Truck Accident Attorney
Truck Accident Attorney Overview
Commercial truck accidents can be particularly destructive because of the weight and physical forces involved in comparison to a car accident. These vehicles usually weigh over 20 times that of a regular passenger vehicle. As a result, the property damages from these events are considerable. If you have been injured by a negligent truck driver, it is absolutely necessary to hire a truck accident attorney quickly to preserve your rights.
As you might expect, the personal injury damages from truck accidents are not only more severe, they are life-altering and permanent. As of the most recent data (2019) from the Federal Motor Carrier Safety Administration, over 60,000 large trucks were involved in injury crashes nationwide with 4,805 of those resulting in fatalities.
Causes of Trucking Accidents
Truck drivers are specially trained and licensed which requires that they use extra caution when operating these large rigs due to the significant risk of catastrophic damage and injury. Despite this special training truck drivers drive recklessly or distracted, while drowsy, or under the influence. Further, many truck drivers are often under pressure from their employers and customers to deliver loads quickly or travel long distances in limited time frames which contributes to higher risks of crashes. Drivers may be carrying more cargo than legally permitted or have been improperly loaded, affecting the mechanics of how the truck can be driven safely. The trucks themselves travel very long distances and may not be well-maintained or have an equipment failure in the middle of normal operation.
proving trucking negligence
You must establish negligence on the part of the truck driver and any additional parties – like employers and vehicle owners – in order to prevail in a truck accident claim. Aside from violating regular traffic laws, truck drivers and trucking companies may also be negligent for failing to follow appropriate regulations. These include the FMCSA regulations which require safe driving practices, driving hour restrictions, maintenance of logbooks documenting driver hours and rest breaks in accordance with general standards, as well as regular vehicle maintenance, appropriate cargo loading and weight maintenance protocols.
Recovering compensation for a truck accident requires extensive diligence and expertise because the stakes are higher and the risks larger for such cases. Insurance companies represent the driver, truck owner, and transportation companies involved. They have more to lose and deploy teams of specialists and experts to the scene of the crash as soon as possible to gather evidence before it disappears or changes. It is critical to hire an experienced truck accident attorney as quickly as possible so that you can preserve and obtain as much evidence as possible. The insurance companies will do anything possible to deny liability and claims unless they understand that a knowledge and experienced attorney is on the other side. One of the most important first steps in making a claim is sending a Preservation of Evidence Notice letter to the At-Fault parties. This puts them on notice to comply with their legal duty to save evidence which may be damaging to their defense; and which supports your claims.
Truck Accident Evidence & Experts
We act swiftly to get an engineering and accident reconstruction expert on the scene to both examine the vehicles and the crash scene. We will also obtain witness statements, photographs, camera footage, measurements, and official governmental reports. Critical evidence includes the truck ECM or “Electronic Control Module” (“black box”) data, and alcohol and drug testing results from the driver, which must be obtained by their employer by law in the event of an accident with serious bodily injury. This evidence will make or break the case.
Damages & Obtaining Compensation
Any truck accident victim is likely to have sustained serious bodily injuries with extensive medical treatment and bills. These will be part of the economic damage claims of the case but are by no means the end of the damages, which usually also include brain trauma, lost time from work, and mental pain and suffering. You must have both damages and negligence by the Responsible Parties to have a legitimate truck accident injury claim.
The team at Santana Injury Law is experienced in truck accident investigation and claims. We can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced truck accident attorney.
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