Truck Accidents, Injuries, Lawsuits & Tips
Along with mass torts (such as metal on metal hips, Bair Hugger, IVC filters and Talcum powder cases), the attorneys at TheLawFirm.com focus their practice on major injury traffic accident cases. Unfortunately, major injuries or death are common after a collision between a commercial truck and a passenger vehicle. Even though large trucks are only responsible for a small percentage of injury-causing motor vehicle accidents, trucking accidents typically cause much greater harm than ordinary traffic accidents due to the large size and heavy weight of trucks.
If you have been the victim of an accident between a ‘big rig’ and a passenger car, here are some things you should know.
First, Federal laws and regulations govern the trucking industry. These laws establish certain standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. There are Federal agencies that regulate truck driving (such as the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Every state also has a department of transportation with its own set of trucking regulations.
Second, trucking accidents are usually more complex than a simple automobile accident. The question of liability is ‘broader’ in these cases. In these cases it may be the truck driver who is responsible. But it may also be the owner of the truck or trailer, the person or company that leased the truck or trailer from the owner, the manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident, or even the shipper or loader of the truck's cargo (if it is a case involving improper loading).
As you can imagine each of these players argue among themselves over whose insurance will compensate the victim. There are usually multiple insurance companies involved, each of whom is trying to make sure that you are not fully compensated.
The flip side to this complexity is that, unlike regular automobile accidents, the truck will almost certainly have insurance and have a lot of it. Interstate trucks are required by federal law to carry a certain amount of minimum insurance coverage. In addition to federal laws, there are individual state laws mandating trucks to carry insurance.
For example, a truck carrying only non-hazardous general goods is required to have a minimum of $750,000 in insurance coverage for damage to property or injuries to people.
Any truck that transports HAZMAT goods (excluding any type of explosives) needs to have a minimum insurance cover of $1,000,000, for bodily injury and damage to property.
A commercial truck carrying HAZMAT goods and/or explosives has to have a minimum insurance of $5,000,000 for bodily injury and property destruction.
These are just the federal insurance requirements for trucks. Most states have their own individual insurance cover limits.
Because the insurance limits are so high, truckers and trucking companies have skilled insurance adjusters working for them who will do everything in their power to make you settle for the least amount possible for your truck accident injuries. Contacting an experienced truck accident attorney is the first step in leveling the playing field.
Please contact us at 1(855) 464-0808 or for a free legal evaluation of your claims today!
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Truck Accident Injuries & Tips
TheLawFirm.com concentrates on cases involving major injury. Perhaps the most damaging cases we see are accidents between trucks and passenger cars. If you, or a loved one, has been in an accident involving a big rig and a car, here are five reasons you should contact TheLawFirm.com.
1. You need to preserve your rights:
Because so much is at stake, immediately following an accident, trucking companies may send investigators to determine what happened. Their goal is to blame the collision on the driver of the car, rather than the truck.
The investigators, and the insurance company, may try and get your to make statements or even sign releases. It's important that you do not give any statements or sign any medical or other releases. Don’t fool yourself: the trucking companies have their own lawyers from the very beginning. You should too if you wish to preserve your rights and pursue the maximum amount of compensation you deserve.
2. Multiple laws are involved:
Trucking laws are more complicated than a ‘standard’ auto accident. Both state and federal laws govern truck safety. For example, federal law dictates how much insurance a truck must carry depending on the type of cargo it hauls. Federal law also dictates other safety issues.
On the other hand, State laws govern the rules of the road. Local governments may also come into play.
The attorneys at TheLawFirm.com are versed in all the laws that dictate how trucks operate on the road. Having a lawyer experienced in these complicated cases is the smartest thing you can do following a truck accident.
3. Several parties may be to blame:
It is common in these cases for a lot of finger pointing to occur. While the driver of the truck may be at fault, there are other parties who could be responsible. Did the trucking company maintain the trucks according to state laws? Was the driver on company time? Was the driver a contractor or an employee? Who loaded the truck? Are there any defective items on the truck, such as tires? These questions, and more, frequently arise in these cases
With all these different parties assigning blame to others, it's critical to have a truck accident attorney who knows how to sort it all out and sue the person or company most responsible for your injuries.
4. We know what we are doing:
Not every lawyer concentrates on cases involving serious injury and loss. The law, like medicine, involves many specialties. TheLawFirm.com knows how to obtain the maximum compensation for our clients. Trucking cases are often much more complicated than a simple auto accident because these cases often involve the law from multiple jurisdictions and the parties often blame each other. This means there is often a lot of evidence to gather and examine. For example, TheLawFirm.com may want to look at the following:
• The driver's safety record;
• The driver's sleep log;
• The driver's personnel file
• The driver's phone records (to see if the driver was on the phone at the time of the collision);
• The driver's past training and qualifications;
• The truck's safety record;
• The truck's maintenance records
• Loading manifests;
• Witness statements;
• Police reports;
• Medical records and
• Reports by experts such as accident reconstruction experts.
After a catastrophic injury or death resulting from a trucking accident, it is critical to hire a lawyer who excels at these cases.
5. TheLawFirm.com never asks you for money.
The truck accident lawyers at TheLawFirm.com never ask our clients for money. From the free initial consultation to the costs of your case, we never ask you for money. If we take your case, we work on a contingency basis. This means we don’t get paid if you don’t get paid. We also advance the case costs (such as filing fees, investigations, hiring experts etc.). You only pay these back if you get a settlement or award.
Still have questions? If so, contact us to schedule a free consultation.
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