Accidents involving commercial trucks can have disastrous results. Because of their size and weight, trucks are frequently involved in collisions that cause serious injuries, property damage, and frequently fatalities. Knowing your rights and getting legal help are crucial if you or a loved one has been in a commercial truck accident. A commercial truck accident attorney can guide you through the convoluted legal system to obtain just compensation because they specialize in defending truck accident victims.
This post will discuss the duties of a commercial truck accident lawyer, typical reasons for truck accidents, the court system, and how to pick the best counsel for your case.
What is a Commercial Truck Accident Lawyer?
A lawyer who focuses on personal injury lawsuits involving commercial trucks is known as a commercial truck accident lawyer. Large trucks including delivery trucks, 18-wheelers, semi-trucks, and other heavy-duty vehicles used for cargo transportation are included in this category. Because there are many parties involved and the trucking business is subject to unique rules, commercial truck accidents can be more complicated than typical auto accidents.
The primary goal of commercial truck accident attorneys is to assist victims in obtaining damages and compensation for injuries sustained in truck accidents. Because they are knowledgeable about the laws, safety rules, and particulars of truck accident cases, having an experienced lawyer can make a big difference in how your case turns out.
Common Causes of Commercial Truck Accidents
Commercial truck accidents can be caused by a variety of factors. Understanding these causes is crucial in building a strong case for compensation. Some of the most common causes of truck accidents include:
1. Driver Fatigue
Truck drivers are often on the road for long hours, which can lead to fatigue. Drowsy driving is a significant risk factor for accidents, as fatigued drivers may experience slower reaction times, impaired judgment, and a lack of attention to the road.
2. Distracted Driving
Like any driver, truck drivers can become distracted while driving. This may include using a cell phone, eating, adjusting the radio, or other activities that divert attention from the road. Distracted driving can lead to fatal accidents, especially with large commercial vehicles.
3. Speeding and Reckless Driving
Truck drivers who exceed speed limits or engage in reckless driving behaviors, such as tailgating or weaving in and out of traffic, increase the risk of accidents. Speeding reduces the driver’s ability to stop in time and leads to more severe collisions.
4. Impaired Driving
Driving under the influence of drugs or alcohol is a serious issue in truck accidents. While truck drivers are subject to drug and alcohol testing, some drivers may still choose to drive while impaired, leading to tragic accidents.
5. Improper Maintenance
For commercial trucks to remain in good operating order, routine maintenance and inspections are necessary. One of the main causes of truck accidents is mechanical breakdowns, such as tire blowouts or braking issues. The driver or the trucking firm may be responsible for any accidents that occur if they do not properly maintain the vehicle.
6. Overloaded Trucks
Overloaded trucks are a hazard on the road. When a truck carries more weight than it’s designed for, it can lead to loss of control, tire blowouts, and difficulty stopping. The trucking company and driver can be held accountable for violating weight limits.
7. Poor Weather Conditions
Inclement weather, including rain, snow, ice, and fog, can make driving hazardous, especially for large trucks. In some cases, truck drivers may fail to adjust their speed or driving behavior to match weather conditions, leading to accidents.
8. Inadequate Training
Truck drivers must undergo specialized training to handle large commercial vehicles safely. When a driver is inadequately trained or inexperienced, they are more likely to make mistakes behind the wheel, resulting in accidents.
Why You Need a Commercial Truck Accident Lawyer
Truck accidents often involve multiple parties, including the truck driver, the trucking company, manufacturers, and insurance companies. As a result, truck accident cases can be much more complicated than standard car accidents. Here’s why hiring a commercial truck accident lawyer is crucial:
1. Expert Knowledge of Trucking Laws and Regulations
The trucking industry is regulated by strict federal and state laws. Commercial truck accident lawyers are well-versed in these regulations, including the Federal Motor Carrier Safety Administration (FMCSA) rules, which govern truck driver hours of service, maintenance requirements, and weight limits. Understanding these laws allows the lawyer to identify violations that may have contributed to the accident.
2. Identifying All Liable Parties
In a truck accident, there may be multiple parties responsible for the crash. These parties can include the truck driver, the trucking company, the truck manufacturer, and even third-party contractors or maintenance providers. A truck accident lawyer will conduct a thorough investigation to determine all potential sources of liability and ensure that they are held accountable.
3. Gathering Evidence
Commercial truck accident cases require substantial evidence to prove negligence and liability. A lawyer will gather critical evidence such as:
- Truck driver logs and hours of service records
- Maintenance records for the truck
- Witness statements
- Accident reports and photographs
- Black box data (from the truck’s electronic logging device) An attorney will also work with accident reconstruction experts and other professionals to build a solid case.
4. Negotiating with Insurance Companies
Insurance companies often try to settle truck accident claims quickly and for as little money as possible. A skilled lawyer will negotiate with the insurance company on your behalf to ensure that you receive the compensation you deserve. If the insurer is unwilling to offer a fair settlement, your attorney will be prepared to take the case to court.
5. Maximizing Compensation
Commercial truck accidents often result in serious injuries, including spinal cord injuries, traumatic brain injuries, amputations, and even death. The damages in such cases can be substantial. A truck accident lawyer will help you pursue compensation for medical bills, lost wages, pain and suffering, emotional distress, and more.
Steps to Take After a Commercial Truck Accident
If you or someone you love is involved in a commercial truck accident, there are several steps you should take to protect your rights and strengthen your case:
1. Seek Medical Attention
Your health should be your top priority. Even if you don’t immediately feel injured, it’s important to seek medical attention as some injuries may not be immediately apparent.
2. Report the Accident
Call the police to report the accident. A police report will provide important documentation of the incident and can be used as evidence in your case.
3. Gather Evidence
If you are physically able to do so, take photographs of the accident scene, including the vehicles involved, road conditions, and any visible damage. Collect the contact information of witnesses and obtain the truck driver’s information, including their license number and insurance details.
4. Avoid Speaking to Insurance Companies
Do not speak with insurance adjusters from the trucking company or other involved parties without first consulting a lawyer. Insurance companies may try to get you to make statements that could hurt your case.
5. Consult a Commercial Truck Accident Lawyer
The sooner you consult a lawyer, the better. They will advise you on the best course of action and begin gathering evidence to build your case.
How to Choose the Right Commercial Truck Accident Lawyer
When hiring a commercial truck accident lawyer, it’s important to consider several factors to ensure you have the best representation for your case:
1. Experience in Truck Accident Cases
Look for a lawyer who has specific experience handling commercial truck accident cases. They should have a track record of success in these types of claims and be familiar with trucking laws and regulations.
2. Reputation and Reviews
Research the lawyer’s reputation by reading online reviews and testimonials from previous clients. Websites like Avvo and Google Reviews can provide insight into the lawyer’s experience and client satisfaction.
3. Contingency Fee Structure
Most commercial truck accident lawyers work on a contingency fee basis, meaning they don’t get paid unless you win your case. This structure ensures that legal representation is accessible, even if you are dealing with financial difficulties due to your injuries.
4. Free Consultation
Many truck accident lawyers offer a free initial consultation. Use this opportunity to ask questions about the lawyer’s experience, approach, and the specifics of your case. This meeting will help you determine if the lawyer is a good fit for your needs.
Top Commercial Truck Accident Law Firms
Here are some top law firms with expertise in handling commercial truck accident cases:
1. The Attorneys at Morgan & Morgan
Morgan & Morgan is a nationwide law firm known for representing accident victims, including those involved in commercial truck accidents. They have a team of experienced attorneys who will fight for the compensation you deserve.
- Website: Morgan & Morgan
2. The Law Offices of J. Michael Sasser
Based in Florida, J. Michael Sasser’s law firm has experience representing truck accident victims in complex cases involving severe injuries and fatalities.
- Website: J. Michael Sasser Law
3. Harris & Graves, P.A.
This South Carolina-based law firm specializes in commercial truck accidents and other personal injury cases. They have extensive experience with trucking industry regulations and accident investigations.
- Website: Harris & Graves
4. The Cochran Firm
The Cochran Firm has a strong reputation for handling serious personal injury and wrongful death cases, including those resulting from commercial truck accidents. Their team of lawyers is committed to securing justice for victims.
- Website: The Cochran Firm
Conclusion
Accidents involving commercial trucks can cause serious injuries and substantial financial losses. Seeking the assistance of an experienced commercial truck accident attorney is crucial if you or a loved one has been in a truck accident in order to obtain the damages you are entitled to. A skilled attorney will negotiate with insurance companies, collect evidence, handle the case’s complications, and defend your rights in court.
Remember, time is of the essence in truck accident cases, so don’t hesitate to contact a qualified attorney. For more information on truck accident law, you can visit resources like FMCSA or National Highway Traffic Safety Administration (NHTSA).
