Crashes involving large trucks are more likely to injure the occupants of the other vehicles rather than the truck driver. When drivers and passengers are hurt in trucking accidents, they often face serious injuries, potentially leaving them with lifelong disabilities that can affect their ability to work and provide for themselves and their family members.
For help with an accident, you should always work with an attorney. Our lawyers can review your case and help you know what your claim should be worth so that you are not simply guessing at damages. We can also help you stand up to strong legal teams from insurance companies and trucking companies that will do whatever they can to shut your case down.
For help, contact the truck accident attorneys at Howe Law by calling (844) 876-4357.
When to Contact a Lawyer for Help with a Truck Accident in Smyrna, TN
Victims of accidents involving 18-wheelers can be left with serious injuries. Your priorities after a crash should involve getting the medical attention you need, getting to safety, and gathering evidence of what happened in your accident. After the dust has settled, you should immediately consider calling a lawyer for help.
It is best to contact a truck accident attorney as soon as you can after a crash. This could be in the days after a crash, but certainly do not wait more than a few weeks before calling. The earlier you call us, the sooner we can begin helping you gather evidence, tracking your medical expenses, and helping you document your recovery process. All of this can help build up the evidence in your case and make your claim stronger.
Our lawyers can also help with any first-party insurance benefits or claims you need to make to get immediate payments now to help pay for your medical bills and cover your family while you are out of work.
As far as what kinds of cases need a lawyer, you should never rely on your insurance company or the defendant’s insurance company to have your best interests in mind. In any accident where you faced injuries and the crash was caused by someone else, consider working with a lawyer.
What is Needed to Prove a Truck Accident Injury Case in Smyrna, TN?
To prove that the truck driver was at fault and get you the damages you need, our lawyers will need to prove all four elements of a “negligence” claim. We will need to do this in a way that meets the “burden of proof” for civil injury claims, which we will discuss below. All of this proof comes in the form of evidence, primarily your testimony and photos, along with other evidence we can help you collect.
A “negligence” lawsuit is what is filed in court for most auto accidents. In this case, you claim that the driver or another party caused your injuries by failing to uphold a legal duty they owed you. This violation of a legal duty usually comes in the form of a traffic violation, a regulatory violation, or other unreasonable actions behind the wheel.
In some cases, these four elements of a negligence claim – duty, breach, causation, and damages – are alleged against another party other than the driver. For example, if the trucking company that owned the truck failed to follow required maintenance schedules and an issue with the truck’s equipment caused the crash, the accident could be their fault. Similarly, if the trucking company’s client loaded the cargo improperly or failed to tell the driver it contained hazardous materials, they could be liable for resulting injuries caused by those mistakes and breaches.
Burden of Proof
Injury victims need to prove their case “by a preponderance of the evidence.” This is the burden of proof in most civil cases and means that they need to show it is more likely than not that their claim is true and accurate.
This is not as high as the “beyond a reasonable doubt” standard of criminal cases. However, the burden in this case does fall on the victim to produce evidence and meet this standard. If the victim fails to prove their case to this level, the jury will rule against them.
The proof needed in your case can come in many forms. Some of the strongest evidence in a truck accident case will be your testimony and other witness testimony about what happened. Other more objective evidence is also incredibly helpful, such as photos of the aftermath or video capturing the actual accident (e.g., from security footage or dashcam footage).
The more witnesses you have who can corroborate your claims, the stronger your case. However, the defendant will often produce their own witnesses or testify on their own behalf that your version of events is wrong.
This is where objective evidence can be incredibly helpful. One important piece of evidence specific to truck accident cases is the truck’s “black box” or “event recorder.” These devices are designed to survive a crash and contain information about things like speed and acceleration before a crash. Additionally, accident reconstruction experts can help determine what happened, potentially backing up your claim and shutting down the defense’s version of events.
Damages for Injured Trucking Accident Victims in Smyrna
When you are injured in a truck accident, you should be entitled to claim compensation for any and all economic harms resulting from the crash. This includes things like medical expenses, vehicle repairs, and lost wages at work. You can also get financial compensation for the non-financial harms you face, such as pain and suffering.
Call Our Smyrna, TN Truck Accident Attorneys Today
For help with your crash claim, call Howe Law’s truck accident lawyers at (844) 876-4357 today.