The Mn Criminal Defense, Personal Injury & Family Law Blog
How Do Hutchinson, MN Lawyers Resolve Truck Crash Claims?
April 27, 2020
An 80,000-pound vehicle, which is the maximum semi-truck weight, traveling at 60mph brings an immeasurable amount of force to bear in a crash. So, it’s little wonder that truck accidents often cause spine injuries and other catastrophic wounds. The medical bills alone in these cases often exceed $4 million.
Frequently, health insurance companies refuse to pay these costs. Insurance adjusters know that truck accident victims are experiencing financial distress, so they often relentlessly pressure these victims to settle their cases. The offer might be tempting, but victims simply have no way of knowing if the offer is fair or not.
So, a Hutchinson, MN lawyer works diligently to resolve these cases and make sure the victim’s medical bills get paid. Attorneys also address vehicle replacement and other concerns. Every case is different, but they all follow the same general outline.
Successful negligence claims usually begin with evidence collection. The victim/plaintiff must establish liability by a preponderance of the evidence (more likely than not). To expedite this process, many Hutchinson, MN lawyers partner with private investigators and other professionals.
Some evidence, such as the police accident report and medical bills, is rather easy to obtain. Generally, attorneys can secure this evidence after just a few phone calls. Then, the accident evaluation process can begin.
Other evidence is much more difficult to obtain. That’s especially true of critical electronic evidence, like the Event Data Recorder. These durable, high-tech gadgets usually survive even the most catastrophic truck wrecks. EDRs measure and record information like:
Brake application, and
To obtain this evidence, Hutchinson, MN lawyers must overcome a number of legal and technical hurdles. Minnesota has very strict vehicle information privacy laws. So, attorneys usually need court order to use EDR information in court. Additionally, these devices are extremely sophisticated. A Hutchinson, MN lawyer needs a lot more than a screwdriver and a laptop to access and download EDR data.
Hutchinson, MN Lawyers and Legal Issues
The evidence in a truck crash claim is like the colored squares of an unsolved Rubik’s cube. Until an attorney twists the cube the right way and puts the colors together, they are just a jumbled mess.
Usually, truck crash twists involve ordinary negligence or negligence per se. Ordinary negligence is a lack of care, and negligence per se is the violation of a safety statute. Distracted driving is a good example of the difference between these two doctrines. Minnesota law prohibits any use of a hand-held device. But other distracted driving behaviors, such as using a hands-free phone while driving, are just as dangerous. So, a distracted driving claim could involve either of these theories. Insurance company defenses, like comparative fault, also come into play here.
A few other truck crash claims involve dangerous products, like defective tires. Generally, manufacturers are liable for defective product injuries as a matter of law. Negligence, or lack thereof, is largely irrelevant.
Almost all negligence cases settle out of court. These settlements reduce litigation costs, bring about closure, and give the parties more control over the outcome.
After the evidence collection and legal evaluation processes are complete, Hutchinson, MN lawyers usually open settlement negotiations with the insurance company. First, attorneys usually send demand letters. These letters demand a sum of money in exchange for a liability waiver. To calculate noneconomic losses, most attorneys multiply the economic losses by two, three, or four, depending on the facts of the case.
If liability is clear, insurance companies have a legal duty to settle the claim straightaway. However, mostly because of the aforementioned insurance company defenses, liability is usually not crystal-clear. So, to put additional pressure on the insurance company to settle the case, most Hutchinson, MN lawyers file legal paperwork in court.
Generally, insurance company lawyers file procedural motions asking the judge to throw the case out of court. However, if a Hutchinson, MN lawyer was diligent during the evidence collection and legal evaluation process, these motions hardly ever succeed.
If the parties are unable to resolve the case on their own, most McLeod County judges appoint mediators. These individuals meet with both sides and try to facilitate a settlement. Assuming both parties negotiate in good faith, which means they are willing to make compromises to reach an agreement, mediation is usually successful.
Connect with a Hard-Hitting Attorney
Truck crash claims usually settle out of court and on victim-friendly terms. For a free consultation with an experienced Hutchinson, MN lawyer, contact Carlson & Jones, P.A. The sooner you call us, the sooner we start working for you.