Tractor-trailer accidents are often times quite serious and the injuries severe, the litigation of a case can be contentious and take a long time to move through the court system. Here are two reasons why:
1. Factually Driven
The size of commercial insurance policies force insurance companies to do their due diligence before paying any type of compensation. A traffic collision report alone may not be enough for an insurance company to accept fault. Attorneys will take depositions of the drivers and any witnesses to determine the facts of the crash. In addition, driving records and maintenance records may play an important part of the case. Further, the attorney will gather information from people within the trucking company.
2. Expertly Driven
Expert witnesses on both sides of the case may need to analyze the facts from the depositions and other propounded discovery to determine liability. Another important fact to remember is that injuries suffered from truck accidents are typically larger and more severe than those from standard accidents. This complicates the cases because expert medical providers may need to testify on the future treatment of the injuries.
Insurance companies are more willing to litigate truck accident cases because of the involvement of experts. The compounding factors that make the cases worth money in general often contribute to this result. Because of this, truck accident cases frequently take a long time to resolve. They are also more likely to go to trial.
Preservation of Evidence
One final note, gathering evidence is paramount in proving a case. All evidence should be kept as it was at the time of the impact. This will assist experts to determine the cause and liability of the collision. Spoliation letters will help with keeping the evidence “as is”. Investigators and experts will collect data and inspect the truck and parts. This needs to happen as quickly as possible so crucial evidence does not disappear.
It is a good idea to contact a truck accident lawyer because you need to hit the ground running on one of these cases. Time is of the essence, especially when it comes to preserving evidence. That would be the preservation of the evidence, inspecting the accident site, taking photos, examination of the truck and other evidence, etc., to build up a case that will get better results.