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If you've been involved in an accident with a truck, you may need an experienced lawyer. These kinds of accidents are complicated and require a thorough investigation to determine what caused the accident.
A lawyer for trucking accidents has experience dealing with insurance companies, and is familiar with local laws applicable to your case. They can assist you with forming solid evidence and bring your case to the court, if required.
Negligence
Every driver is required to ensure the safety and security of the other road users. When a driver or trucking company fails to fulfill the performance of this duty, they could be held accountable for any injuries that are caused by their actions.
In order to prevail in a lawsuit involving a trucking accident you must demonstrate that the other party was negligent in a way that directly caused your injury. It's not always simple to prove it, and there are usually many factors you are unable to determine.
The first step is to establish that the negligent party owed legal responsibility to you. In Georgia this means that they were required to exercise normal diligence to safeguard you from harm.
It's important to prove that the other party violated their obligation to act by doing something that they shouldn't have done. It could be a range of things, like driving under the influence of alcohol or drugs or speeding, tailgating, or driving recklessly.
If this happens If this happens, a lawyer can help you establish evidence that the truck driver was negligent in some way. You may then seek compensation for your injuries, which could include medical bills and lost wages.
A truck driver could also be negligent if they do not follow federal regulations. This includes the requirement to take extra precautions on the road and have any damaged or broken parts repaired immediately.
Failure to do these inspections could lead to devastating accidents like the possibility of a jackknife or rollover. This is one of most frequent types of truck driver carelessness.
Trucking companies are also negligent if they hire drivers who do not have the appropriate training and qualifications, maintain their fleets in a way that isn't safe, violate federal safety regulations, or pressure drivers to break these rules.
An experienced attorney will look at all of these aspects and determine the one that is most likely to have caused your accident.
The second factor to determine negligence is to prove the other party was responsible for something that directly caused you injury. In the majority of cases, this is an issue linking the responsible party to an incident that occurred prior to or after the collision. It can be a challenge to prove, particularly in the event that there were several parties involved. A knowledgeable attorney can help.
Damages
The weight of trucks is much higher than smaller passenger vehicles and the force of a collision will usually be more severe. It is crucial to leave enough distance between your vehicle and the truck in case it suddenly slows down or stops unexpectedly. Avoid following trucks too closely, or driving through their blind spots.
If you've been injured as a result of an accident involving a truck you may be entitled to recover damages for the losses. This includes medical bills along with lost wages and other costs associated with the accident.
You could also be entitled to compensation for the emotional and physical pain you've endured as a result of the accident. These damages are harder to quantify, but a trucking accident lawyer may be able provide you with the amount of compensation you require.
Punitive damages can be awarded to pay for your losses. These are awarded when the truck driver or the company has behaved in a reckless or malicious manner to cause your injuries.
Another reason that you may be eligible to receive additional compensation is if the trucking incident was the result of a failure to comply with safety rules. The laws set out a range of standards, like the maximum speed at which commercial trucks can travel and the length of time drivers must rest.
These rules are intended to prevent accidents from occurring and safeguard the public from harm. These rules also ensure that drivers are properly trained, maintained and that their vehicles meet the standards of the industry.
The USDOT and FMCSA regulate the trucking industry, and ensure that the companies adhere to the law. State laws also govern trucking from driver licensing to vehicle inspections.
An attorney for truck accidents can help you determine whether your failure to adhere to these regulations contributed to your injury or death. Additionally, you may be able seek punitive damages, which can be a deterrent for other trucking companies and their drivers.
Regardless of the specifics of your situation, you need to make sure that you're taking all precautions to protect yourself from any trucking collision. This can be done by following the rules of road and leaving enough space between your vehicle and the big rig, and not driving recklessly.
Insurance
If you're injured as a result of a trucking accident, it's likely that you will need to make an insurance claim against the party responsible. You may be able receive compensation for medical bills, lost wages and other costs.
The first thing you should do is determine the exact reason for the accident. This will assist your lawyer figure out who to seek damages from.
A trucking accident could be caused by several different parties which include the trucking company's driver or owner of the cargo, or manufacturers of defective parts. A good lawyer can identify all of these parties and begin pursuing compensation on your behalf.
In Texas trucking companies are required to have liability insurance. Additionally, these businesses must have an insurance policy for self-insured retention, which means that the company will pay for any losses in excess of $250,000 if a lawsuit is filed against them.
As a result, insurance companies typically have a motivation to settle truck accidents as swiftly and efficiently as they can. They are aware that a settlement can prevent negative publicity for trucking companies, which may make them less profitable.
The other big concern with trucking accidents is that there are many people who might be liable for the accident, which makes it difficult to determine who is accountable. There are also different types of insurance in order to cover the cost of the cost of a claim. So, you'll want to make sure you have the correct coverage.
Another factor to consider is that trucking insurance policies generally have higher limits than auto policies do, which can make it more challenging to get a fair payout. The insurance company is more likely to try to lower your compensation.
It's therefore important to not speak to the insurance company until you have met with a trucking accident lawyer. Even if someone appears friendly, it's likely that they are just trying to gather information to minimize their liability in your case.
Expert Consultations
If you or someone you know has been seriously injured in a trucking accident it is essential to have an experienced trucking accident lawyer at your side. These cases are often complex and obtaining compensation from the accountable parties can be a challenge without expert assistance.
A skilled lawyer for trucking accidents will follow the steps necessary to collect evidence and determine how much compensation you might be entitled to. This includes identifying video footage taken by the "black box" of the truck driver, as well as looking over log books, vehicle records, and other documentation.
Expert consultations may also include reviewing a trucking company's hiring practices and safety record. This information could be crucial for your case, as it can provide evidence of negligence that can back your claim for damages.
During an investigation, a skilled trucking accident lawyer will review the scene of the crash as well as the surrounding areas to determine what caused of the incident. This includes gathering witness testimony and analyzing video recordings, photographs of skid marks, fragmented parts from the accident.
The black box of a trucking company will include a variety of information points regarding the truck at the moment of the accident such as how fast it was traveling, what kind of tire pressure it was on and whether brakes were in use. These data points are essential for proving negligence after an accident involving trucks, since they demonstrate the way in which the driver's actions led to the accident.
A seasoned lawyer who has handled trucking accidents will know how to obtain this kind of information from the trucking company. They can determine if the company was following federal regulations or not and, if they did the right thing, what kind of education the drivers received.
Another important aspect to consider is the trucking company's maintenance practices. It is crucial to determine whether the company regularly checked its equipment and trucks. It is also possible to determine whether the trucking company was guilty of any violations, like tickets for speeding or driving while under the influence of drugs.
A lawyer for trucking accidents who is experienced will be able to build an effective case on your behalf, and help you receive the compensation you need. These experts can help you demonstrate your case by providing expert testimony at trial or through settlement.