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How Truck Accident Cases Are Built 

Michael 0

San Jose Truck Accident Lawyer | Law Offices of John J. Garvey, III | Santa  Clara

There are many challenges which truck accident lawyers have when they take on a case, and building one which is strong and packed with convincing evidence is at the heart of it. These lawyers and their legal teams work tirelessly for clients who have been injured by truck accidents. Given the nature and the devastation of truck accidents, many clients have had their lives altered as a result. It is imperative therefore that lawyers build the best case possible in order to win their clients the most amount of compensation, and here is how they build those cases.

Identifying Blame

The first and one of the most challenging steps which lawyers have is to identify who is to blame for the accident. This can be complex because of the fact that there could be a number of liable parties in these kinds of accidents. Lawyers need to know whether it was the responsibility of the driver, the trucking company, they manufacturer or anyone else who was involved in the dealings of the vehicle.

Finding Evidence

The next important step is to find supporting evidence regarding whoever was liable for the accident. This again is a very painstaking process which lawyers must go through, but in finding evidence the case really is won or lost. Evidence will be items such as witness statements, CCTV footage, statements from those involved in the accident and any other crucial information which lawyers can get their hands on which will show where the blame lies. The more evidence and the higher quality evidence that lawyers can find, the better the chances they will have of being victorious in their case.

Using Precedent 

Great legal team will also work on finding precedents from previous cases which they can use to support the current case on which they are working on. Given the sheer volume of trucking cases which occur, there is no way that even the best lawyer would be able to recall how things worked out, or how much was paid out in damages. This however can prove to be very useful in the current case, which is why they will often send someone in their team to lookout for cases from the past which are similar to that which the client has brought them.

Presenting and Negotiating 

In reality the lawyers of the insurance companies already know what the case is worth, but they will still hang on until the prosecution brings up their offer. From here there will be tense negotiations in order for them to reach a settlement for the client. Over 90% of these cases are settled in this way, but negotiations can go on for some time. The reason why these negotiations are tougher than most in personal injury law, is that they are often worth so much more to the insurance company because of the kinds of injuries which we see as a result of trucking accidents.

This is how the lawyers build and present a case after a trucking accident.