Tuesday, November 24, 2015

What You need to Know if You are Facing a Truck Accident Lawsuit

The disposition of a truck driver is an unfortunate yet pivotal part of a truck accident case or litigation in many circumstances. In fact, many New Mexico truck accident lawyers are in agreement that the disposition is in fact the most integral part of the whole litigation process itself. The result of the disposition is probably the biggest and most influential factor in the entire truck accident lawsuit itself.


Furthermore, the driver’s appearance, behavior, and personality all matters to a wonderful extent since he represents not only himself but also the trucking company that employs him. So how do you go about preparing a truck driver for his or her deposition? We asked some of the top New Mexico truck accidents attorneys and here is a summary of what they had to say.

The Testimony of the Truck Driver

A testimony is when the truck driver provides something in writing or in verbal statements in the courtroom. Every word he says will matter incredibly and he needs to be very well prepped in order to say the right things, at the right time and in the right tone. This is why it is very important to have a testimony prepared for the driver and have him practice it over and over again.

It is also going to be helpful to have a New Mexico truck accident attorney explain the litigation process as a whole to the truck driver and ensure that he understands that what he is going to say is paramount in how the rest of the lawsuit plays out.

Your Lawyer

If you are in this position your legal representative is the boss. They have been through this before. This is why you are paying them. You have to trust them. What you think is the right thing to say may not work in the courtroom. If you want to shoot yourself in the foot, you will ignore your lawyer’s counsel. You can find legal help of this caliber right here: 
http://accident.usattorneys.com/new-mexico/.

Getting the Driver to Learn the Defense Theme

During deliverance of the testimony, the driver will be allowed to speak and so he ought to practice exactly what he is going to say and make sure he does it to perfection. However, this is not enough to cut it. The driver will also be subjected to cross questioning from the relentless prosecution. Therefore, he needs to also be prepared to answer these questions accordingly and in a way that does not jeopardize the defense.

This is why a lawyer will have to work synergistically with the driver to make him understand what the key defense arguments are and to make sure that he sticks to them when questioned by the prosecution. Therefore, the driver needs to learn the defense strategy and also practice answering questions.

This is not to suggest that the defendants will make up or falsify things and manipulate the driver into saying them. The best defense is often the truth. You do not want to be caught in a lie. The defense will only work to make sure that the truth is delivered in the right manner and in the right light so that the jury/judge see their point in case.

In summary, the driver will require at least a week’s worth of preparation before he is ready for his disposition. A New Mexico truck accident lawyer will prove invaluable when it comes to helping the driver in his preparation.

On the other Side

On the flip side, if you are a victim of an errant truck driver, you want them to pay since you have already paid. You need legal help. You can find some of the best truck accident lawyers in the state, and you may even qualify for worker’s compensation, on this site here. The first consultation is normally free. They are not paid until you are paid. If you have a viable case a truck accident lawyer will carry that legal torch for you all the way to the end. 

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