Depending on the severity of your accident, you may be able to file a lawsuit against the trucker and his or her employer. But you also need to be aware that the trucking company and their insurance company may try to pressure you into paying less than you deserve.
Commercial Truck Accidents Are More Complex Than Conventional Car Accidents
Unlike conventional car accidents, commercial truck accidents can cause serious injuries or even death. They can also lead to significant property damage.
Commercial trucks are much more difficult to control than passenger vehicles. Because of their size, they can cause serious accidents, especially during inclement weather. Their weight also makes them prone to rollover accidents.
There are many things to know about truck accidents, especially when it comes to liability. In the United States, a whopping 510,000 big truck crashes occurred in 2019. In addition, many of these accidents are due to recklessness or negligence.
The best way to ensure you get the compensation you deserve after a truck accident is to hire an experienced personal injury attorney. An attorney can help you determine who was at fault and help you build your case.
Many people find it difficult to pursue a truck accident case on their own. The cost of medical treatment and lost work time can make it difficult for victims and their families to pay for the damages. Also, many victims and families are under a lot of stress due to the debt they have accrued.
Trucking companies have insurance policies that are usually much bigger than their private counterparts. These policies help them to cover the costs of repairs, theft, and even fire.
Truck drivers have to follow hundreds of regulations to ensure they are driving safely. These regulations are put in place at the local, state, and federal level to keep truck drivers safe.
One common cause of truck accidents is poor visibility. These vehicles have large blind spots that make them vulnerable to other cars during lane changes and turns.
Cargo Shippers And Loaders May Be Liable
Whether you are a trucker or a passenger, if you are injured in an accident involving cargo, you may be able to sue the cargo shippers and loaders who were responsible for loading your cargo. In order to get the best outcome from your lawsuit, it is important that you retain an experienced injury lawyer.
A trucking accident lawyer will work to investigate the accident and determine who was at fault for the injuries. He or she will then advise you on whether you should file a lawsuit.
A trucker may be personally liable for the injuries in an accident if the driver was acting outside of his or her job description or if the driver was working beyond his or her scope of employment. If the driver was not a registered owner, he or she may not be able to assert liability.
The driver may be liable if the trucking company failed to train or supervise the driver. An employer may also be held liable if the employee was negligent in the performance of his or her job. A trucking company may also be held liable if the driver failed to comply with state or federal safety regulations.
Truckers may be distracted by the noise of their engine or may be overtired. They may also fail to maintain their vehicle and may make careless or reckless decisions.
During the investigation, an experienced trucking accident lawyer may investigate the accident to determine who is responsible. The at-fault party may be identified through expert witnesses. In addition, a trucking accident lawyer may be able to find evidence of unsafe practices or other violations.
A trucking accident lawyer will work hard to ensure that you receive the compensation that you deserve. If you are injured in an accident, contact an attorney at the Law Offices of Sean M. Cleary.
You Have More Time To File A Lawsuit If You Hire A Lawyer
Depending on the state you live in, you may have more time to file a lawsuit than you think. A savvy trucker personal injury law firm attorney can tell you when and where to file. This will ensure you receive the best possible compensation.
The law of the road states that you should always consult an attorney before talking to an insurance company. This is particularly true if you are dealing with a large company, as their lawyers are probably already working on your case.
Depending on your state of residence, you may have as little as a few months to file a lawsuit. If you wait too long, you may not be able to claim your fair share of damages. A savvy trucker personal injury law firm attorney can explain how to go about filing a claim, ensuring you get the best possible payout.
The statute of limitations is also an important consideration. If you fail to file your claim within the stipulated timeframe, you may lose your claim completely. Thankfully, there are exceptions to this rule. In some cases, you may be able to extend the statute of limitations, and if you have a child involved in the accident, you may even toll the statute of limitations, until the time limits expire.
The legal system is complicated, and if you don’t know what you’re doing, you can wind up paying a small fortune to settle your case out of pocket. A savvy trucker personal injury law firm attorney can help you navigate the maze that is the legal system. They can help you collect crucial evidence, and if necessary, bring your case to a jury in New York City.
Comparative Fault In A Truck Accident
Whether you are the driver, a passenger, or a pedestrian involved in a truck accident, you may be eligible to collect damages. However, the amount you may receive will depend on the degree of comparative fault you have contributed to the accident.
Essentially, the rule of comparative fault assigns blame to several parties based on the shared fault between them. This is a legal term that applies to truck accidents, and it is used to determine how much compensation you can recover.
When you are involved in a car accident, you will need to file a claim immediately with your insurance company. If you are not satisfied with the amount of compensation offered, you may negotiate with your insurance company until you reach a settlement. Your attorney can help you determine whether or not you qualify for compensation.
If you are involved in a multiple party car accident, you will need to work with a qualified truck accident attorney. A good truck crash attorney will be able to provide evidence of another party’s liability. They can also suggest further investigation.
In most states, the law imposes a compensation barring point. This means that you cannot recover damages if your fault is greater than half of the fault of the other party. However, if you are partially at fault, you may be eligible to receive compensation for your injuries.
The basic principle of comparative fault is illustrated in the hypothetical fact that Jane is driving down the street. While Dick makes a left turn, Jane speeds in front of him. If the judge determines that Jane was 80 percent at fault, then Dick’s fault is 20 percent.
Insurance Companies Can Use Pressure Tactics To Avoid Paying A Fair Settlement
Generally speaking, a trucking company’s insurance company is a business after all. They have a vested interest in making sure their insured doesn’t make too many claims. They will usually have a team of insurance adjusters working on your case. These are usually highly skilled negotiators.
They will likely use the same tactics that they use on other insurance claims to try and get you to settle for the least amount of money. A court trial could take months to resolve, and the jury awards you receive may be less than you’d like. A knowledgeable truck accident attorney can help you navigate the minefield and collect the insurance money that’s rightfully yours.
Typically, the most effective way to get a fair settlement is to speak with your insurance company in person. If you’re unable to do so, you might want to file a complaint with your state’s insurance department. Then, contact your lawyer. Insurance companies are notorious for pushing injured people into settlements that they may not be eligible for. If you’ve suffered a trucking accident in the Queens area, do your best to keep your options open. You may be eligible for more money than you’re currently receiving, or you may have a case that needs more than a settlement.
The best way to make sure that you get what you deserve is to find a competent Queens truck accident attorney who can negotiate with your insurance company. They can make all the difference between a mediocre settlement and a fair amount of compensation. The same goes for other parties in the accident. You may have multiple defendants to deal with, and that can make things more complicated.