Truck accidents can be fatal in nature, often resulting in permanent disability for life. The victim needs to depend on the expertise of the lawyer specializing in such cases to get the right sum of compensation at the right time. spot investigations to collect circumstantial evidences are often combined with forensic analysis of broken vehicle parts, blood samples, skid marks and other concrete evidences. Photographs of the spot and the injuries on the victim’s body are used along with the detailed medical reports to prove the liability of the defendant.
Probability of Injurer Proving Not Liable
If there is a delay in the investigation process, the probability of evidence elimination could be high. In such circumstances the defendant may prove the negligence of the injured was the main cause of the accident.
- The process of medical examination to ascertain the seriousness of physical damages caused by the truck accident may take longer time. Relating them to the accident in the absence of strong evidences could prove to be ineffective.
- Existing medical conditions of the victim can be another stumbling block in the path of successful compensation claim. If the defendant is able to get slight hint about conditions like hypertension, diabetes or other physical illnesses, he may claim it as a reason for physical fatigue of the victim while driving. This could be extended to momentary lapse of attention which resulted in collision with the truck.
- When the negligence rule is brought for reference by the defendant lawyer, he may prove that the level of negligence was at least equal on part of the injurer and the injured. This is considered by the “due care” law. If the personal injury lawyer is unable to prove the strict liability, the defendant may get away with negligence liability. This might result in reduced percentage of claims.
Probability of Injurer Proved Liable
- If the truck causing the accident is proved to have maintenance problems, the liability of the accident may rest on the company or the individual who owns the truck. The personal injury lawyer may use that parameter to prove the negligence for regular inspection of the vehicle to detect and eliminate the defective parts.
- Negligence on part of the driver to warn the victim before the imminent collision can be used to prove the liability of the injurer. In such cases the failure of the driver to federal road regulations proves to be a critical point.
- The lawyer can prove the strict liability of the truck driver if he is found to be driving under influence. In such cases the probability of negligence on part of the injured will be pushed aside.
- The injurer can be held for strict liability based on the violation of traffic rules at the time of collision. Circumstantial evidence gathered from the accident spot can prove to be critical in this aspect. Hence the need for speedy investigations before the collided vehicles are moved from the accident spot is very high. Forensic reports and photographs taken at the time of accident can prove to be highly helpful.