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Truck Accident Lawyers-Key Elements to a Successful claim

Posted On : Sep-23-2011 | seen (280) times | Article Word Count : 1442 |

OUR TRUCK ACCIDENT LAWYERS HAVE HELPED OTHERS AND THEY CAN HELP YOU... Since the commercial trucking and transportation industry is regulated by both state and federal governments, dealing with a truck accident can be quite confusing and difficult to litigate.
OUR TRUCK ACCIDENT LAWYERS HAVE HELPED OTHERS AND THEY CAN HELP YOU...
Since the commercial trucking and transportation industry is regulated by both state and federal governments, dealing with a truck accident can be quite confusing and difficult to litigate. Truck accidents are not handled the same way that a car crash is handled, both with the authorities and with the legal process of seeking damages from the responsible party. Over twelve percent of all fatalities on our roads involve a commercial truck. This article was designed to inform people about truck accidents as well as answer some commonly asked questions about this type of accident and the trucking industry as a whole. In some truck wrecks it is clear who is at fault, but for others it may not be as clear. This article will give you several scenarios and explain why the liable parties are at fault as well as give you a good list of things to do and things not to do after you have been involved in a truck accident. Lastly after looking over this information we hope that you will see why hiring truck accident lawyers can be crucial to winning your case and getting the settlement that you deserve.

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Common Accidents Involving a Commercial Truck
As we all know there are many ways in which a truck accident can occur. The most common of these types of accidents is one that involves a commercial truck and a smaller passenger vehicle. Modern safety features in passenger vehicles have never been more advanced, but the truth is a passenger vehicle is simply not designed to handle a collision with a large commercial truck. It is not uncommon for a fully loaded truck to weigh over 80,000 lbs and when it collides with a passenger vehicle averaging only three thousand pounds the results are usually quite devastating. Semi trucks can be quite long, especially when they are hauling double trailers or oversized loads. For a truck this big to turn a corner, it has to take an extremely wide approach. Many times the truck will hit another vehicle on the wide approach or if they do not take the turn wide enough, the trailer may swing up onto the sidewalk, putting pedestrians and cyclists in grave danger. Many delivery trucks are looking for a specific address to deliver their goods; this is quite distracting and is another common cause of a truck accident. It has been suggested that a distracted driver causes three times more accidents than a driver under the influence of drugs or alcohol. Our truck accident lawyers have helped others and they can help you.

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Likely Causes of a Truck Accident Injury
There are many causes of truck accident injuries. Sometimes the cause is the driver of the truck is guilty of a negligent act. Some negligent causes can include breaking the speed limit, traveling at unsafe speeds for the current conditions, distracted driving, following too closely, driving under the influence of drugs or alcohol, and several others. When drivers are on the road they have to carefully log all hours into a log book that is checked by the Department of Transportation. It is not uncommon for drivers to “cheat” the books and not accurately log their hours so they can drive longer and in turn make more money. Semi trucks are very advanced pieces of equipment and have many important systems that can fail. Some of the equipment that can fail includes the brakes, tires, straps or chains that secure the loads and the trailer attachment mechanism. Whether they fail due to a manufacturers defect or because they were not properly inspected and replaced are both important factors in litigating a truck accident and proving guilt.

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Injuries
Not surprisingly the driver of the larger semi truck or commercial vehicle usually suffers the milder injury in a truck accident. The injuries that are associated with a truck accident can range from minor cuts and scrapes to more serious injuries like whiplash, burns, lacerations, broken bones, head injuries, concussions, amputated limbs, serious chest and internal abdominal injuries and in the worst cases, wrongful death. Besides just the physical injuries many suffer from psychological injuries associated with the accident. This is why it is in your best interest to seek the legal representation of truck accident lawyers and let them handle the claims process while you deal with your injuries.
Liable Parties
Most truck drivers work as contract labor for a trucking company and they are usually a separate entity. When the trucking company needs a driver, they will hire them and let them drive their trucks, paying them for their time. In some cases, like a manufacturers defect, the driver of the truck may not be at fault. If the trucking company missed a defective part on one of their trucks and it fails on the road causing an accident, the driver may not be at fault. Instead the trucking company and possibly the manufacturer would be the liable parties. In the case where an unlicensed driver caused a truck accident, it is possible that the driver and the trucking company could be held liable since the trucking company let someone without the proper certifications and training operate one of their vehicles. In some cases the driver owns his own truck and company; this would put all of the guilt on him should he cause a truck accident.

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Overview of the Commercial Trucking Industry
The trucking industry is governed by the United States Department of Transportation. Everything, from the moment a company hires an employee to ongoing training, has to follow a strict set of guidelines and rules set forth by the FMSCA which is a branch of the USDOT. Many of these rules include drug testing, driving tests and licensing, continuing education/training, and many others. For this reason the claims process cannot be handled the same as regular motor vehicle accidents. Ensuring that you have adequate legal representation is very important in a trucking accident. Experienced truck accident lawyers know how bring all of the elements of your truck crash together and make a strong case in your favor. Ensuring that you have adequate legal representation is very important in a trucking accident. Many of the newer trucks have a tell-all “black box” similar to those in airplanes that store information before, during and after a truck crash. The information from this box may contain the info you need to prove negligence on another party. Information like tire pressure, braking distance, and MPH could be all you need to prove your case.

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Do's and Don'ts after a truck accident
Quite often the trucking company's insurance company will try to contact you and settle with you quickly. What the insurance company may be offering you might sound like a lot of money at the time, but if you decide to settle you need to think about all expenses you have incurred as well as expenses and damages that you have yet to suffer. Things like future medical bills, pain and suffering damages, lost wages, future lost wages are just a few of the things to consider. Your best bet is to hire an experienced attorney like a truck accident lawyer.
Obviously your safety and well being are the top priority so be sure to seek medical care if it is needed. There are a few things we recommend doing if you are able to, that can help your case. Keep close and accurate records of the accident, medical bills and any other expenses you may have incurred because of the accident. If you can, write down your account of the accident as soon as possible while it is still fresh in your mind. Take pictures of the scene of the accident if you can. Look for any witnesses and get their information; their testimony later on in the claims process may turn out to be very valuable.
Many times the insurance company will offer to fix your vehicle right away. We recommend not doing this. Sometimes this is used as a cover up to hide or demolish evidence that may be crucial to your claim. Always have your attorney with you or on the phone when speaking to the insurance company; this is in your best interest.

Article Source : http://www.articleseen.com/Article_Truck Accident Lawyers-Key Elements to a Successful claim_85010.aspx

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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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Category : Reference and Education : Legal

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