While truck accident litigation is intended to provide victims with compensation for their losses, there are many myths and misconceptions that often surround this process. If you or someone you know has been involved in a trucking accident, it’s important to understand what’s true and what isn’t about truck accident lawsuits.
Our experienced Cincinnati truck accident attorneys debunk some of the most common myths in this article.
Truck Accident Litigation: What Are the Most Common Myths?
There are many misconceptions about truck accident litigation you can hear. It is important to realize many of these are not true, and rely on information and help from a seasoned attorney.
Here are some of the most common mistaken beliefs.
All Truck Accident Lawsuits Are Long and Drawn Out
One of the most common myths about truck accident litigation is that it is always a long and drawn-out process. While it is true that some truck accident cases can take months or even years to resolve, this is not always the case.
Many truck accident cases are actually resolved relatively quickly, often within a few months.
These Cases Are Expensive
Another common myth about truck accident litigation is that it is always expensive. Most truck accident lawyers will work on a contingency basis, which means they only get paid if you win your case. Additionally, many law firms offer free initial consultations, so you can get an idea of what your case might cost without having to commit to anything.
At Young, Reverman & Mazzei, we offer new clients a free case review and handle accident lawsuits on a no-win, no-fee basis.
All These Lawsuits Are Complicated and Difficult to Win
One of the most damaging myths about truck accident litigation is that it is always complex and difficult to win. This simply isn’t true.
Truck accidents and litigation can be a complicated and confusing process, especially for those who have never been involved in such a case before. But many truck accident cases are quite straightforward and easy to win if you have the right lawyer on your side.
Only the Truck Driver Can Be Held Liable for a Truck Accident
This is not true. In many cases, the trucking company may also be held liable for the accident. This is because the company is responsible for hiring and training the drivers, maintaining the trucks, and ensuring that their drivers comply with regulations.
If an accident was caused by defective truck parts, the manufacturer could be liable for your damages. Overloading is a factor in many truck accidents. In this scenario, you can sue the company that overloaded the truck.
Truck Drivers Are Always At Fault For Accidents
This is not true. While truck drivers may be found at fault in some accidents, there are many other factors that can contribute to a truck accident, such as mechanical failures, weather conditions, and road conditions.
It Is Difficult to Prove That a Truck Driver Was at Fault for an Accident
This is not true. There are many ways to prove that a truck driver was at fault for an accident, such as eyewitness testimony, video footage, and black box data from the truck itself.
Understanding Truck Regulations and Laws
The laws governing truck accidents are complex, and the facts of each case are unique. An experienced truck accident lawyer can help you understand the laws and the facts of your case and determine the best course of action.
Truck accident cases are governed by federal and state laws. Federal law requires that all trucks weighing over 10,000 pounds be registered with the Department of Transportation (DOT). The DOT regulates the trucking industry and sets standards for safety, including hours of service for drivers, vehicle maintenance, and driver training.
State laws governing truck accidents vary, but most states require that trucks be insured for at least $750,000 in liability coverage. This coverage is designed to protect innocent victims who are harmed in truck accidents. If you are involved in a truck accident in Indiana, it is important to contact an experienced lawyer who can help you navigate the complex legal landscape and get the compensation you deserve.
Steps Involved in Filing a Truck Accident Lawsuit
Although every case is different, there are some general steps that are typically involved in truck accident litigation.
Find the Best Legal Representation Possible
The first step is to retain an experienced truck accident lawyer who can evaluate your case and determine whether you have a valid claim. Once you have retained a lawyer, they will begin investigating the facts of your case and gathering evidence to support your claim. This may include obtaining police reports, eyewitness testimony, and medical records.
Gather the Right Evidence
Once your lawyer has gathered enough evidence to support your claim, they will then draft a complaint and file it with the court. The complaint will outline the facts of your case and state the specific damages you are seeking. After the complaint has been filed, the trucking company or their insurance carrier will be served with the complaint and given an opportunity to respond.
Go Through Discovery With Your Attorney
At this point, both sides will engage in discovery, which is the process of exchanging information and documents relevant to the case. Once discovery is complete, both sides will have an opportunity to file motions with the court. These motions can request that certain evidence be excluded or that the case be dismissed altogether.
If no motions are filed or if the motion is denied by the court, then the case will proceed to trial. During the trial, both sides will present their evidence and argue their respective positions before a judge or jury.
Damages Recoverable in Truck Accidents
There are many different types of damages that may be recovered in a truck accident lawsuit. These include both economic and non-economic damages.
Economic damages are those that have a specific monetary value, such as medical bills, lost wages, and property damage. Non-economic damages are more subjective in nature and may include pain and suffering, emotional distress, and loss of enjoyment of life.
In most cases, both economic and non-economic damages will be available to the victim of a truck accident. However, there are some exceptions. For instance, if the truck driver was working for a government entity at the time of the accident, then the victim may only be able to recover economic damages.
It is important to note that not all damages will be recoverable in every case. The availability of certain types of damages will depend on the facts and circumstances surrounding the accident. An experienced truck accident attorney can help you understand what types of damages may be available to you.
Alternatives to Litigation
When it comes to resolving a truck accident case, litigation is not always the best option. There are alternatives to litigation that can be just as effective, if not more so. Here are some of the most common alternatives to litigation.
- Settlement: One of the most common alternatives to litigation is settlement. This is where the parties involved in the accident reach an agreement outside of court. This can be done through negotiation or mediation.
- Arbitration: Another alternative to litigation is arbitration. This is where an impartial third party hears both sides of the case and makes a decision. This decision is binding, which means that both sides have to accept it.
- Trial by judge: A trial by judge is another option that can be used instead of going to court. In this type of trial, a judge hears both sides of the case and makes a decision. This decision is final and cannot be appealed.
- Summary judgment: A summary judgment is a type of judgment that can be made without having a full trial. This happens when one side has clearly won, and the other side does not have any grounds to appeal the decision.
How Can Our Truck Accident Lawyers Help?
If you or a loved one has been involved in a truck accident, you may be feeling overwhelmed and uncertain of what to do next. You may have heard some myths about truck accident litigation that have left you feeling even more confused. At Young, Reverman & Mazzei, we want to help clear up any misconceptions you may have so that you can focus on what’s important – your recovery.
Our experienced truck accident lawyers can help you in a number of ways. We will investigate the accident to determine what happened and who is at fault. We will gather evidence and build a strong case on your behalf. We will negotiate with the insurance companies to get you the compensation you deserve. And if necessary, we will take your case to trial.
You should not have to shoulder the burden of this process alone. Let us help you get the justice and compensation you are entitled to.