Truck Accidents: What to Expect

The Federal Motor Carrier Safety Administration (FMCSA) establishes rules and regulations which govern commercial motor vehicles and the trucking companies who operate these vehicles. Their mission is to make the interstate highways safer.

Federal regulations require that a commercial carrier maintain evidence for a limited amount of time. A carrier may destroy a truck driver's log after six months unless a potential plaintiff obtains a court order or takes immediate action.

Federal regulations also require commercial trucks to carry some levels of insurance coverage, depending on materials hauled. These regulations protect victims of large truck accidents from truck owners who may not have the financial resources to pay out-of-pocket damages. Minimum insurance levels ensure that an innocent victim need not cope with the burden of paying for property damage as well as damages resulting from truck injuries or deaths.

In order to successfully collect compensation for property damage, medical bills, lost wages, pain and suffering, or for the wrongful death of a family member, a plaintiff must establish that the driver or commercial carrier operated or maintained the truck in a negligent manner.

Pretend that the trucking companies are Goliath and you and your truck accident attorney are David.

Truck accident negligence: The critical question for negligence is whether the truck driver failed to act as a reasonable person would in similar circumstances. If a truck driver acted in the same way that a reasonable person would consider unsafe – then negligence exists. Another way to show a presumption of negligence is to show that the driver or carrier failed to adhere to safety regulations.

When a plaintiff (or most likely his or her truck accident attorneys) establishes the negligence of the defendant (the truck driver or carrier); the plaintiff must show that the defendant's negligence caused the accident that resulted in injury. Causation can be a complex issue. However, if negligence resulted in the injury to person or property, for which the plaintiff has sued, causation exists.

In order to have a negligence suit, a plaintiff must prove that he or she has suffered damages. Damages include economic injury such as loss of income or wages, medical and funeral expenses, lost support and services, and replacement value or repair costs of personal property damaged in the accident. Damages may also include non-economic injuries such pain, suffering, mental anguish, and inconvenience as a result of bodily injury that resulted from the accident. Punitive damages may be awarded because of the defendant's reckless indifference to the rights of others.

Sometimes a trucking company may not pay medical bills immediately. In these cases, the (plaintiff) driver's insurance will contain medical payment provisions to pay for bills ranging from funeral costs to medical expenses. While many people do not wish to involve their own insurance company in any medical claims, most policies require the car owner to notify the insurance company of any collisions.

After a serious truck accident, a trucking company's claims adjuster begins to protect the trucking company's interests immediately. An investigator for the company may begin to collect evidence to defend or minimize the claim. It is usually in the victim's best interest not to sign a medical release or give a statement to the trucking company or any insurance company before contacting an expert truck accident attorney. The trucking company may try to advise a victim against legal counsel, because they know that with an expert truck accident attorney at your side -- you will most likely receive a greater settlement.

Insurance Overview

Insurance law governs the contractual relationship between an insured and an insurer. The contract is called a policy, and the insured is the policyholder. The policy contains an agreement between the insured (such as an individual or a business) and an insurance company that in exchange for the insured's payment of a premium, the insurance company will reimburse the insured for losses associated with covered risks. The insurance policy will state the extent to which a risk is covered and amount of reimbursement the insured may receive in the event of a loss.

How to Choose a Car Accident Lawyer

When you have been involved in a car accident it is important to know how to choose an attorney. Very different results can occur in your case based on your choice of attorney. Therefore, when choosing an accident attorney you will want to spend some time researching who will be the best representative for your car accident claim.

Once you have a list of attorneys with experience in car accident or personal injury claims, you should find out their record of success in overseeing cases like yours. A strong record of success demonstrates expertise and experience in handling accident claims. If a car accident attorney has won numerous other cases like yours, it is a good indicator that he or she will have the experience necessary to handle your case.

Another thing you want to know about your potential car accident attorney is if they have experience trying cases like yours. It is important to have a lawyer with a good reputation as a trial lawyer even if you are planning on settling your claim outside of court; you may need to go to trial to receive fair compensation for your damages and/or injuries. Also, insurance companies tend to offer larger settlements if your attorney has a reputation as a good trial lawyer as insurance companies generally want to avoid going to court. A good trial lawyer will give you the type of attention that your case deserves and help you obtain the recovery you are entitled to.

You also want to know if your potential lawyer charges a contingency fee or an hourly rate. Most car accident lawyers use a contingency fee, where you do not have to pay the attorney upfront. Rather, they receive a percentage of your award or settlement (usually 1/3) as compensation for their work. That means the attorney has to be successful to be paid for his or her services. While it is common practice for car accident lawyers to charge a contingency fee for their services, never assume this to be true. If the attorney will work for you on a contingency basis, ask what percentage of the recovery they will take and how additional costs of litigation will be calculated. Always ask how the attorney will be compensated for their work.

It is also good to know if your potential accident lawyer belongs to their state’s Trial Lawyers Association and/or the American Association for Justice (formerly the Association of Trial Lawyers of America). Involvement in these organizations shows a commitment to promoting fair and effective justice. Other things to consider are years of experience, what law school the attorney attended and any additional training they may have.

Once you have gathered all of this information about your potential car accident lawyer, compare the qualifications of all the accident attorneys you researched and select the attorney who has the most experience handling your type of claim and has the best record, the best trial experience, and the best character. Often times, the money recovered for you may be directly correlated to the quality of the lawyer you choose.