Your chances of winning a truck accident case can vary significantly depending on the case complexity, the available evidence, and the degree of your injuries.
Generally speaking, truck accident cases are more difficult to pursue due to the higher stakes and the trucking company’s legal protections.
However, you can significantly increase your chances of winning your case by hiring a knowledgeable and experienced truck accident lawyer in Charlotte. A truck accident lawyer can manage your documents, represent you during negotiations, and guard against common mistakes that could hurt your chances of success.
The Elements of a Strong Truck Accident Case
The basics of winning a truck accident case are relatively straightforward: You need to prove that the accident caused your injuries and that the truck driver caused the accident through negligence.
In other words, if you have evidence linking your injuries to the accident and proof that it was someone else’s fault, you have a decent chance of winning your claim.
Factors That Affect the Outcome of Your Case
The basic elements of winning a truck accident case are straightforward, but several factors can ultimately impact the outcome:
Availability of Evidence
The single most important factor impacting the outcome of a truck accident case is the quality and availability of evidence. Your case lives and dies based on the evidence, so the more you have, the better.
Federal law requires trucking companies to meticulously record their activity and logistics, so one advantage in truck accident cases is that there tends to be a lot of evidence to draw from. An attorney can request trucking documents like driver qualifications, hours of service logs, and electronic logging device (ELD) data to determine whether negligence contributed to the accident.
Severity of Injuries
Injuries that are severe and require significant medical treatment are generally easier to connect back to the accident. Additionally, severe injuries or injuries that have permanent and life-altering consequences can result in higher settlement amounts.
Degree of Fault
The degree of fault and severity of negligence on the part of the truck driver can affect the chances of winning a truck accident case. Truck drivers or companies that make egregious violations or intentionally skirt regulations are much more likely to be judged liable for injuries.
For example, if a trucking company hired an unqualified driver and deliberately concealed that fact, there is a much higher chance of receiving compensation. The degree of negligence or wrongdoing may also justify the award of punitive damages in some cases.
Attorney’s Negotiating Skills
Your attorney’s experience and negotiating skills can also affect your chances of success. A personal injury lawyer in Charlotte with ample experience will understand the best way to approach truck accident claims and can push back against common tactics insurers use to avoid paying.
How Often Do Truck Accident Cases Go to Trial?
The vast majority of personal injury cases, including truck accident cases, settle before going to trial. Trials are expensive and time-consuming, so both sides generally prefer to settle the case outside of court, if possible.
However, going to trial may be necessary in some cases where a mutually agreeable settlement cannot be reached. The outcome of a trial is generally less certain than insurance negotiations, though the potential monetary award can be significantly higher.
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Common Mistakes That Can Harm Your Chances of Winning
Below are some of the most common mistakes people make that can harm their chances of winning a truck accident case:
- Waiting too long to get started. If you wait too long to file a truck accident claim, the statute of limitations may expire, and you’ll lose your chance to seek damages through legal channels.
- Not getting medical attention. An extremely common reason insurance companies deny claims is a lack of medical evidence, so you need to see a doctor as soon as you can.
- Failing to document the scene. Take photos and video recordings of the accident scene, and get statements from any eyewitnesses.
- Admitting fault to the insurer. You generally shouldn’t talk to the insurance company without a lawyer present, as it’s easy for them to twist innocent statements into admissions of fault.
- Accepting the first offer. Insurance companies often lowball individuals at first, so you should never accept the first settlement offer you receive.
- Not consulting with an attorney. An attorney can help you identify sources of financial compensation and represent you during insurance proceedings and negotiations.
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Contact a Knowledgeable Truck Accident Lawyer
No matter the circumstances of the crash, working with an attorney can drastically impact your chances of winning a truck accident case. CR Legal Team has over 36 years of experience protecting the rights of injured North Carolinians and can help work towards the best possible outcome.
Contact us online or call us by phone today to discuss your truck accident case with our Team.
