident, the reality can be far more complicated. That’s because trucking accidents are more complicated. They can involve multiple vehicles as well as the trucking company, the driver, the truck’s manufacturer, and other parties. Although each trucking accident case is different, keep reading to get an understanding of the legal process.
Accident Report
Every trucking accident should include an official police report. Missouri law states that all accidents must be reported if they involve $500 or more in property damage or if anyone was injured or killed in the accident. Due to the nature of trucking accidents, both scenarios are likely. Obtaining a copy of a police report is essential in building your case because it provides an objective, factual report of the circumstances and aftermath of the accident.
Investigation
After a trucking accident, insurance companies will conduct an investigation. A truck accident lawyer can assist you by gathering evidence such as video footage and witness statements that will strengthen your case. One important thing to remember is that you should never talk to insurance companies on your own. They may use your own words against you during the investigation, which can impact the amount of compensation you can receive.
Calculating Damages
One essential aspect of trucking accident cases is calculating damages owed. Your attorney can help you through the process by gathering medical documentation, calculating future costs, and determining non-economic damages such as pain and suffering. Working closely with your attorney on this step is critical in ensuring that you receive proper compensation.
Determining Fault
Fault plays a critical role in your truck accident case. Missouri uses pure comparative negligence to determine fault, which means that you can still receive compensation if you were found to be partially at fault for the accident. However, you want to be sure that the evidence you provide helps your case by painting a factual picture of your role in the accident.
Negotiations
Your lawyer can issue a demand letter to the trucking company’s insurance outlining your damages and the amount of compensation you’re seeking. Once fault is assigned to each party, negotiations begin. After working closely with your attorney, insurance will make an initial settlement offer. However, the offer may not cover all of your damages. Your attorney can negotiate with insurance companies in an attempt to raise the settlement offer, which you may choose to accept or refuse.
Understanding Your Options
If negotiations fail, your next option is litigation. Although accepting a settlement is faster and simpler, taking the case to court may be your best option to pursue compensation. Your attorney can advise you along every step of the way and represent you in court. Understanding all of your options is an important part of your truck accident case; the law team at Dreyer & Tinney is here to discuss the details of your case and help you choose the best route for you. Our compassionate team is based right here in Joplin, and we’re ready to fight on your behalf. Contact Dreyer & Tinney today for a free consultation with a member of our law team.