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.

When to Hire a Car Accident Attorney

Car accidents are a daily occurrence in the U.S. and affect millions of Americans every year. While minor fender benders or accidents resulting in damages less than $500 probably do not warrant the help of a car accident attorney to recover losses, you will want to think about utilizing the expertise of an accident lawyer if you are offered little or no compensation for your damages, if your damages are significant, or if you have been part of a personal injury accident.

If you are involved in a car accident where you sustain personal injury or significant damages to your vehicle, you will want to seriously consider hiring a car accident lawyer. An auto accident lawyer can help you recover losses by negotiating with insurance claims adjustors and/or taking your case to court. While you may choose to negotiate with an insurance claims adjustor yourself, remember that claims adjustors are trained to settle your claim for as little money as possible. Also, once you accept money from an insurance company, your claim is settled and there is little an attorney can do at that point to recover more money if your injuries are more extensive than you originally thought.

Keep in mind that insurance claims adjustors record conversations and try to establish liability and limit damages. A car accident lawyer is experienced in negotiating with insurance companies; therefore, it is best to consult a car accident lawyer early to avoid financially painful mistakes. Also, people who utilize a car accident lawyer typically receive higher settlements than people who negotiate their own claims—even after paying legal expenses.

Paying an attorney is a concern that many car accident victims worry about. Most attorneys will take car accident cases on a contingency fee basis. That means that you do not have to pay the attorney upfront as the attorney will receive a percentage of the money they recover for you—usually 1/3 of the amount awarded to you. This provides accident lawyers with tremendous motivation to be an effective advocate for you in the settlement of your insurance claim or car accident case. It is important to be aware that contingency fees do not cover costs of litigation and you will be responsible to pay your car accident attorney for things including, but not limited to copies, expert witness expenses, filing costs, and court reporter fees for depositions.

It is important to contact a car accident lawyer soon after your auto accident so they can speak to your insurance company on your behalf, protect your rights, and inform you of the options you have to receive the money entitled to you for your damages and/or injuries. Also, you may need money to pay medical bills and cover lost wages—the sooner you contact an attorney, the sooner you can financially recover from your car accident. Contacting a car accident attorney promptly after an accident will also help you avoid missing out on just compensation due to statutes of limitations, or deadlines (which vary from state to state), that prevent you from making a claim. It is, therefore, in your best interest to contact a car accident attorney sooner than later so they can help you obtain the recovery you are entitled to.

What to Expect When You are in a Car Accident

Of the almost six million car accidents that have occurred every year for the past five years in the U.S., approximately three million of those traffic accidents result in personal injuries every year (USDOT). With such a high number of accidents occurring each year, it is not unlikely that every American will experience at least one auto accident in their lifetime. Therefore, it is important to know what to do when you are involved in an accident.

There are several things that you need to do when you are involved in a car accident. First, stop your car. Do not leave the accident scene as hit-and-run policies are severe and can complicate your situation. If it is at all possible, move your car out of traffic to a safe place. If you cannot move your vehicle, use cones or flares and/or your vehicle’s hazard lights to alert on-coming traffic of the wreck and prevent additional collisions.

Next, check to see if anyone is injured. If someone is injured, call an ambulance for assistance. Do not attempt to move someone who is injured severely if you are not trained to do so. Moving an injured person can result in making their accident injuries worse. Use your judgment, though, as removing a person from a flaming car may worsen their injuries, but save their life. You should always move injured people if they are at risk of further injuries or death.

After making sure everyone involved in the accident is okay, call the police. It is your responsibility to file an accident report with the police. If the police do not arrive at the scene, file a written report at the police department as soon after the accident as possible. When talking to the police, do not admit guilt or put blame on others involved in the accident. Try to simply state the facts. For example, instead of saying, “I wasn’t speeding,” tell the officer how fast you were going, “I was going 45 mph in this 50 mph speed zone.”

If the officer issues you a ticket, sign it. Signing a ticket is not an admission of guilt; rather, it is a promise that you will appear in court to contest the ticket or pay the ticket at a later time. Refusing to sign a ticket may result in arrest. Before admitting guilt or paying a fine, it is a good idea to contact an accident lawyer so you do not inadvertently hurt your chances of collecting damages from the other driver later. An attorney can help you resolve these legal issues.

Do not rely on the police report alone for an investigation of your car accident, but also make and maintain a copy of your own detailed notes. If your case needs to go to court, these details will greatly assist you and your attorney as most cases take approximately 14-22 months to go to court. Therefore, you should write down everything about the accident while it is fresh in your memory.

Your notes should address the following:

• time and date of accident
• where were you going or coming from (why were you driving?)
• weather conditions
• police officer’s name
• facts of the accident (were you or the other driver on a cell phone at the time of the accident?)
• names and contact information for any witnesses
• names and addresses of any passengers
• place of the accident

The more detailed your notes, the better your chance of receiving the compensation you deserve. These notes will be useful if you need to contact a car accident lawyer to collect damages.

Part of taking good notes is taking good pictures. Again, do not rely on police photos alone for an investigation of your car accident. You should take pictures of the accident scene as soon as possible after the accident and from many different angles and distances. Take more pictures than you think you need. These traffic accident pictures will be used to show the overall context of the accident and assess the damages to each vehicle and/or person when you talk to the insurance claims adjustor. It is a good idea to contact an attorney to negotiate with a claims adjustor since insurance companies are trying to establish liability and limit damages when they contact you. A car accident lawyer has the experience to negotiate with insurance claims adjustors for the amount of money you are entitled to.

After the accident, you should exchange the following information with the other driver: name, address, date of birth, telephone number, driver’s license number and expiration date, insurance company and contact information, and written description of the other vehicle (the make, model, year, license plate number and expiration date, and vehicle identification number). To obtain this information, you and the other driver should show each other your driver’s license and vehicle registrations.

Finally, be sure to contact your insurance company as soon as possible after the accident. Most insurance companies require policyholders to file insurance claims immediately after an accident. The insurance company may deny you coverage if you do not report your accident promptly. In some cases, it is a good idea to contact an attorney to help fight for damages.

Auto Accidents

We encounter car accidents every day. As we drive to and from work, run errands and cart the kids around to their activities, we daily contend with poor road conditions and drivers that are distracted or impaired in some way. While we do our best to keep ourselves and our loved ones safe on the road, sometimes our efforts are not enough.

When you are involved in an accident as the result of another driver’s negligence, you may be entitled to take legal action to recover your damages. Damages may include any injuries you sustained as the result of the accident and any costs you incurred as a result of those injuries such as medical bills, prescription drug costs, lost wages due to time missed from work and a number of other possibilities experienced auto accident lawyer can discuss with you.

If you or a loved one has been the victim of someone else’s negligence on the road, it is important to contact an experienced auto accident attorney as soon as possible after your accident. The longer you wait to pursue legal action against the person or party responsible for your damaged vehicle and injuries, the harder it will be to receive the compensation you are entitled to under law. Contacting an attorney soon after your accident will provide you with access to the information and legal representation you need as you deal with insurance companies and the after math of a car accident.

An experienced auto accident lawyer should be prepared to help you through the turmoil you face after a car accident, whether you are dealing with an uninsured/underinsured motorist, drunk driver, distracted driver (e.g., cell phone), aggressive driver or any other traffic offender.

What happens in a moment has the potential to affect the rest of your life. Don’t waste time after you’ve been injured in a car accident. Contact an experienced auto accident attorney to learn how you can fight for the money you need and deserve.