Please understand that you have no legal obligation to provide a recorded statement. In fact, it is recommended that you do not consent to be recorded because those statements could be used against you later in the litigation process. If you receive this call, you can politely decline and, if you have retained the services of an attorney, simply direct them to contact your lawyer for additional information.

Proving Negligence in a Commercial Truck Accident Case

Many people mistakenly believe that if a truck operator slams into their vehicle, the truck operator will need to go to court and try to explain their reckless actions. The truth is that, in the context of a personal injury case, the plaintiff (i.e., you) is required to establish liability. To determine liability, you need a skilled Lincoln truck accident lawyer who can show that the truck driver and/or other related defendants owed a duty of care to you. The defendant(s) breached that duty and that breach proximately caused your injuries.

To accomplish this, your lawyer needs to be ready to investigate your accident and collect vital evidence that will form the basis for a persuasive case. Your lawyer will compile investigative reports filed by police, retrieve truck maintenance and repair records during the discovery process, speak to any eyewitnesses, take depositions of the truck operator and other relevant parties, and review logbooks. Other essential data is maintained within most commercial big rigs.

Your Lincoln truck accident lawyer can also retain experts who can support your lost wage claim, especially if your injuries are so extensive that you can never return to work again.

Why Trucking Accident Cases Are Challenging

One of the most publicized truck accident cases recently involved famous comedian Tracy Morgan. He was in a limo bus in New Jersey when it hit a Wal-Mart big rig. The severe wreck involved multiple occupants suffering catastrophic injuries (e.g., Tracy Morgan suffered a traumatic brain injury) and fatalities. According to the New York Daily News, an investigation revealed that the big rig operator was awake for more than 24 hours and fell asleep while behind the wheel. The driver pled guilty to criminal charges stemming from his reckless conduct.

Despite the overwhelming evidence of negligence and carelessness on the part of their employee, Wal-Mart’s defense team tried to argue that Tracy Morgan’s injuries were caused primarily by his failure to properly wear an appropriate “available seat belt restraint device,” according to Deadline.com. This is what large trucking companies do, and they look for anything that can reduce liability on their part and will try to use it to their advantage.

Tracy Morgan’s truck accident injury case continued for another year until the parties ultimately reached a settlement for an undisclosed amount (though some have speculated that the amount was close to $100 million).

As you can see, obtaining a sizeable settlement or verdict is possible against a large commercial trucking company. But you must be prepared to battle complex insurance companies and truck firms. The best way to prepare is by having the best accident attorney on your side. 

The video below explains how long a truck accident lawsuit would take to resolve.