5 Signs You Have a Strong Truck Accident Claim

December 23, 2019

by Donaldson & Weston

personal injury attorney

If you were hurt in a large truck crash, you may be wondering whether to take legal action. As long as your health insurer is covering your medical bills and your auto insurer is reviewing the necessary vehicle repairs, filing a personal injury claim may seem futile. At the end of the day, though, healthcare expenses and property damage represent a mere fraction of the compensation to which many truck accident victims are entitled.

If you’re unable to work while you recover, for example, you’ll have to find a way to make up for every missed paycheck. There are also non-economic damages like pain and suffering to consider.

If any of the following applies to your case, there’s a good chance that legal action would be worth pursuing:

1. An Arrest Was Made at the Scene

If police arrested the trucker—or another motorist who was involved—for drunk driving, it will only serve to bolster your case. While criminal law proceedings are entirely separate from civil suits, the details of the arrest should help you prove liability and possibly seek punitive damages.

2. There Were Eyewitnesses

If multiple motorists, passengers, and/or pedestrians witnessed the truck accident, their deposition could corroborate your own telling of events. It’s important to obtain the names and phone numbers of all eyewitnesses before leaving the scene.

3. The Opposing Party Is Being Cooperative

If the motor carrier hands over critical evidence like black box data and driver’s logs without resistance, it could put you in a very good position. Your attorney can file a subpoena obtain such evidence if it’s being withheld. Unfortunately, some motor carriers are not above altering or even destroying evidence.

4. You Have Dash Cam Footage of the Accident

If you happened to capture the accident on your dash cam—or one of the motorists in the vicinity captured it on theirs—make a copy of the footage right away and store it in a safe place. If the incident occurred in a relatively developed area, there’s also a chance it was captured by a surveillance system. You’ll have to request a copy of the footage immediately, though, as it may be overwritten after a matter of weeks or even days.

5. You Were Behaving Responsibly When the Crash Occurred

If you were violating the law just before the wreck—perhaps you were speeding, for example, or using a mobile device—it could seriously hurt your chances of recovering compensation. If, on the other hand, you were following all the rules of the road, a liability dispute is less likely.

Call 561-299-3999 to Speak with a Truck Accident Lawyer in West Palm Beach

At Donaldson & Weston, we understand the physical, emotional, and financial devastation that large truck crashes can leave in their wake. If you were hurt in a wreck with a drunk, drowsy, or distracted trucker, let us handle the logistics of your case so you can focus on recovering.

Our valued clients appreciate the resources, commitment, and expertise we bring to their claims, as well as our willingness to work closely with them and to keep them informed at every stage of the proceedings. Call 561-299-3999 or use our Online Contact Form to set up a free consultation with an injury attorney in West Palm Beach.