What Is The Timeframe To File A Lawsuit In A Trucking Accident?
It depends in what state the claim arises. Generally speaking, in Kansas, the statute of limitations is two years. In Missouri, the statute of limitations is five years. However, in Missouri, on a claim for a wrongful death, the statute of limitations is three years. So, it shows how it varies from state to state and from claim to claim. That just shows the difference in the time periods. That is another reason why it is important to contact an experienced trucking lawyer as soon as possible not only to preserve evidence but also to get working on the claim immediately to make sure that those time periods do not expire.
The Importance Of Retaining An Experienced Trucking Accident Attorney
The regulations are very detailed and very expansive and many times, a lawyer that does not handle trucking cases would not know what documents to tell the trucking company to preserve much less know what records to ultimately request from the trucking company. If you ended up a lawyer that was not familiar with the trucking industry and trucking regulations documents, they may not know exactly what to look for or how to piece the information together, whether it be driver’s log books, bills of lading or cell phone records and how to piece those things together. Lawyers that have actually worked on trucking cases have a better knowledge of the information and how to use that information to the advantage of the person making the claim.
How Often Are Accident Reconstructionist Used In Trucking Accident Claims?
More often than not! Most wrecks involving trucks where liability is disputed meaning that the trucking company is disputing that they are at fault, and even at times when they acknowledge they are at fault, they will retain an accident reconstructionist separate from the official police personnel so that they have our own boots on the ground and their own eyes looking at the scene, looking at photographs, looking at evidence and determining the vehicle dynamics involved. Accident Reconstructionist witnesses are used very frequently.
How Long Do Trucking Accident Claims Generally Take To Be Resolved?
It certainly varies. The average time is probably twelve to eighteen months for a case to resolve either by way of settlement or a trial. Many times, because of the volume of information and the magnitude of the wreck itself, just combing through the documents and materials takes a considerable amount of time. So generally, the cases last somewhat longer. However, many times, cases are able to get resolved early on if the trucking company discovers that the opposing lawyer knows what he or she is doing, knows what documents to request, how to interpret that data and is able to convince the trucking company or insurance carrier that this case should be resolved quickly and without full-blown litigation.
How Accurate Are Future Projected Medical Costs In A Trucking Accident Claim?
Before we would even recommend a settlement, we make sure that the client in the case, particularly if a catastrophic injury is involved, has seen a doctor or doctors that we have retained to evaluate the client and say, “Listen, this is all of the care and treatment that the client’s going to need in the future.” We would hire a life care planner to look at the recommendations of the health care professionals and put a figure on those future medical costs and those would be included in any settlement or in any demand or in the amount that we sought at trial because we do not want the clients to have these future medical costs hanging over their head. Future medical losses are always included in any settlement or resolution, those potential future medical costs and they are established by experts that do this for their job.
The Potentially Liable Parties In A Trucking Accident
The most common would be the trucking company and the driver. Many times, there are some other potential avenues that just depend on the facts. Sometimes liability can be apportioned to a broker that was involved in the particular load that company was pulling, that is another potential avenue of recovery. Typically, it is the trucking company and the driver.
If The Driver Is An Independent Contractor, How Does That Impact Your Recovery In A Trucking Accident Claim?
It is just another factor to analyze whether the driver is an independent contractor and employer does not change the equation of whether the company or the driver are liable for the injuries and damages from a wreck, you still have claims against both.
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