How To Help A Family Member Pursue Damages For A Semi Truck Accident
The call that you dread the most is a phone call in which a family member is badly injured in a car accident with a semi-truck. Your main focus will be on being there for your loved one and hoping that they fully recover from their injuries. Their medical expenses can be very high, and you will need to do everything you can to make sure that your loved one is compensated for their injuries.
Why You Must Act Now
After the accident, there will be a team sent by the company of the semi-truck driver to remove any evidence that would hurt the driver in a truck accident case. This is because the trucking company will also be held partially responsible for the accident. For example, there might be driver logs that become lost because the truck company acts to make sure that the driving log disappears.
You'll Need a Court Order
If you hire a semi truck accident lawyer immediately, they will be able to obtain a court order for the evidence to be preserved. Then, you will have an easier time negotiating with the truck driver because you will be better able to prove that the driver was negligent and caused the accident.
Several letters to preserve evidence should be sent to the driver, motor carrier, shipper, and any other relevant parties. You may need a temporary restraining order that is meant to protect the truck so it is not tampered with until your case has been resolved. For example, you might need to obtain the black box and you might need to download evidence.
Liability After a Truck Accident
In most cases, a truck accident is the result of negligence. Your truck accident lawyer will be able to use the evidence they have been able to preserve to hold the driver responsible for the accident so that your loved one will then be entitled to compensation for their injuries.
Even if the driver is at fault for the accident, their employer will be liable for the damages your loved one has suffered under comparative negligence. The employer may have failed to perform a background check or might have failed to properly train the truck driver.
When your semi truck accident lawyer is able to prove that the company is responsible, they will then be able to negotiate a settlement that will pay for your loved one's damages. Contact a law firm like Bradley Drendel & Jeanney to learn more.