Truck Accident Lawyer for Truck Drivers and their Victims
Four legal opinions and case evaluations deliver unbiased legal advice. Straight from the pros, all you need for both truck drivers and truck accident victims.
Four legal opinions and case evaluations deliver unbiased legal advice. Straight from the pros, all you need for both truck drivers and truck accident victims.
Were you Involved in a Truck Accident?
Truck accidents can be hazardous, especially when they involve other vehicles on the road. The outcome of these types of crashes is often unpredictable, and the damage caused can be extensive. Suppose you have been involved in one or more trucking accidents. In that case, speaking with a truck accident attorney experienced in this area is crucial to receive compensation for your losses.
In 2020, a total of 4,842 large trucks were involved in accidents that involved fatalities. While this was a four percent decrease from 2019 figures, it was a 33 percent increase since 2011. The involvement rate for large truck accidents has declined five percent since 2019 but has increased by 18 percent since 2011. The statistics for large trucks involved in accidents include the following:
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Involved in nine percent of all fatal crashes
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Account for four percent of all registered vehicles
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Comprise 10 percent of all vehicle miles traveled
If you are involved in a truck accident, you first want to call the police and emergency services if you or others are injured. You need to take pictures of all vehicles if you can do so. After the police have documented everything and filed the report, you want to reach out to a truck accident attorney as soon as possible—if you are unable to do so, a friend or relative needs to do it on your behalf.
The sooner you can secure legal representation, the sooner you will be able to secure the compensation you deserve for your injuries and property damage. A truck accident lawyer near you can also assist with filing the insurance claim.
Causes of Truck Accidents
While some truck accidents are unavoidable, in many cases, they are avoidable. Some of the more common causes of accidents involving large trucks include:
Driver Error
One of the most common causes of truck accidents is an error on the driver’s part. This could involve any number of things, including:
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Disregarding a stop sign or traffic signal
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Failure to ensure the intersection is clear before proceeding
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Changing lanes without ensuring the lane is clear of oncoming traffic
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Tailgating
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Failure to adjust speed when approaching slow-moving traffic
Mechanical Failure
Keeping your vehicle in the top-notch mechanical condition is essential, especially for large trucks. Because of their weight—especially when loaded—truck accidents are frequently fatal when it involves smaller vehicles such as motorcycles, passenger cars, or pickup trucks.
Fatigue
Driver fatigue is a leading cause of accidents in general. Still, when you’re behind the wheel of a large truck, it can be disastrous. It is often not the driver’s fault but results from unrealistic delivery times for over-the-road drivers.
Improper Maintenance
Failure to properly maintain a truck can lead to accidents. Poor tread tires, underinflated tires, and poorly maintained brakes are just a few examples of improperly maintained trucks.
Road Conditions
Road conditions are one of the areas in which drivers do not always have control. Suppose drivers fail to be observant of road construction. In that case, hazards on the road due to weather, roadblocks, police activity, and traffic jams can lead to accidents.
Overloaded or Improperly Loaded Cargo
Large trucks, especially semis, are designed to transport a specific weight limit. Exceeding that limit can limit the driver’s ability to respond to emergencies. In addition, an overloaded truck substantially reduces the vehicle’s braking ability, making it necessary to increase the stopping distance. If the driver misjudges his stopping distance, it could cause an accident. On the other hand, improperly loaded cargo could shift around and cause the driver to lose control.
Substance Abuse
Substance abuse is another major contributor to severe accidents involving tractor-trailers or delivery trucks. Drivers who are high on illegal substances or alcohol are unable to focus, which causes accidents fully.
Scenarios Where the Trucking Company May Be Held Responsible for Damages and Injuries
Negligence in Hiring Practices
Check a potential driver's experience, training, and driving record to avoid hiring a driver who is a potential risk on the road.
Failure to properly train drivers
While potential drivers may have experience, trucking companies need to ensure they only hire drivers with proper training and understand the individual company's needs.
Failure to maintain trucks in a high-quality manner
When a company fails to maintain equipment in the best condition possible, it sets the driver up for a potential accident. The truck could break down and sometimes cause the driver to lose control—for instance, improperly inflated tires could cause a blowout and result in an accident.
Failure to ensure drivers adhere to break periods as defined by law
Every state has laws defining how long a driver can drive without taking a break and how long he must be off the road between breaks. A company that fails to enforce these limits and the driver is involved in an accident could be held partly responsible.
Why You Need a Truck Accident Attorney
You should hire a local truck accident attorney to handle your case if you have been involved in a truck accident. Even if you believe there is no error on your part, you are safer to hire a truck accident attorney. Some reasons you may want to have a truck crash lawyer are listed below.
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Truck accident attorneys have the expertise to handle your case competently. They can determine the best way to present an argument on your behalf. You will be going up against insurance companies, and you stand a better chance of winning when you have a truck accident attorney on your side.
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The right truck accident lawyers can negotiate effectively on your behalf. Hiring a capable truck accident lawyer near you makes the difference between winning and losing. They are both experienced and comfortable with negotiating.
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Another benefit you can gain from hiring a truck accident attorney is their legal expertise. They are knowledgeable about how courtrooms operate and what forms are necessary. You can depend on them to help with many legal technicalities, such as deadlines, paperwork, and the judge’s preferences.
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By hiring a truck accident attorney, you have someone who can help with the evidence and has the foresight to think of things that may not have crossed your mind. Attorneys also know what evidence police collect when arriving at the accident scene.
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Lawyers have experience and expertise when it comes to the courtroom. Unless they have recently passed the bar, they know how to find their way around a courtroom. They know how to approach the judge and what to expect regarding a settlement. Even before the court, your lawyer will brief you on what to expect and how to answer any questions the opposing attorney might ask.
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Regarding a truck accident, there are many factors to consider, such as whether either party was speeding or under the influence of drugs or alcohol. Did either driver disregard a stop sign or traffic signal? Was anyone texting while driving? The accident may have been the fault of the city or state, such as poorly maintained roads. These are things a local truck accident attorney can help you find out.
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The average person lacks knowledge when it comes to some regulatory areas. Unless the other driver is familiar with DOT regulations, he may be inclined to accept the first settlement offer he receives. On the other hand, truck accident lawyers and delivery truck accident lawyers are familiar with the regulations concerning drive time and documentation. A violation of either of these regulations could make the trucking company quicker to settle your case.
Anyone involved in an accident with a commercial vehicle is entitled to compensation. You can work with affordable truck accident lawyers in your area. They will help you file a legal claim against the responsible party. If you lost a loved one, working with a lawyer can help you receive compensation your loved one would have received had they survived.
Another reason you may wish to hire a truck accident law firm is the complexity of the insurance claims process. While it may sound simple on the outside, it can be complex.
The lawyer knows the ins and outs and can negotiate for the fairest settlement on your behalf. Insurance companies will do their best to prove their client is not at fault. They will try to negotiate the lowest settlement possible even if they cannot prove that you were at fault.
One thing to remember about insurance claims is that the insurance company is not on the claimant’s side but the company’s. Regardless of the extent of damages and injuries, they will try to offer a lowball figure. Statistically, those who have legal representation tend to receive higher settlements than those who attempt to work directly with the insurance adjuster or company.
Having your own truck accident attorney will ensure no violation of your rights. Hiring your truck accident lawyer near you who will work with the insurance company on your behalf is your best decision.
How To Find a Truck Accident Lawyer Near You
Finding the best truck accident lawyer near you is crucial if you want the best legal representation. Personal referrals are best, but you can also contact lawyer referral services such as Legal-Yogi. There are several factors to consider when searching for a truck accident law firm.
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Reputation
A lawyer’s reputation is likely the most important factor in determining your lawyer’s success in handling cases. If you can get referrals from friends or other people you know, that’s positive. Word-of-mouth referrals are the most valuable. If you need more personal referrals, you can ask the lawyer you are considering for a list of references from clients.
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Experience
In most cases, you will find a lawyer’s bio on the website. This should show personal information about how long they have been in practice and some notable cases they’ve won. You want to choose a lawyer with experience handling truck accidents and not just general personal injury cases. During your initial consultation, prepare a list of questions, be bold, and ask more that come to mind.
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Access to Experts
Depending on the severity of your accident, there may be a need for the truck accident law firm to reach out to several experts. These experts must have the expertise necessary to help the firm establish liability. A police report is not always detailed enough to provide sufficient evidence to determine if you were at fault or someone or something else.
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Excellent with Negotiation
Insurance companies/adjusters are eager to pay only what is necessary for settlements. If necessary, your lawyer will gather the facts and present them to the insurance company or the opposing lawyer. Choosing someone with expertise is essential to present a strong argument on your behalf. The trucking company may attempt to place all or part of the responsibility on you. Still, your lawyer will work hard to reduce your part of the liability as much as possible.
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Must be Dedicated
You want to hire a truck accident attorney dedicated to helping in your case. While all lawyers are busy, you need someone who can juggle all the cases without burdening any client. Experience means little if the lawyer cannot devote the necessary time to research your case and investigate all the facts.
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No Payment Up Front
Personal injury lawyers do not customarily charge fees upfront. They work on a contingency basis; they only receive a payment if they win a settlement for you. If a lawyer agrees to take your case, you can be sure they feel there is a good chance of winning.
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You Must be Comfortable with the Lawyer
Like any other professional (doctor, accountant, financial advisor) you may need, you want to choose someone you feel comfortable with. There may be personal things you need to share with your lawyer—maybe you can no longer function sexually, for instance.
If you are uncomfortable discussing it, your lawyer will not be able to help you as much as he could knowing everything. Some people even have trouble discussing depression, so you need someone who encourages you to talk and won’t judge you.
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Experience and qualifications are essential when you need a truck accident lawyer. If you want to win your case, you need someone with the experience, qualifications, and knowledge to put forth the effort. This is why it is essential to research, investigate, and ask questions before you make a final decision.
Several lawyer referral services will assist you in finding a low-cost truck accident lawyer. Still, most do not offer free consultations. Legal-Yogi is an excellent source for finding a truck accident lawyer and offers four free consultations with no obligation to hire any of the lawyers we refer you to. We have a database of experts who can assist you with your case, and our phone lines are open 24 hours a day.
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Ready to take this Truck Accident By Storm?
Ready to take control of your truck accident case? Schedule a real-time call with one of our experienced truck accident lawyers and get the help you need to win your case today.
FAQs
How do I find a truck accident lawyer near me?
The best way to find a truck accident lawyer is by personal referral or a lawyer referral service like Legal-Yogi.
What should I look for when choosing a truck accident lawyer?
You want to choose a lawyer with experience, knowledge, and negotiation skills. Your lawyer should also know his way around the courtroom and be knowledgeable about the process.
What evidence should I gather after a truck accident?
You should obtain a copy of the police report or know how to get it, pictures of all vehicles involved, contact and insurance information from the other driver, and contact information from any witnesses.
What happens if the other party's insurance company denies my truck accident claim?
If the other party’s insurance company denies your claim, you have the right to appeal. Your lawyer will handle this through your insurance company, negotiating with the other party’s lawyer, or filing a lawsuit in court.
Can a truck accident attorney help me receive a fair settlement?
Regarding your injuries and property damage, your truck accident attorney will work with the insurance company or the other lawyer to reach a fair and equitable settlement.
