What Does a Truck Accident Lawyer Do?

What does a truck accident lawyer do? A truck accident lawyer will advise you of your rights, find evidence to support your claim, investigate your losses, and much more. 

There are several other steps a Rhode Island truck accident lawyer will take, including the following.

Provide You With Insight Into Your Rights

One of the most important steps a truck accident lawyer will take is educating you, the victim, about your rights in such an accident. This is critical, as there is no other party on your side throughout this process. The insurance companies, the police, or the court are not there to help you recover damages owed to you. Your attorney will educate you about your rights related to:

• Holding the truck driver accountable by proving they are at fault in the accident
• Your right to fair compensation, by outlining all types of losses you have
• Ensure the insurance company treats you fairly and abides by the laws of good faith

Victims need to understand their rights before filing a claim. Once you agree to a claim, you cannot seek additional funds. Your Rhode Island personal injury lawyer works to minimize the risk that you do not get the fair compensation owed to you.

A Truck Accident Lawyer Finds Evidence to Determine Fault

Your lawyer will complete an investigation into what occurred in your accident. This typically goes beyond what the police do at the time of the accident. Your attorney seeks evidence from any party that contributed to your injuries and losses, which could include the truck driver, trucking company, third-party provider, or manufacturer. To do this, the truck accident attorney will seek evidence such as:

• Commercial truck logs that document the truck’s movements before the accident
• Medical records from drivers to determine intoxication or fitness to be behind the wheel
• Truck maintenance logs that indicate if the vehicle was properly maintained
• Documentation that the truck driver had the required breaks and time off between shifts as required under the Hours of Service federal laws
• Accident reconstruction support and expert testimony about what occurred based on the evidence at the scene

Evidence helps show that more than one party could be held accountable. If that is the case, it extends the amount of compensation available to you to claim, based on your losses. This is particularly crucial in serious accidents involving significant injuries.

Investigate All Losses You Have as the Victim

Your attorney will gather information through comprehensive research and speak to you, your doctors, and your family about your losses. This includes seeking evidence of both economic and non-economic losses. Some of the types of documentation the truck accident attorney will seek to build your claim include:

• All medical bills and expenses you had
• Demonstrations of the amount of time you missed at work, including losses to retirement contributions and bonuses
• Estimates for repair or replacement of your vehicle or other lost assets
• Documentation of pain and suffering based on the severity of your injuries and statements from others
• Mental health complication-related costs, including treatment for PTSD and anxiety
• Statements from your employer that you can no longer do your job
• Statements from your doctor about the limitations on your health and quality of life as a result of lasting injuries

This type of data substantiates what happened to you and how it is impacting your health, mental well-being, and your future. Even in non-economic damage claims, the more information and evidence the insurance company receives to demonstrate your losses, the harder it is for them to refute your claim. Your attorney’s job is to maximize your claim.

Negotiate with the Insurance Company for Your Losses

A truck accident lawyer will handle all communication between the victim and the insurance company, representing the truck driver and the company. This includes presenting the claim and answering any questions about it. Your lawyer works to demonstrate exactly what your rights are and holds the insurance company to its financial obligation.

Negotiations with truck accident insurance companies are complex for many reasons. There is quite a bit on the line for the insurance company and the trucking organization, especially if there are violations of state or federal law. The insurance company will do all it can to demonstrate that they do not owe you money to minimize those risks.

With effective negotiation strategies, most truck accident claims result in a settlement, meaning the insurance company agrees to pay you fair compensation. This is some time, although your attorney remains by your side, working to ensure proper communication throughout the process. You can rest assured that the insurance company will take the attorney’s claims seriously.

File a Lawsuit When There Is a Need

Most cases settle out of court, but with so much on the line, truck companies may delay long enough to force your lawyer to file a lawsuit. Note that the statute of limitations (RI Gen. Laws § 9-1-14) related to truck accident claims in Rhode Island is three years. Your attorney will file a lawsuit within that statute of limitations if the insurance company is not treating you fairly.

Filing a lawsuit is a legal process with very strict requirements, standards, and timelines that must be met. Your lawyer ensures it is done properly, handles questions from the at-fault party, and represents you throughout the discovery process. At this point, it is still possible for the insurance company to settle with you.

If the insurance company fails to settle, your lawyer goes to court to represent you throughout the trial. They work closely with you to prepare you for the questions you will have to face and work to develop any additional evidence necessary to support your claims. Review our frequently asked questions to learn more.

There Is No Cost for Speaking to an Attorney

To learn more about what a Rhode Island truck accident lawyer will do for you, set up a free consultation with a member of the Gemma Law Firm team to discuss your case.

Learn how they can help you get the results you need.