Trucks & Accident Law

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accident law

 

Did you know that commercial trucks accidents left 5000 fatalities in the year of 2006? Even though truck drivers are more careful in the roads then other drivers.

Trucks can be big and heavy. As an example a dump truck is 20 times heavier than a passenger car. So the truck accidents can cause more damages then car accidents.

What to Do

To prove a truck accident case you must go through the following things to stick the charge with the guilty party:

  1. The driver or truck company owed you the “duty to exercise a reasonable degree of care to avoid injury”. Because every driver owes responsibility to not to cause harm to other drivers, people walking in the streets or the passengers onboard.
  2. The defendant breached the responsibility to maintain the above responsobility.
  3. And the defendants failure to maintain the responsibility has caused the accident.

Identifying Defendants

You have to identify as many defendants directly related to the accident. Such as the driver, or the contractor, or maybe the truck company. Suppose you had a collison with a truck. Now you can trace defendants like the following:

  • If the driver was driving under the influence then the driver is responsible for the accident.
  • If a contractor forced the delivery to be fast and that conducted the accident, then you can charge the contractor.
  • If the truck company took any actions like overloading the truck which may have caused the accident, then you can stick the charge with the company as well.

And if all causes are present beind the accident then can charge all of the responsible party for the accidents.

Considerations

In some cases, the accidents can be considered as just accidents. Because some trucks can be hard to control in unexpect circumstances such as:

  • Big trucks like 18 wheelers are hard to corner. And this may cause an accident if the other drivers on the road are not caution enough.
  • Large vehicles, especially freight trucks carry a huge amount of weight. And they can loose control in sudden braking.

In the End, keep in mind that not all truck accidents are the drivers fault. In some cases, the situation can be hold responsible for the accident. So before charging someone, proceed by discussing it with your attorney, and by the accident law. It can be hard to abide the law, so don’t forget what Cassandre Clare said, “The Law is hard, but it is the Law.”

Stephen Zee

 

 

 

10 Comments
  1. Rachel K.

    April 27, 2014 at 9:51 pm

    It is best to hire a car accident lawyer early to avoid any costly mistakes. The deadline for filing personal injury claims varies from state to state. Because you may need to pay for medical bills and/or cover lost wages, the sooner you contact an attorney the better. In general, a person should contact an attorney shortly after the accident occurs — within a week or two of the accident — but before reaching a settlement with the insurance company.

  2. Tim Ginkesh

    April 28, 2014 at 2:21 pm

    Car accidents lawyers cover a range of issues stemming from personal injury, wrongful death, property destruction, and liability determinations. When looking for a car accident lawyer, you should concentrate on the lawyer’s experience, skill level, commitment, location and fee structure.

    For example, your car accident attorney should be well versed in state and national transportation laws, know how to deal with insurance and health care companies, and know how to effectively prepare and settle a case. Also, it’s important that you check the attorney’s background, references, and track record.

  3. Ronald T.

    April 29, 2014 at 11:24 pm

    Unfortunately, car accidents are everyday occurrences. Most personal injury claims in the U.S. are a result of an accident involving a car, truck, or other motor vehicle. Many of these accidents result in minor vehicle damage in the form of a “fender bender”, and can generally be handled alone through direct contact with an insurance company. However, car accidents that involve physical injury, fatality, or other significant damage may warrant the legal representation of an experienced car accident attorney.

  4. Kevin Jason

    April 30, 2014 at 3:49 pm

    Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.

  5. Margarette

    May 1, 2014 at 9:26 am

    Your attorney will also be able to organize the evidence and prepare a settlement demand letter for the insurance company. If you are unable to settle your accident case, your attorney can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having someone knowledgeable handling the hard work of your case eases the burden on you, which is especially important if you have been seriously injured and are trying to recover from your injuries.

  6. Gary DI.

    May 2, 2014 at 11:35 am

    If you’ve recently been in an auto accident, you may be concerned about working with insurance companies, recovering from any injuries you suffered, and repairing your car. But if you were the victim in an automobile accident, you should also be thinking about whether an auto accident lawyer can help you recover money to pay your accident-related bills and compensate you for pain and suffering.

  7. Jason O'Neil

    May 3, 2014 at 1:23 pm

    Whereas this may be your first time dealing with the ins and outs of an accident claim, injury attorneys have dealt with all manner of claims and a variety of insurance companies. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.

  8. Tory Black

    May 4, 2014 at 4:45 am

    Your attorney can file a lawsuit on your behalf and will know how best to handle any possible defenses raised by the other side. In addition, once your case gets under way, an attorney will be an invaluable guide in navigating the often confusing world of trial preparation — and even going to trial if your case doesn’t settle.

  9. Jery F.

    May 5, 2014 at 12:52 am

    There is a lot of work that goes into negotiating an insurance settlement and trying a personal injury lawsuit. After you have been in a car accident, taking on this time-consuming work may be the last thing you want to do, assuming you’re able. An attorney can do it all for you.

  10. Donalt G.

    May 6, 2014 at 10:47 pm

    Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you — one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

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