If you have been injured in a truck accident, you should begin by immediately seeking medical attention so that you can ensure your physical injuries are treated and your potential legal rights protected. Your next important step will be hiring an experienced truck accident attorney with an understanding of the complex field of truck accident law.
The following is an outline of some general steps a Miami truck accident attorney should take during your personal injury case. This is intended as a reference and you may ask your attorney whether these steps are being taken. It is important to note that every case is different and the exact steps taken by your attorney may vary.
Are Truck Accident Lawsuits Different than Car Accident Lawsuits?
Truck accident actions vary significantly from car accident suits in several ways. First, the trucking industry is regulated by numerous federal laws. These laws dictate everything from minimum insurance requirements to mandatory drive hours. It is critical that your attorney has specific experience in truck accident law for this reason alone.
When you retain your truck accident attorney, one of the first steps he or she will take is to preserve the evidence. This is undertaken by filing the lawsuit so that the court’s protections will apply. Next, the attorney should send of “preservation letters,” or your jurisdiction’s equivalent, to the defendant(s). These letters require the parties to preserve relevant evidence until the close of the potential civil trial. This is imperative because trucking companies may destroy vital evidence, including black box data. Should the evidence disappear, you will preserve the right to a spoliation claim by having requested the evidence be preserved.
All evidence must be gathered in order to identify all defendants and establish liability. In some cases, it may be necessary to secure the truck itself because otherwise the truck could be moved and evidence damaged. In other cases, your attorney will attempt to immediately locate the truck so that evidence cannot be manipulated. The truck’s black box data is some of the most important evidence that can make or break your case. All steps need to be taken to preserve and retrieve this data.
Handling the Insurer for You
One of the next steps your attorney will take is creating a policy by which the law firm handles all communication with the insurance company. The truck accident victim should not discuss the accident with the insurer, sign any documents, or make any statements. By putting the attorney in charge, the chances of an accidental misstatement being made are far fewer. Further, your attorney will be in the best position to fight for your maximum recovery. It is vital to remember that the insurance company does not have your best interests at heart, but your attorney always will.
Greenberg Stone and Urbano: Effective Representation for the Victims of Truck Accidents in Miami and Beyond
The Miami Truck Accident Attorneys at Greenberg Stone and Urbano have assisted countless truck accident victims for over 130 collective years. Our firm has an unmatched grasp on the vital steps you must take to win any truck accident case. Our attorneys will zealously fight to see that you obtain compensation for all of your damages, including medical bills, lost wages, pain and suffering, and more. Our dedication to legal excellence has earned us an AV rating from Martindale Hubbell and recognition as one of South Florida’s top firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.