Truck Accident Lawyers-Key Element to a Successful Claim
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Posted On :
Sep-23-2011
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Article Word Count :
1310
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A truck accident cases can be quite confusing due to the fact the trucking industry is regulated by state and federal mandates, so the legal claim is handled in a different manner that an accident involving two passenger cars. One of every eight motor vehicle fatalities is a result of an accident involving a commercial truck.
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A truck accident cases can be quite confusing due to the fact the trucking industry is regulated by state and federal mandates, so the legal claim is handled in a different manner that an accident involving two passenger cars. One of every eight motor vehicle fatalities is a result of an accident involving a commercial truck. In this article we will answer common questions surrounding truck accidents such as types of accidents, causes, types of injuries, and truck industry regulation. Most importantly we will cover all possible liable parties in a truck wreck and critical do's and don'ts for victims of truck accident injury. It will soon be very apparent as to why you should consult with truck accident lawyers very early in your case.
Types of Accidents that Involve a Commercial Truck
There are a variety of scenarios in which a truck accident can take place. The one that occurs most often involves a passenger car and a commercial truck. The results are most often devastating as a truck that is fully loaded can easily weigh over eighty thousand pounds, while a car's average weight is three thousand pounds. A truck pedestrian accident can occur when a semi truck has to turn a corner and does not have room to swing wide. The back end of the truck can swing up on the sidewalk and a pedestrian can end up in the trucker's blind spot and get hit. Truck bicycle accidents and truck motorcycle accidents can occur in the same manner. Delivery truck accidents frequently occur due to the fact the driver is often distracted as they search for an address or location. In fact distracted driving causes three times more accidents that a drunk driver.
Common Causes of Truck Accident Injury
Causes vary widely, but sometimes it involves truck driver negligence. This can include, but is not limited to driving while fatigued, driving over the speed limit, driving too fast for conditions, road rage incidents, taking a turn too wide, driving while drunk or under the influence of drugs, tailgating and more. Texting while driving, cell phone use and even reading while driving are some of the biggest truck driver negligence contributing factors. Other causes include equipment defects such as a brake failure, tire blowout, design defect, lack of regular maintenance, manufacturer defect, etc. A road hazard may contribute to the wreck as well and might involve a huge pothole in the road, an object in the road, poor weather conditions, a visual obstruction, construction zone issues, etc. A sad reality is that many commercial truck drivers cheat on the number of miles driven per day on their federally mandated mileage logs. Some companies pay them by the mile, and in order to bring home a bigger paycheck they drive while exhausted, endangering us all.
Injuries
In most scenarios the driver of the big rig does not sustain serious injury; not so for the passengers and driver of the car. Injuries that are sustained in a truck accident can vary widely, but many are life changing due to the enormity of an 18-wheeler compared to a passenger car. Fractures, lacerations, broken bones, facial trauma, chest compression trauma, spinal injuries, neck and back injuries, abdominal trauma paralysis, closed head injury, open head injury, concussions and TBI (traumatic brain injury), limb amputations, and even wrongful death. These injuries are emotionally, physically and financially draining, which is why it is critical to let truck accident lawyers handle the legal claim in your behalf. It takes knowledge and skill to go up against these large trucking companies and their legal teams.
Multiple Parties that may have Liability
When a truck accident results in serious injury and wrongful death, both the trucking company and commercial truck driver may have liability. Also, depending on the cause of the accident, the truck wreck lawsuit might name the driver, trucking company, truck manufacturer, parts manufacturer, the company that owns the load being hauled, the owner of the trailer the semi is pulling, an independent owner operator, a government entity in charge of maintaining roads and more. As you can see, it's takes extensive investigation and work to determine all possible parties to the lawsuit. One more reason you should work with truck accident lawyers.
WE DO NOT ALLOW INSURANCE AGENTS TO MANIPULATE OUR CLIENTS...
Oversight of the Trucking Industry
The FMCSA, the Federal Motor Carrier Safety Administration which is a division of the U.S. Department of Transportation, has stringent guidelines in place which govern the commercial trucking industry. These guidelines include the hiring process, licensing process and regulation of required ongoing training for commercial truck drivers and this federal oversight is why truck accident claims are handled differently than an accident involving two cars. Working with a personal injury law firm who has experience litigating truck accident claims is critical, as they know where to look and how to bring all parties to the table.
An interesting side note is that many commercial trucks now have a "black box" on board. This piece of equipment is much like those used in the airline industry in commercial airplanes. They record RPMs, braking distances, the speed of the truck at the time of the accident and more. If fault appears to be on the side of the truck driver and trucking company, they will not voluntarily provide the data. A knowledgeable attorney knows how to gain access to the information, which can help solidify your case.
Important DO's and DON'Ts Following an Accident
Many unsuspecting accident victims hurt their case unknowingly. Insurance agents are trained to try to get statements from a victim immediately after an accident and are skilled interrogators in their line of questioning trying to sway things in their favor. Do not talk to any insurance agent until you have first spoken to truck accident lawyers who will not allow you to be manipulated and will protect your rights. Recording all information that you can recollect immediately after your truck accident can help strengthen your case. If you are physically capable, get pictures of every vehicle that was involved in the accident from several angles, debris that resulted from the wreck, witness information, road gouges and tire skid marks, etc. We realize that in many cases this is impossible due to serious injuries that have been sustained, but at the first opportunity, write down everything you can recall. Law enforcement will also document the scene and your attorney will use their police reports, but they may overlook something important. If it all possible, call our truck wreck attorneys on the day of your accident as they will send a team to the site to investigate on their own. Rest assured that the trucking company will be sending out their own team of investigators to try to documents items that could point fault in your direction.
Another important tip to keep in mind is to not accept an insurance agent's offer to get your vehicle fixed right away. Sometimes they use this ploy to destroy critical evidence in the case. While their efforts may appear to be based on goodwill, this is not always the case. Never talk to an insurance agent without you attorney present...
The most important piece of advice we can give you, is that a truck accident personal injury lawsuit needs to be left in the hands of skilled truck accident lawyers . Call today for a FREE consultation on your case and a recommended course of legal action. They will answer all of your questions and discuss what possible types and amounts of recovery you might be looking at, and more. They need to get to work as soon as possible after an accident, in order to protect your rights and build a solid case.
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Article Source :
http://www.articleseen.com/Article_Truck Accident Lawyers-Key Element to a Successful Claim_84985.aspx
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Author Resource :
The Elite Lawyer Project personal injury lawyers have extensive experience in helping victims of a personal injury accident.Call 877-382-1188 today to speak to our personal injury associates for a free case review.
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Keywords :
truck accident, truck accident attorneys,
Category :
Reference and Education
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Legal
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