After you or a loved one has been in a truck accident, you are probably much more concerned with physical, mental, and emotional recovery than researching and comparing your options for legal representation. You might even be tempted to negotiate a settlement on your own, to accept the insurance company’s initial offer, or to put off making a decision for several weeks, but all of these would ultimately be against your best interest.
It is very important that you quickly hire an attorney who will work hard to advocate for the best outcome for you and your family. However, with all the options out there, it can be overwhelming and worrisome to make a choice, especially in a time of great stress and anxiety. To help you select the best attorney, here is a list of traits and services that you should look for.
Investigates on Your Behalf
A key component of determining liability in a truck accident is the subsequent investigation. Just like with a car accident, the insurance companies will send investigators to determine the cause of the accident. Unlike car accidents, truck insurance can be valued at 50 times a car’s insurance and thus the insurance companies are much more motivated to assign any responsibility elsewhere. Their investigator is not working on your behalf and might come to a conclusion about the accident that severely limits the amount of compensation you would be entitled to. As a Napa County truck accident victim, you need an attorney who will initiate an investigation of the accident on your behalf.
It is also very important that this is done before any of the evidence from the accident is gone. Within just a few hours damaged trucks can be towed hundreds of miles away, making it harder for an independent investigator to exam the truck for evidence. Evidence left behind on the pavement such as skid marks and fluid spills can disappear due to weather or traffic traveling over those spots. Debris, which can be an important source of information, will be moved from the roadway after the accident in order to reopen the roads. As each piece of evidence is removed or disappears, it becomes harder and harder for the victim and their attorney to create an accurate assessment of the accident.
Knowledgeable on FMCSA Rules and Regulations
Created in 2000 as a separate organization within the US Department of Transportation, the Federal Motor Carrier Safety Administration seeks to reduce crashes and fatalities associated with large trucks. To do this, they have created rules and regulations related to maintenance, mandatory driver rest, and vehicle inspections, amongst other things. Liability for an accident could be verified by determining that a trucking company and/or the driver violated the FMCSA regulations. Your attorney should be knowledgeable on these regulations in order to determine if a violation occurred and the effect that will have your liability claim.
Willing to Fight for Fair Compensation
When you or a loved one is offered an initial settlement from a truck company’s insurance carrier, the sum might appear more than generous at first glance. An experienced truck accident attorney would be able to tell you if the settlement is fair or even adequate to cover incurred and future expenses. It is also advisable to speak with an attorney before signing away your rights to petition for any future compensation, a common condition for accepting the offered lump-sum payment.
Finally, some truck accident law firms are exclusively interested in negotiating a settlement and not willing or able to pursue fair compensation for you through the court system, which is sometimes necessary to get the desired outcome. You should ask any prospective attorney about their experience with personal injury court cases and if they expect your case to end with a negotiated settle or a court mandated one.
