Eight million truckers travel across the United States on local access roads and broad interstate highways every day. The trucks they drive play a vital role in the supply chain, keeping store shelves stocked and deliveries on schedule. Unfortunately, that volume of commercial motor vehicles also leads to numerous accidents, accompanied by a commensurate number of injuries and, sadly, fatalities. The Missouri Department of Transportation finds that the number of fatalities from commercial motor vehicle (CMV) accidents in the state has increased since 2020. The devastating aftermath of these accidents often requires help from an experienced truck accident lawyer. The team at Steelman Gaunt Crowley provides answers for how to deal with a truck accident. Call (573) 341-8336 to set up that discussion.
What Is a Truck Accident Lawyer?
A truck accident lawyer works in an area of law known as “tort law.” The Congressional Research Service states that tort law is “concerned with remedying harms” that are precipitated, recklessly or negligently, by “wrongful or injurious actions.” In layman’s terms, these professionals focus on helping their clients seek legal remedies for the personal injuries caused by trucking accidents. In the context of truck accident injuries, a successful tort law case aims to “make whole again” the victim of a trucking accident.
In most cases, as the label “accident” suggests, there is no implication that the at-fault party in this type of personal injury case acted with a deliberate intent to cause harm. More often, a truck accident lawyer will make the case that the at-fault driver acted negligently. When negligence is proven in a truck accident lawsuit, the victim of the truck accident may be entitled to compensation for their losses.
Types of Damages
Generally speaking, one of the first elements that a truck accident lawyer examines is the scope of damages to be sought. Those damages are classified into the following categories:
- Medical expenses (current and future)
- Physical pain and suffering
- Vehicle damage
- Emotional distress
- Lost wages
- Loss of earning capacity
- Wrongful death
After a truck accident, a lawyer determines the appropriate damages and begins building the case.
Investigation and Negotiation
There are many details to sift through in the aftermath of a truck accident. That examination begins with a comprehensive review of the merits of the case. Individuals injured in truck accidents may like to know that many truck accident lawyers work on a contingency basis. That means they will only receive compensation for their work if there is a favorable judgment or settlement for their client. In other words, they will only take on a case if they think they can win that case.
The experienced truck accident lawyers at Steelman Gaunt Crowley work to ensure that each of those elements is secured with clear, documented, logically-presented facts. They also manage the case from start to finish. Here are some specific tasks they will undertake on behalf of their clients:
Gathering the Evidence
After accepting the client’s case, a truck accident lawyer commences the investigation by gathering evidence of the accident. That evidence may involve the following:
- Visiting the accident scene
- Reviewing photographs from the scene of the accident or arranging for new photographs
- Contacting witnesses for statements
- Examining camera footage
- Assessing vehicle damage
- Reviewing the client’s medical reports and related expenses
- Establishing proof of income for the victim
- Gather all the medical reports for current and future recovery
Armed with the list of damages and the various pieces of evidence, a truck accident lawyer builds their case.
Sending Letters of Demand
A demand letter is the first important step in a truck accident lawsuit. That letter is sent to the at-fault party’s insurance company. A demand letter provides a general overview of the facts of the truck accident and presents a demand for compensation in a precise dollar amount, intended to, as the name for this type of demand suggests, compensate for the victim’s damages.
Negotiating With Insurance Companies
The demand letter will usually generate a response. That is when the negotiations begin. Negotiation with insurance companies forms a crucial aspect of the legal services provided by a truck accident lawyer.
The first round of negotiations will often involve an attempt to settle the case before going to trial. Unfortunately, the insurance company adjusters can be adept at resisting payouts and will instead frequently begin with the lowest settlement offer they think might be accepted. Sometimes insurance companies might attempt to make those offers directly to the victims to bypass the victim’s legal counsel. However, an accident victim who has retained an attorney has the option to refer the insurance company’s representative to their legal counsel, and allow the attorney to negotiate on their behalf. This can be advantageous, as truck accident attorneys are usually in a strong position to determine a fair offer.
Taking Legal Action
Many truck accident cases end at the negotiation stage, although many offers and counteroffers may be made before a final settlement is reached. When the negotiations fail to reach an equitable settlement, the next step is to file an official complaint against the at-fault party. The named defendants will then have approximately 30 days to respond.
Initiating Discovery
When a trial is inevitable, a truck accident lawyer will prepare the case by initiating discovery. During the discovery phase, both parties will have the opportunity to collect evidence that supports their case, research case law that might establish precedent for how a court might decide the present case, formulate legal theories that support their interpretation of the facts at hand, identify witnesses and conduct interviews and depositions with those witnesses, draft and file pleadings, and prepare additional discovery requests to collect information from the opposing party.
Providing Representation at Trial
All of the information gathered during the discovery phase leads to the actual presentation at trial. If a case proceeds to trial, the attorney represents their client in court. A seasoned truck accident lawyer thoroughly understands the trial process. They will present their case and cross-examine the evidence submitted by the defense. They will be a supportive and informative guide through the entire trial.
Proving Truck Accident Liability
On the surface, a truck accident may appear simple. However, these types of accidents can become complex when multiple liable parties are involved. There could also be more than one insurance company with which a truck accident attorney must engage. If a truck accident case goes to trial, then a truck accident lawyer must prove the following four elements in order to win an award of compensation for their client:
Duty of Care
The defendant had an obligation to exercise the same duty of care as any other reasonable person would under the same circumstances. In a truck accident, the truck driver needs to be responsible and follow the rules of the road.
Breach of Duty
Did the truck driver fail in their duty of care by acting carelessly? If so, that is a breach of duty.
Causation
Showing that there was a duty of care, and that it was breached, are both necessary components of a successful truck accident case. To secure compensation for their client, however, a truck accident lawyer must do more: They must show that breach of duty –– or negligence –– led to a truck accident and the plaintiff’s injuries.
Damages
What is the total of the financial and non-financial costs that occurred as a result of the accident? The final tally will be used to show the court the amount sought as compensation in the case.
Find a Truck Accident Lawyer in Missouri
A truck accident lawyer must possess exceptional speaking, negotiation, and time management skills and the ability to handle strict deadlines, extensive research, and maintain regular client communication. These are all qualities that the team at Steelman Gaunt Crowley possesses. Call (573) 341-8336 today to set up a consultation with one of our experienced Missouri truck accident lawyers to discuss the merits of your case.
