Truck accidents happen every day on the road. Some are lucky to walk away with bruises and scratches, while some do not even make it to the hospital. Faulty brakes, drunk drivers, or careless drivers are most of the reasons why we see news on our TV screen about road accidents involving a truck.
These truck accidents can bring up lawsuits against the person at fault for the damage or injury they have inflicted. This is where you need an excellent lawyer. You will need a lawyer who is skilled when it comes to claims concerning your case.
There are two kinds of charges you can file in cases of accidents like this. A civil case is filed for damages to get the compensation you deserve, and a criminal case is for when the driver at fault breaks the law and drives recklessly.
To get a satisfying result from your case, your lawyer must do a great job of winning your claims. To do that, here are some of the things that your lawyer does to handle your case.
Gather Proof
A case is nothing without any proof. Veteran truck accident lawyers from Burch Law Firm always suggest that notes must be made from all the gathered evidence at the place of the scene, or from the person who is involved in the accident.
One example of proof that can be useful is the result of a breathalyzer test conducted on the truck driver to prove that he has been drinking or he was drunk. Another is if the driver has been overspeeding. The lawyer can gather videos from CCTV and dash cameras and submit them as proof.
Gathering proof is an essential part of building your case, so you must choose the best lawyer for the job. The lawyer you will choose must have a long winning number of cases when it comes to truck accidents. It is also convenient if he has handled other accidents that happen on the road like pedestrian accidents, car accidents, or motorcycle accidents.
Prove the Liability of the Driver and His Employer
The lawyer can prove the guilt of the driver by showing that the latter has acted recklessly at the time of the incident. For example, showing evidence he has gathered to prove that the driver was intoxicated or overspeeding when he was driving.
The lawyer can also prove that the employer is also at fault and that the court must also hold him liable for damages because of his vicarious liability.
Vicarious Liability is when an employer is held partly liable for the acts committed by his employee, even if he does not have any involvement in why the accident happened. Also, another way to prove the liability of the employer is to show that he has committed grave negligence in hiring his employee without taking into consideration the latter’s background.
For example, when a person who has a record of consecutive drunk driving incidents is hired by an employer, and this hired employee is applying for a job that involves driving. When the employee commits another drunk driving accident, this is going to be strong evidence against the employer who did not employ the principle of choosing its employees, how great parents would do when they are choosing a nanny for their child.
Amicable Settlement
If you do not want the case to prolong or go to the court where you need to follow certain protocols, your lawyer can settle the incident for you. As long as there are no serious injuries and you are willing, you and the other party can reach an agreement with the help of your lawyer.
Your lawyer can negotiate on your behalf, so he can also inform you of the possible compensation you can get from the other party. He will assure that the agreement is reasonable and just.
You cannot avoid an accident from happening. It happens from time to time, whether you like it or not.
The best way to avoid this is to take precautions and make sure that when you are driving on the road, you have full attention to what is happening. If the accident cannot be avoided, call a great lawyer to settle or sue on your behalf.
Learn more about your part in handling truck accidents here.