Following a truck accident, one of our truck accident attorneys will meet with you in person, over the phone, or via Zoom to learn more about you and your family. We want you to feel comfortable and trust that we have the skill and experience to advocate on your behalf. During the consultation stage, we will gather information from you that we will need to conduct our investigation into the accident quickly and thoroughly. We will also learn more about your goals and what you hope to achieve through your lawsuit.

During the investigation stage, we will begin compiling the information related to the truck accident needed to prosecute your claim. During this stage of the truck accident lawsuit, we gather the information that is available independent of the defendant, such as how the crash occurred, the driving history of the trucker, the safety rating of the trucking company, and where the defendants are located. We also begin gathering information about your injuries and your life to better understand the pain and suffering you are going through and the potential costs associated with the crash. During the investigation stage, we will form a general theory of liability and identify the parties to the lawsuit.

The theory of liability developed during the investigation stage provides the basis of your lawsuit. The first parties to the lawsuit will generally be you as the plaintiff and the truck driver and trucking company as the defendants. Once a lawsuit is filed, the trucker and trucking company must hire a law firm to defend them. This costs money, and the trucking company and its insurers do not want to pay legal fees in a case where they know they will eventually lose at trial. Before a lawsuit is filed, the trucking company does not need a lawyer, so they do not have legal fees, meaning they have no financial incentive to settle the claim.

With the information gained through the investigation stage, we will create a demand for settlement. This demand is a detailed presentation that sets forth the theory of liability and your damage model. The theory of liability walks the defendants through the accident, the wrongful conduct of the truck driver, and evidence that the truck driver was at fault, including witness statements, video footage, police reports, and your own testimony. The damage model walks the defendant through the effects their wrongful conduct has had on your life, including the injuries you have suffered, the cost of medical care received and the cost of future medical care needed, how your injuries have changed your life, the pain and suffering you have endured because of your injuries, and how your injuries have affected others in your life, such as your family and friends. The demand for settlement gives the defendant a picture of what your trial will look like if they do not accept liability and settle your lawsuit for the amount you and our attorneys have determined to be fair and reasonable.

If the trucking company does not accept responsibility and pay our demanded amount, we will continue forward through the discovery process. During this stage, both sides are permitted information unavailable to the other side. For instance, we will take the sworn testimony of the truck driver that caused the accident, as well as corporate representatives from the trucking company responsible for safety and training. During this stage, we learn a great deal about the trucking company and its culture. Often during this stage, we learn of wrongful conduct that was not available during the investigation stage, such as phone records that show the truck driver was using a phone prior to the crash or that the trucking company forced the trucker to drive beyond legal limits. This information is very important because it strengthens our theory of liability and puts significant pressure on the trucking company to settle the lawsuit for the amount we demanded.

Mediation is the first formal opportunity to settle your lawsuit. Mediation is an organized meeting between the lawyers from both parties where a neutral third-party mediator helps the parties reach a decision on settlement. The defendant trucking company will express its reservations about settling for the amount you and our attorneys demanded, and we will express our basis for such a demand. The neutral third-party mediator will help both parties see the other party’s view with the goal of reaching an agreement. With your trial nearing and the risk of a bankrupting verdict, the defendant trucking company is running out of time to accept responsibility and pay the demanded amount. Many cases are settled at mediation or following mediation.

If the trucking company refuses to accept responsibility for the crash and your injuries and damages, we get to take them to trial, where a group of your community has the opportunity to determine the value of your loss. This means we get to ask the jury how much money would fairly compensate you for back pain that has changed every aspect of your life or a facial scar that will have a lifelong effect on your self-esteem and confidence. No one should have to suffer these losses because of someone else’s mistakes, and the defendant trucking company is at risk of bankruptcy, depending on the jury’s decision. Our trucking lawyers will have already taken your case through a mock trial in our courtroom, where a jury from your community will have determined the outcome of the case and placed a value on it. Given our preparation, it is not uncommon for our cases to settle right before trial, during the trial, or prior to the jury returning their verdict once the defendants see how well our attorneys have represented you. It is rare to find defense lawyers that have the trial experience and training that our attorneys have, and there is no substitute for trial experience.