Did you know that the United States has more than eleven million trucks on its roads? Unfortunately, many of these trucks are operated by overworked drivers who transport hazardous materials. Shockingly, human error contributed to nearly 90% of the 475,000 large truck crashes that took place in 2016. A compelling Harvard study revealed that a quarter or more of drivers fell asleep while driving, while professional truck drivers reported this issue to be as high as 50%.
In a split second, the actions of a fatigued or overworked truck driver can change your life forever. As countless individuals rely on highways daily for their commute, the impact of a truck accident extends far beyond just the trucking industry. Due to their immense size, trucks can weigh up to 30 times more than a standard car, amplifying the potential consequences of a collision.
If you or someone close to you has been involved in a truck accident, it is crucial to seek the assistance of a skilled lawyer. The importance of legal representation cannot be overstated, especially considering that truck drivers often carry insurance policies worth millions of dollars and multiple parties may be held accountable for their negligence. Identifying all the different insurance lines involved in a trucking accident can be challenging, as the truck and trailer are often insured by separate companies, both of which may bear responsibility for the negligence that led to the accident.
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Confusion often runs high immediately following a truck accident. If you notice any burns or injuries, it is important to call the police immediately. When the police arrive, they will compile an accident report, which includes detailed notes, witness statements, and photos. It is crucial to gather as much information as possible, including statements from witnesses.
Additionally, take multiple photos capturing the damage inflicted upon your vehicle and any injuries sustained by you or your passengers. This documentation will serve as valuable evidence and ensure that all damage and injuries are properly documented.
The weight of commercial freight trucks, or ‘big rigs’, is usually 80,000 pounds or more. This is 20 times heavier than passenger cars. Truck drivers are given financial incentives to travel long distances more quickly, even though there are regulations to limit their driving time. This can have a direct impact on the safety of other drivers.
Insurance policies for truck drivers are 50 times more expensive than policies for car accidents. The total insurance value can often be in the millions. It is expected that all the insurance companies named in a lawsuit will do their best to prove they are not at fault. Insurance adjusters with years of experience will be brought in to use complex tactics. They may offer a large payout when the case is worth much more. A trusted lawyer can make the whole process much less stressful.
Property damage is increased in truck accidents. As mentioned above, an 18-wheeler truck has much greater weight and size than a standard vehicle. This means that the property around a truck will be damaged much more than in a two-car accident. The injuries sustained in truck accidents are also more serious.
While car accidents can cause severe injuries and medical bills, truck accidents can result in even more severe injuries, including brain trauma and severe lacerations. Medical bills are much higher as well, as hospitalization time is usually longer for truck accident injuries. Truck accident victims are often unable to return to work for an extended period, if at all.
At Tenina Law, we can help calculate your pain and suffering more accurately by working with an experienced attorney. This will help you obtain the compensation that you deserve. It is important to note that a large commercial truck accident is more likely to cause death than an accident between two cars.
According to the Federal Motor Carrier Safety Administration (FMCSA), between 3,000 to 5,000 people die in truck accidents each year. The numerous variables in truck accidents and the resources available to trucking companies and insurers make it advisable to get a free case assessment before hiring a lawyer.
Many parties may be responsible for your losses if you were injured in a truck crash or lost someone close to you. These parties often deny responsibility or fault for an accident. Liable parties include:
Truck accident lawsuits can be filed for a variety of reasons, including negligence. Lawsuits to recover compensation are often based on the negligence of the truck driver. In some cases, negligence can be demonstrated by:
After a collision, the owner and manager of the trucking firm, the owner and driver of the truck, as well as their respective insurance companies, may all be held liable.
Product Liability: A defect in a truck or its components may have contributed to an accident. The product manufacturer could be held liable. To win a product liability suit based on the negligence of the manufacturer, the injured party will need to prove:
Experts will be required to test, analyze, and provide testimony.
Wrongful Death: Truck accidents can be so serious that victims do not survive. In certain cases, a family member may file a claim for compensation on behalf of a loved one. To establish wrongful death, the family must prove the same facts that the deceased would have proven if they had survived and filed a claim themselves. A lawyer can help the family recover economic damages, non-economic damages, and in some cases punitive damages for the loss of their loved one.
Our truck accident attorney at Tenina Law are not only familiar with insurance companies’ tactics to reduce the amount of compensation you deserve, but we also have a large network of experts and investigators who can investigate all aspects of an accident.
The trucking company, along with their insurance company, will immediately begin an investigation after a collision. They may take statements from witnesses, photograph the accident site, or examine the vehicles to determine the extent of damage caused by the collision. State authorities may also conduct their investigation, which could be beneficial to your claim.
We start examining your case as soon as you retain the services of a Tenina Law lawyer. Our attorney may take photographs of the accident site, interview witnesses, and inspect the vehicles to determine the extent of damage caused by the collision. The steps involved are:
The “black box” is another way our lawyers can protect critical evidence by sending a letter of spoliation to the truck company. This will prevent any evidence from being lost or destroyed. Truck companies are legally required to retain evidence relevant to the case after receiving this letter. This includes driver logs, black box data, and other pertinent information. The letter is sent as soon as possible after an accident. Truck companies cannot destroy the records in their normal course of business.
If you or someone you love was injured by a truck driver, you will need to prove the negligence of the trucker and other parties you believe are responsible. Your lawyer will determine the parameters of the trucker’s duty and demonstrate that there was negligence that resulted in your injuries and damages. Texting while driving is a common example of negligence. Other examples include speeding, running red lights or stop signs, and falling asleep behind the wheel. Due to the risky nature of truck drivers’ work, FMCSA regulations require drivers to adhere to certain regulations.
The types of compensation available for those who have been injured in an accident with a truck fall into two categories: economic damages and non-economic damages.
Economic damages for truck accidents cover specific costs such as:
Non-economic damages compensate victims and/or their families for intangible, non-financial losses. These include:
Punitive damages can be awarded in addition to economic and non-economic damages if the defendant’s actions caused the injury with malice, fraud, or recklessness. Punitive damages are meant to punish the offender for their actions and discourage similar behaviors in the future.
When it comes to truck accidents, Tenina Law is your trusted ally. With a proven track record of success, our dedicated team of experienced attorney is ready to fight for your rights and ensure you receive the compensation you deserve. We understand the intricacies of truck accident cases and have the knowledge and resources to handle even the most complex situations. Let us be your voice in the legal process, advocating fiercely on your behalf.
Contact Tenina Law today to schedule a consultation and take the first step toward justice. Your future deserves the best representation, and we are here to deliver it.
At Tenina Law we have over 20 years of experience and dedication to serving our clients. Our extensive expertise in these practice areas guarantees the best outcome for all of our clients!
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