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Truck Accident Lawyers-Keys to a Successful Claim

Posted On : Sep-23-2011 | seen (268) times | Article Word Count : 1281 |

WE HAVE HELPED OTHERS and WE CAN HELP YOU... A truck accident often results in life altering injuries and the pursuant legal claim can add to the frustration and high stress levels the victim and their family are already experiencing. Dealing with an accident that involves a commercial truck requires working with experienced truck accident lawyers, as these claims are not handled in the same manner as an accident involving two cars.
WE HAVE HELPED OTHERS and WE CAN HELP YOU...
A truck accident often results in life altering injuries and the pursuant legal claim can add to the frustration and high stress levels the victim and their family are already experiencing. Dealing with an accident that involves a commercial truck requires working with experienced truck accident lawyers, as these claims are not handled in the same manner as an accident involving two cars. Part of this is due to the federal oversight of the trucking industry. In this article we hope to dispel some of the confusion surrounding a truck accident lawsuit and will cover common types of truck accidents, causes, injuries, federal oversight of the industry, and most importantly, critical do's and don'ts to help strengthen your claim.
OUR AGGRESSIVE TRUCK ACCIDENT ATTORNEYS WILL FIGHT TO PROTECT YOUR RIGHTS...
Ways in Which Truck Accidents Occur
Most truck accident legal claims involve a passenger car and commercial truck. An 18-wheeler that is carrying a full load can easily weigh more than eighty thousand pounds. In contrast, the typical passenger car weighs around three thousand pounds. It is easy to understand why the truck driver normally does not sustain serious injuries in these accidents; however the driver and passengers of the car are rarely so lucky. Another form of truck car accidents involves a delivery truck and a car. Delivery trucks that have many stops on their daily route have a fairly high accident rate due to the fact they are constantly searching for a location or address and are commonly driving distracted. In fact recent statistics point to the fact that distracted driving causes 3 times more accidents than drunk drivers, which is not surprising to due to the high use of cell phones and texting while driving. Other forms of truck accidents include pedestrian truck accidents, bicycle truck accidents and motorcycle truck accidents. Sometimes these occur when a truck makes an improper turn and the end of the trailer swings over the nearby walkway hitting someone. Also, the pedestrian, bike rider or motorcyclist may end up in a trucker's blind spot. Obviously these types of accidents have a high fatality rate.
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Possible Causes of Truck Accidents
Causes of a truck accident vary widely, but commonly truck driver negligence is a contributing factor in a lawsuit involving a big rig. This can include driving while drunk or under the influence of prescription or illegal drugs, driving while distracted, changing lanes improperly, speeding or driving too fast for present conditions, wide turns, tailgating and driving while overly tired. Federal regulations require all commercial truck drivers to keep a mileage log as their hours of service are limited each day. When a trucking company pays a driver per mile, they are often tempted to record inaccurate information in the log in order to make more money per day. When a professional driver handles a piece of machinery that big and dangerous when they are overly tired, they endanger everyone on the road.
Other causes that do not involve negligence on the part of the driver include parts defects such as a tire blowout or a brake failure, a design defect in the truck, a manufacturing defect, or even lack of proper maintenance on the vehicle. Sometimes the road presents a hazard due to weather conditions, objects in the road, or a poor road surface. In a construction zone, sometimes a visual obstruction can contribute to a crash. When you consider these various causes, it becomes easy to understand why there are often many parties named in a truck accident injury claim. Your truck accident lawyers know exactly where to look to establish ALL liable parties; it is wise to rely on their expertise.
Types of Injuries
Due to the sheer magnitude of heavy metal and machinery in an 18-wheeler, injuries sustained in an accident that involves a huge truck are often very severe or even fatal for the driver and passengers of the car. Bruising, deep lacerations, abrasions, open head injury, traumatic brain injury, closed head injury, concussions, fractures, abdominal trauma, broken bones, crushed chest, limb amputation, and so on are typical results. Such a violent event can also cause post-traumatic stress syndrome for the victims. In most cases the victims of the accident can recover financial compensation for their injuries and losses, as we will cover later in the article.
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Liable Parties
There are many possible liable parties in a truck accident. It could be that the truck driver and trucking company are named, the truck manufacturer, a parts manufacturer, the manufacture or owner of the trailer, a lessee or lessor, the shipper, or even a city, state or federal agency. Even if you believe you may have partial liability in your truck wreck case, you may still be able to receive compensation from other liable parties. Establishing negligence or fault for all possible liable parties is difficult and one of the most important reasons to work with truck accident lawyers.
Federal Oversight of Trucking Industry
The United States Department of Transportation has a division called the Federal Motor Carrier Safety Administration (FMCSA) that oversees the hiring practices, licensing practices and ongoing training of professional truck drivers. A driver who is in direct violation of any of their strict regulations, or the company that may have encouraged his or her behavior, can be held liable for damages if serious injury or death occur as a result. In the event of a truck accident, investigating compliance with these regulations is a key part of a successful claim. Your attorney will look for answers as to whether hours of service regulations were violated and more. One more reason you should count on truck accident lawyers to litigate your claim.
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Tips to Help Strengthen your Personal Injury Claim
First and foremost, do not talk to an insurance agent until you have consulted with an attorney. They are not your friend. While they may be very nice people, they are paid to try to settle cases as quickly as possible for as little as possible for their employers. Insurance agents receive extensive training in regards to interviewing the victims of an accident where their company has liability. Many innocent victims inadvertently hurt their case by being led into statements that don't reflect the whole story. Also, an insurance agent may offer to fix your vehicle right away, which sounds tempting. Many use this ploy to destroy key evidence. Always talk to your attorney before signing any documents or answering questions. They should be in your presence when you give any kind of statement.
Also, if your injuries do not prevent you from doing so, take photos of all aspects of the accident scene. Get pictures of every vehicle involved, debris, road marks or gouges, get witness information and anything else you can think of. As soon as you are able, write down all events surrounding your accident while fresh in your memory. These details can help build a solid legal claim down the road. Pictures speak volumes and experts in recreating an accident scene, expert witnesses, medical experts and more may use your photos to conduct an analysis of what occurred and testify in your behalf if needed. While law enforcement will write up an accident report and take photos, in some cases they miss an important aspect. You can count on the fact the trucking company and other liable parties will have their own team out to investigate and may record things that will only favor their employer.

Article Source : http://www.articleseen.com/Article_Truck Accident Lawyers-Keys to a Successful Claim_85018.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.

Keywords : truck accident, truck accident attorneys,

Category : Reference and Education : Legal

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