As a Memphis truck accident lawyer, I often see that truck accident victims have little idea how long and complicated the process of filing a claim can be. These claims can quickly become very complex, even when the accident seems like a simple and clear-cut case of negligence.
1. In an automobile accident, you are typically dealing with the other motorist or insurance company. Things tend to become very complicated- not to mention crowded – in case of a tractor trailer accident. That’s because these trucks are owned/operated by trucking companies, whose owners will immediately step in to minimize their liability after an accident.
2. It’s also important to understand that while it may be the first time you’ve been involved in an accident with a large truck, the trucking company has very likely had one or more of their drivers involved in such accidents. Companies also have access to extensive legal resources, and you can be sure their lawyers will begin to work to protect the company from liability as quickly as possible.
3. Filing a claim in a tractor trailer accident involves identifying the causes of the accident and determining where responsibility for these lie. This is where things begin to get extremely complicated. A tractor trailer accident could be caused by the negligence of the truck driver, malfunctioning of the truck, a dangerous road and other factors. There may be often more than a single factor involved in the crash, and therefore, there may be more than one party liable for damages. For instance, a malfunctioning truck could be the result of poor truck maintenance, placing the trucking company at liability. If an external maintenance company is responsible for maintenance and repairs, then that company could also be named in a claim.
4. A truck accident claim will involve an in-depth investigation including looking at the trucking history of the truck driver, his record of alcohol or substance abuse, truck maintenance records, the driver’s accident history, the company’s record of drug and alcohol testing, the driver’s log books to determine if he was driving beyond stipulated work hours, and several other factors.
A Memphis truck accident lawyer will be able to conduct the kind of extensive investigations that are necessary to identify the causes of the accident.
