You should retain an experienced truck accident lawyer immediately after being injured in a truck collision caused by a negligent truck driver in Roswell or Southeastern New Mexico. If you do not hire an attorney right away, you could make mistakes that might hurt your claim and may be taken advantage of by the insurance company for the trucker and trucking company. Here are five reasons it is in your best interest not to delay getting an attorney who can guide you through the process of filing and settling your claim.
Reason #1: Determine the Cause of the Truck Crash
Truck accidents are very complicated because of the size and weight of a big rig truck and the federal regulations truck drivers and trucking companies must follow to prevent wrecks. Your lawyer would thoroughly investigate the cause of the truck accident to prove that the truck driver and trucking company’s negligence caused your crash. Speeding, distracted driving, intoxication, and drowsy driving are a few common ways truckers cause devasting truck accidents.
Reason #2: Collect Evidence
You must prove the trucker and trucking company’s negligence, the seriousness of your injuries, and the damages you deserve to be entitled to compensation under New Mexico law. You establish this through the use of evidence. It is important to begin collecting the evidence you need right after the truck crash before it is lost or destroyed.
An attorney will know the types of evidence you need to win your case and will collect it for you. Some of the information could be challenging to obtain because the trucking company may have it. They would be unwilling to give it to you unless they are forced to by a lawyer.
There are many types of evidence you could need to prove your claim. Some common types of evidence your lawyer may collect include:
- Police report
- Eyewitness statements
- Photos and videos of the crash
- Truck black box
- In-cab camera
- Trucker’s logbook
- Receipts from the truck driver’s trip
- Trucker’s personnel file
- Cellphone records
- Trucker drug and alcohol testing results
- Maintenance records for the truck
- Medical records
- Paystubs and other documentation for your lost wages claim
Reason #3: Avoid Mistakes
Trying to deal with the insurance company on your own can be very frustrating. You could make mistakes that they could use to try to deny your claim, delay settling your claim, or try to pay you less compensation than you deserve. In addition, the insurance adjuster could try to get you to agree to give a recorded statement, sign a release so they can obtain all your medical records, or convince you to accept a lowball settlement offer.
Reason #4: Negotiate Your Settlement
Your lawyer will take over all communications with the insurance company and negotiate your settlement with them. They will have strategies to defeat the insurance adjuster’s arguments about their liability to pay you or the value of your claim and will fight so that you receive the full value of your claim. You are much more likely to receive the maximum recovery in your settlement if a skilled attorney represents you.
Reason #5: Meet Deadlines and Litigate Your Case
A lawyer will know the statute of limitations, which is the deadline you have to file your case, and will file a lawsuit for you before it expires. They would also sue the trucker and trucking company if their insurance company refuses to offer you a fair settlement. You need an attorney who is not afraid to take your case to a jury trial if necessary and would aggressively litigate your claim.
Were you or a family injured in a truck collision in Roswell or Southeast New Mexico? Our dedicated truck accident lawyers are here to fight for your rights. Schedule your free initial consultation today by calling our Roswell office at 575-300-4000, starting a live chat, or filling out our online form.