Let’s discuss the steps that we use to investigate a truck accident for the victim which recently resulted in a $6 million settlement.
McKay Law’s Efforts Resulted in a $6 Million Settlement for the Truck Accident Victim
Victims of truck accidents endure severe injuries, high medical costs, agony and suffering, and protracted recovery times. McKay Law truck accident attorneys could assist you in pursuing legal action if you were involved in a truck accident. However, we will need to gather enough proof to show who is at fault.
A recent truck accident case handled by McKay Law involved the client’s wrongful death. In order to assist the family, McKay Law quickly settled the case for $6 million without having to hold a trial.
After a truck accident, you have the right to counsel and representation from an attorney. The experts that reconstruct each incident leading up to the crash collaborate closely with McKay Law. Each specialist is in charge of looking into and examining various internal and external contributing elements.
Investigating Truck Accidents
Truck accident plaintiffs must demonstrate both that the defendant was irresponsible and that their injuries were a direct result of this carelessness in a personal injury case. Trucking accident claims could be more complicated because numerous parties could be at blame. These claims often start with an inquiry into the events leading to the injury or death of our clients by our attorneys and particularly qualified forensic investigators.
To preserve important evidence, forensic investigators must begin their investigation as soon as possible after the incident. Similar to any other motor vehicle accident, investigators search for the accident’s cause, potential at-fault parties, whether drugs or alcohol, malfunctioning or unsafe equipment, driver negligence, and violations of the required trucker rest period all played a role in the crash.
Trucking businesses are required to assist with these investigations in accordance with Title 49 390.15 of the Federal Motor Carrier Safety Administration (FMCSA).
Steps in an Investigation of a Trucking Accident
The following are typically included in the investigation procedure for a trucking accident:
- Gathering evidence may entail filming and taking pictures of the crash site, as well as the damage and wreckage of neighboring buildings and vehicles.
- Analyzing the company’s and the truck driver’s records: looking for possible safety infractions by reviewing the driver’s logbooks, driving history, and personnel records.
- Locating and speaking with witnesses: This step includes finding and speaking with other drivers involved in the collision, emergency personnel, and other witnesses.
- Finding and examining the data recorder on the truck: This is sometimes referred to as the truck’s “black box,” as it records event data in some commercial trucks.
- Consulting with professionals: To support claims, forensic toxicologists, medical professionals, life care specialists, and experts in crash reconstruction are available.
- Truck inspection: It can be determined if there is an equipment failure or fault by inspecting the truck. It can also be useful in determining the mechanical condition of the car.
Liability in a truck accident may be determined with the use of these investigations.
Investigating a Truck Driver: What to Know
Immediately after a trucking collision, law enforcement officers interview witnesses and look into the truck. The driver’s investigation is another essential step that must be taken. That investigation may uncover information that would not have been known otherwise.
Investigating the truck driver also entails figuring out what might have caused the collision:
Design problems, defective truck parts, careless hiring practices, careless management, careless truck drivers, poor vehicle maintenance, and unreasonable or risky delivery requirements are just a few examples.
Too many truck drivers drive while they are fatigued. Accidents consequently happen. The FMCSA imposes hours-of-service limitations to stop truck drivers from operating their vehicles while they are sleepy, fatigued, or exhausted.
Investigating a Truck Accident Incorrectly
There are several inappropriate approaches to investigate a truck accident, therefore it’s crucial to enlist the assistance of a knowledgeable law firm. Many truck accident lawyers disregard how crucial it is to obtain and preserve evidence as soon as possible in order to establish liability in an accident claim.
Some lawyers may choose to base their arguments only on the police report without conducting any further research. It can be problematic to rely only on a police report as evidence in civil lawsuit since it may not be sufficient. Police reports are not intended to be used to prove fault in civil court. Compared to other types of evidence, they may be insufficient and erroneous.
Truck Accident Attorneys With Experience Know What To Look For
Finding a truck accident lawyer with a lot of expertise and a track record of success is essential when making your choice. When looking into an accident, an experienced truck accident lawyer knows just what to look for.
They will also be highly aware of the strategies employed by trucking businesses to win legal battles. They’ll be aware of what it takes to successfully take on a significant transportation company.
Trucking Companies Face Higher Requirements
Understanding the laws that control a trucking company’s or a truck driver’s operations is essential when looking for evidence to use against them after an accident. These big vehicles are subjected to a considerably higher degree of safety than other vehicles on the road because of the risks they pose.
The FMCSA lays forth a number of guidelines that anyone working in the transportation sector must follow, including standards governing drug and alcohol testing. Any infractions will be more easily identified if you have a lawyer who is knowledgeable about all the rules that trucking businesses must follow.
To boost efficiency, several transportation businesses try to break the law. Intentional safety standard violations might get businesses in trouble and aid accident victims in obtaining significant compensation.
Taking The Driver and the Trucking Company to Task
Immediately following an accident, a lot of trucking companies and their insurance providers perform an impartial inquiry. You can challenge their findings and go deeper into the driver and trucking company’s accident, inspection, maintenance, and employment processes by conducting your own investigation with your attorney.
You can support your claim if you discover regulatory infractions. Your research may reveal that the trucker or the trucking firm was not just negligent but also reckless and showed a disdain for the safety of other drivers. Gaining as much knowledge as you can is advantageous.
Damages From a Truck Accident That Are Recoverable
Following an accident, victims and their families experience both short-term and long-term effects. A truck accident attorney can diligently pursue damages on your behalf, including:
- Emotional distress
- Loss of consortium
- Loss of normal life
- Lost wages or disability
- Medical bills and other expenses because we recognize the gravity of the situation and the need to pay for costs.
- Anguish and distress
Using a Truck Accident Attorney Like McKay Law
Each truck accident is unique. And as a result, it can be required to have legal competence. There are numerous additional aspects of a successful case that recovers the most damages that attorneys must concentrate on in addition to completing a comprehensive investigation. These elements consist of:
- Their comprehension of how to gather and maintain evidence;
- Their search for evidence that trucking firms generally “lose;”
- Their awareness of the types of recoverable damages that are possible.
Victims of truck accidents endure severe injuries, high medical costs, agony and suffering, and protracted recovery times. A lawyer would be able to assist you in pursuing legal action if you were involved in a truck accident. But first, your attorney will need to gather enough proof to establish who is at fault.
After a truck accident, you have the right to counsel and representation from an attorney. The experts that reconstruct each incident leading up to the crash collaborate closely with McKay Law. Each specialist is in charge of looking into and examining various internal and external contributing elements.
While you might weigh your options, talking to a truck accident lawyer is the first of many steps you should take. Working with an experienced truck accident legal team means they are using every possible resource to build your case. That involves making sure every truck accident investigation conducted is done on time and correctly.
Contact McKay Law today to schedule a free case evaluation. Our team of truck accident lawyers will review your case and advise you of all your legal options going forward. We have a proven track record of taking on big trucking companies and getting favorable results for our clients.
