Potential setbacks in a truck accident lawsuit include disputes over fault, limited access to critical evidence, and insurance company tactics that limit compensation claims. Truck accident lawsuits often revolve around a lack of knowledge of federal regulations and trucking companies’ actions to restrict access to critical data.
Consider working with our knowledgable Jackson truck accident lawyer to minimize the impact these concerns can have on your case.
Difficulty Proving Fault and Liability
A potential setback in a truck accident lawsuit is the difficulty of clearly assigning fault. Insurance companies will question fault and try to shift blame to the other parties involved rather than the truck driver. In addition, it is common for more than one party to be at fault. This might include:
- Trucking companies
- Truck drivers
- Cargo loading companies
- Maintenance providers
- Manufacturers
As a result, it is common for insurance companies to try to shift blame. To overcome this challenge, your truck accident lawyer will need to capture as much evidence as possible to build an evidence-backed claim.
Access to Critical Evidence
Most truck accidents result from violations of federal truck regulations, and when this happens, it can lead to costly financial losses for victims. Federal regulations cover areas such as:
- Hours of service records, demonstrating drivers were overworked or not given the necessary time off between shifts
- Vehicle maintenance records that may indicate oversights or a lack of proper maintenance
- Cargo management logs that show the vehicle was overfilled or improperly filled
- Dash camera footage that shows the truck driver’s actions prior to the accident
- Medical records that indicate the truck driver was in good condition to operate
Many of these critical details simply are not available to the general public, and if you do not know how to pursue them, you may find it hard to prove your case. Your truck accident lawyer will work to capture all evidence applicable in your case.
Shared Negligence
In some situations, the truck driver is not the only party at fault. If you, as the victim, shared in some percentage of fault, that could impact your right to recover damages. These laws differ by state.
For example, in Mississippi, a pure comparative negligence doctrine applies, which means that if you are partially at fault, you can still seek compensation for your losses from the other party. However, your damages will be reduced by the percentage of fault attributed to you. Proving no fault is ideal, but when that is not possible, reducing the percentage of fault is also critical.
Complex Medical Care Needs
Some truck accidents result in serious injuries and catastrophic losses. It may not be possible to know the extent of your injuries and whether you will recover for some time. This can delay the truck accident lawsuit process. In situations where your injuries are substantial, filing a claim and settling too soon could mean you do not receive fair compensation.
Your attorney must work to determine when the ideal time to seek a claim is to fully understand your current and long-term financial implications. Getting this right can protect your ability to recover damages you need to sustain your life.
Set Up a Consultation to Discuss Your Case
With the risks you face in serious accidents, hiring an attorney is often beneficial. Your attorney may help you avoid some of these potential setbacks and move your truck accident lawsuit along faster.