If you have been involved a trucking accident it is important to have a clear understanding of how a trucking accident case will play out. A case truly begins immediately after an accident and continues until the final resolution and awarding of damages, if any.
It is nearly impossible to win a trucking accident case without an attorney to guide you through the filing process and the possibility of a trial. You should look for someone familiar with local laws who can explain the steps that will see your case through from start to finish. Meeting with a New Orleans truck accident lawyer will alleviate the stress involved with a lawsuit and raise the chances of your case being a success.
Commercial Trucking Companies
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
Discovery
Evidence is gathered to support a claim in a process known as discovery. This is the first thing a lawyer will do before filing a lawsuit, as the evidence is used to determine whether damages should be awarded.
An attorney will conduct the investigation and make sure that the evidence is available by the time your case goes to court. They will conduct interviews, check the trucking company records, including the driver's personnel file and qualifications, and gather police reports and accident photos.
Submitting a Letter of Demands and Going through Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
The Trial
Your New Orleans truck accident lawyer will prepare you carefully for your trial. You will probably be required to testify your case.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Having a New Orleans 18 wheeler accident lawyer on your side will provide you with expert guidance throughout the entire trial process. The Lambert Firm's injury attorneys in New Orleans, Louisiana can help. Call today for a free consultation.
