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Accidents that involve trucks are some of the most devastating to impact the roads. Not only are these vehicles larger in size but they are also much heavier. Even at a lower speed, these behemoths can cause catastrophic damages and injuries.
If you’re in an accident with a semi-truck, 18-wheeler, tractor trailer, or another large truck, you should know that filing an injury claim isn’t so simple. There are many other factors, such as multiple liable parties, truck insurance, and federal regulations that make these cases among the most complex of all. Therefore, it’s best to hire a truck accident lawyer to help you recover the compensation you deserve.
You might be wondering how a truck accident lawyer can help you in this situation. Read on to learn more about what this legal advocate does in truck accident cases.
What Makes a Truck Accident Lawyer Different?
Truck accident lawyers are different from other personal injury lawyers as they have a detailed understanding of the nuances of trucking laws. They are used to dealing with multiple liable parties, sorting out large trucking insurance policies, and fighting for fair compensation for the victims who have suffered severe, life-altering injuries. Additionally, they are skilled at getting you overlooked types of compensation too.
Since local and federal laws involving trucking can and do change, these things have the potential to impact a truck accident case. A truck accident lawyer will be abreast of any changes and know how to keep an accident victim’s case strong.
Truck accidents differ from car accidents in that the massive size and weight of these vehicles causes more extreme injuries and damages. Some trucks carry hazardous materials that can ignite, causing burn injuries that leave victims disfigured. Even when a truck isn’t carrying something so dangerous, the impact of a crash can cause fuel to ignite or spill hot fluids that cause serious injuries. If you or a loved one were hurt in a truck accident, you should know just how a truck accident lawyer can help you move forward.
What Does a Truck Accident Lawyer Do?
While a truck accident lawyer will do some of the same things any personal injury lawyer would do, they will spend more time delving into the complicating factors of these cases. Separate insurance policies for the tractor, trailer, and driver, for example, can add layers of complications. Similarly, pinpointing all the liable parties and which state and federal laws were violated requires someone that has a deep understanding of how to connect it all and avoid causing issues for your case.
Truck Accident Case Evaluation
After a truck accident, consulting a truck accident lawyer is crucial. They will typically offer a free initial consultation where they can review your claim to determine if it has a chance for success. By reviewing the unique factors at hand and conducting investigations, they will decide if the case has merit and allow you to mull over your legal options.
Investigations
You may have taken some photos or videos after your truck accident, but it’s more than likely that your injuries prevented you from taking these steps. Even if you did manage to capture some evidence, it will not be comprehensive enough to command the right level of compensation.
With a truck accident lawyer, they will visit the crash site, hire private investigators and expert consultants, conduct legal research, and investigate the insurance policies. They will dig into any factors that can help determine fault and use that evidence to leverage a proper settlement.
Conduct Deep Legal Research
While other personal injury attorneys certainly need to research their cases well, trucking accidents require even more intensive efforts. The trucking industry is governed by specific state regulations as well as federal regulations that are set by the Federal Motor Carrier Safety Administration (FMCSA).
Your truck accident lawyer will need to determine whether the truck that caused your accident was only authorized to operate in your state, or whether the carrier operated nationwide. The weight of the truck is another crucial factor, along with checking for violations of other regulations. This is why local expertise can be so valuable; for complex cases in Oregon, for example, the guidance of a specialized Semi Truck Injury Lawyer in Bend can be essential for navigating both state and federal rules.
For example, truck drivers are bound by hours of service (HOS) that requires them to take mandatory rest breaks after a specified time on the road. They also need to have proper training, pass random drug and alcohol tests, and abide by the traffic laws. While the trucker is the one behind the wheel, they may not be the only one violating state and federal regulations, and digging into these issues requires loads of research.
Determine Liability for Your Truck Accident Case
If you’re in a car accident with a fellow motorist in a passenger vehicle and that person causes the accident, they will be the only one liable. In the majority of car accident cases, it comes down to two drivers facing off with liability.
However, for truck accidents, it’s not just the truck driver who may be to blame. While they were behind the wheel and in charge of operating this vehicle, other liable parties may be named in your case. Proving negligence and liability requires showing that you were owed a duty of care, that this duty was breached, and that the accident caused your injuries and damages.
Therefore, your lawsuit may also name the trucking company if research shows that it failed to properly vet its truckers before hiring, allowed them to cheat on their hours of service logs, or skipped inspections and maintenance on the trucks in its fleet. It may come down to the cargo loaders who did not properly secure the load or balance it in the truck to prevent tragedy. Mechanics, truck manufacturers, and parts manufacturers may additionally be liable for your accident.
It is also possible for another driver in a passenger car to have started the whole thing. If another driver cut off a truck on the highway, causing it to jackknife, that driver could also bear liability. In short, trucking accidents have many potential defendants who may owe you compensation, and a truck accident attorney will be the one holding them accountable to ensure you get it.
Communicating with the Defendant and Insurers
Every trucking company must carry the minimum in liability insurance. Since trucking accidents usually involve multiple liable parties, possibly multiple injured parties, and massive medical bills, insurers will often look for ways to shirk responsibility.
The trucking company will have its own legal team and so too will its insurer. They will each be focused on finding the loopholes that will allow them to squeeze on by this without batting an eye, all while you and your family suffer under a mountain of medical bills while contending with lost income, and tons of other ramifications.
When you have a truck accident lawyer, you have someone to call them out on their game. Your attorney will be the one to leverage evidence to negotiate with these parties to get you the compensation needed to cover all of your medical expenses for the injuries caused, including any future medical care needed. They will also fight for your lost wages, property damage, and non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Most of these cases will settle out of court because these entities don’t want the bad press or the added expenses. However, some will continue to play hardball, and when you have an attorney, they’ll be ready to take this game before a judge or jury in the courtroom.
Litigating on Your Behalf
Any good personal injury lawyer or truck accident attorney knows that while trial isn’t always the outcome, preparing for it from the start is the best course of action. If your case goes to trial, your attorney will be there every step of the way in these legal proceedings.
It will be their job to present the evidence, call on witnesses, bring forth experts who can present compelling accident reconstruction, and advocate for a favorable outcome. Most of the time, when trucking companies see how much is at stake, they tend to opt for paying the settlement. Judges as well as juries tend to favor the injured party in these situations, and they also tend to award even more than the requested settlement.
Trucking companies also try to avoid court because their actions become more deeply scrutinized by the press. Not only does it cost more to go to court and have to pay higher compensation but it also gives the court the opportunity to award punitive damages, which can quickly destroy their reputation.
Ultimately, if you are in a truck accident and you have serious or permanent injuries, you should not face your claim or your case on your own. Turning to someone with the proper credentials and experience in trucking accidents will help you get through this traumatic situation. This also allows you to focus on your own health and recovery, which will certainly present many challenges for you. You don’t deserve to suffer simply because a truck driver, their trucking company, or other related entities didn’t take proper care in keeping the roads safe, and a truck accident attorney will see to it that they’re held accountable.
