How Does a Truck Accident Case Work?
After a trucking accident, it’s important to call an attorney so they can evaluate what your options are moving forward. From our initial call, we’ll look for three specific things that we look for in every case to determine if we think that we’re able to help.
If we are able to help, one of the first things we do is investigate. We want to make sure we lock down exactly what happened and why it happened. We do that by getting the driving record of the individual that was involved, making sure we get the logs that show how many hours per week or per day this truck driver was actually working, and talk to police and witnesses.
At that same time, we want to make sure that you’re following up with your doctors appropriately and getting the care that you need.
Once we’ve locked those two things down, we’re likely going to file the case either where it happened or where the driver or the company actually reside.
After that happens, we will get more information from the company and from the driver about what happened and their history through what’s called “Discovery”. There’s oral discovery, in which we take a deposition and ask questions. There is also written discovery, where we get information and past documents that we may not have been privy to prior to filing a lawsuit.
After the discovery phase is completed, what we typically do then is try to mediate the case. If both sides can come to an amicable resolution, the case can be settled without going to trial. Meanwhile, the whole time we’re preparing as if the case is going to trial, because we found that acting like you’re going to trial, preparing as if every single case is going to trial, is what gets these cases resolved before trial. If after mediation we aren’t able to get the case resolved, we gear up, and we’re ready to go and we take it to trial.