Arizona is a conduit for a significant amount of California freight traffic. It acts as a gateway to the west coast and Mexico, making it an essential sector for the trucking industry. While the state provides many geographic advantages, it also has plenty of high-traffic regions within metropolitan areas, making accidents possible. When in a collision, it is crucial to work with an experienced truck accident attorney.
Working with an experienced trucking lawyer means working with a professional who understands the intricacies of your industry. We have extensive experience with freight and transportation law, and as such, can provide several advantages during a lawsuit.
1. A Truck Accident Attorney Should Understand the Law
While many truckers understand most laws and regulations pertaining to the industry, not all will know every single one. It is an attorney’s job to have a comprehensive knowledge of the law so that the client doesn’t have to.
You should feel at ease with your attorney and his or her knowledge. A lawyer should act with confidence, not ego. An excellent way to test an attorney is to ask questions. A knowledgeable and confident attorney should have patience and be able to explain the law in layman’s terms so you understand.
2. A Truck Accident Attorney Should Be Able To Determine Fault
Determining fault is one of the most significant aspects of any case. For a party to be successful, they must prove the other party is mostly or totally at fault for the accident.
A competent truck accident attorney should be capable of examining the evidence and proving fault. In truth, a skilled attorney can likely recover a portion of the damages even if a trucker is partially at fault, depending on the circumstances.
However, the ability to recover damages will often come down to state regulations and laws about liability claims. Some states allow for lawsuits when both parties are somewhat responsible, but others require one party to be wholly or primarily liable.
3. A Truck Accident Attorney Must Be Capable of Identifying Potential Defendants
When figuring out your claim, it is crucial to pinpoint specific defendants. Suing the wrong person will result in not only a lost trial but a blow to your credibility as a plaintiff. An attorney will protect a client’s image by identifying only those defendants with solid liability.
There are several potential defendants in a trucking accident claim: the trucking company, employer, or insurance company. Knowing which defendant to go after is the best way to promise potential success.
However, as with any personal or workplace injury claim, there are no guarantees. Our attorneys will use their years of expertise to determine the parties who share responsibility for your injuries. Then, they will use their superior knowledge in the transportation industry and law to argue the best possible claim, giving you the best opportunity for success.
4. A Truck Accident Attorney Understands the Tools of Discovery
In all court cases, even lawsuits, each party is permitted transparency. The process of transparency in court cases is called discovery.
Discovery is when each side of a case, the plaintiffs and the defendants, disclose all facts and documents about a lawsuit or claim. The disclosure, in essence, provides a fair fight, allowing each party to prepare arguments and rebuttals.
A qualified attorney knows how to use the discovery process and its tools to a client’s advantage. Using tools, such as interrogatories, depositions, and requests for admission, your attorney receives all the facts necessary to argue and potentially win your claim.
Discovery also represents a time when clients and attorneys can get on the same page. While not always intentional, some clients misrepresent the facts of a claim or misremember specific details. Discovery allows an attorney to get ahead of any perceived falsehoods or mistakes before having them aired in court, which can hurt a client’s case.
5. A Truck Accident Attorney Should Be a Master Negotiator
Most personal injury claims are settled outside of a courtroom through settlement negotiations. Negotiations are often better for both sides. The trucking company can protect its reputation and often spend less than if a plaintiff is successful in court. A plaintiff controls the risk, guaranteeing a fair payment without risking it all in court.
While a settlement often works out well for both parties, your lawyer should understand the fair value for your injuries and claim. It is not practical for clients with a solid case to walk away with less than they deserve. Qualified attorneys will understand when they need to push in negotiations, but they also need to be willing to go to trial if necessary.
Ultimately, settlement decisions are up to the client, but an attorney needs to understand how to advise the claimant. In most instances, a client is willing to take an attorney’s advice on whether or not to settle.
As a successful law practice, we understand what is fair in truck accident claims. We do not push our clients in one direction or the other in terms of settlements, but we do make sure they understand the value of their claim. We also make clear when a settlement offer is fair and when it severely misses the mark.
Find a Trusted Truck Accident Attorney
At MDK Law Group, we understand that injuries to truckers are a direct threat to their livelihood. We fight hard to ensure companies and employers are held accountable for their role in an accident and injury and their responsibility to the driver. Truck drivers are vital to logistics and national function, and they deserve only the best.
While no truck accident attorney can make a guarantee against a claim, we do promise always to have your back and to work to secure you the award you deserve. If you are considering filing a lawsuit against your employer or insurance for injuries sustained in a trucking accident, do not hesitate to contact the MDK Law Group for a free consultation. Let’s work together to ensure you have the best claim possible.