After getting an experienced DC truck accident attorney involved, the investigation is the next thing that must take place, which is one of the most important initial steps that can be taken by the personal injury attorney and firm on behalf of an injured client.
During the investigation, the attorney or attorneys are tasked with obtaining all of the available information from the different investigative agencies and entities, and start to put the picture together of what happened in the accident. They’ll attempt to determine how it happened, who the at-fault parties may be, and which insurance companies will be involved in representing the interests of the different individuals and entities that might be at fault.
For anyone involved in a truck accident, the evidence is one of the most important aspects. So if an attorney is contacted right after an accident takes place they will be able to get an investigator to the scene to collect evidence. If an attorney is not contacted right away, then the evidence will be based on the responding agencies such as the police and medical EMTs both of which the attorney will end up relying on for their investigation.
After this primary information is gathered from the scene of the accident, the investigation proceeds using experts that may have knowledge that can be beneficial to the case. This can include expertise on:
Typically, then the truck that was involved in the accident will be impounded and inspected for any equipment failures or factors which could have led to an equipment failure.
After evidence is collected, certain evidence must also be preserved in order to put forth the best case possible. Evidence preserved from the scene can also be used for future reconstruction purposes, which can then be used to determine speed, distance, and other important information through skidmarks and other physical evidence from the scene.
Preserving all of this evidence ensures that as much information as possible was used to reach the conclusions of what took place during the accident.
After a truck accident attorney gathers all the necessary information, they will send letters of representation to the proper entities and insurance companies, and continue gathering information by securing experts to conduct an independent investigation of the scene and of the equipment and gathering information from the insurance company. This is the part of the investigation where a truck accident attorney will work to uncover the results of the trucking company’s investigation and/or their insurance company’s investigation, and what conclusions they are drawing as to liability.
Regarding the attorney-client relationship at this point in the investigation, it is normally necessary for the truck accident attorney to ensure that his or her client is obtaining the proper medical care. It is crucial that the client follow medical instructions because a case cannot be resolved until all the medical conditions are known, the doctors can determine the outcome of the treatment and whether there will be any need for future care. All of these factors play into the evaluation of the damage claim that will be put forth to the insurance company.
Although it may be a legitimate goal to want to attempt to resolve a case out of court, many times a lawsuit may need to be filed in order to obtain and preserve information. At the same time, while it may be desirable to resolve an accident case short of litigation, there may also be a need to initiate litigation in order to gather materials and information that only can be retrieved by subpoena and other legal processes. This occurs when it is not possible to obtain certain information by another avenue, or when a truck accident attorney needs access to information that only the at-fault party controls, such as their own policies and procedures which do not have to be provided continuously.
