When to Hire a Truck Accident Attorney
When passenger vehicles collide with large trucks, the aftermath can be devastating. Coping with injuries, medical bills, and the emotional trauma of the accident is incredibly challenging. During this difficult time, you should seek the guidance and support of a skilled semi-truck accident lawyer. These experienced personal injury attorneys have the knowledge necessary to fight the trucking industry for your deserved compensation. With their help, you can focus on rebuilding your life while they fight for financial damages from commercial truck insurers. Don’t wait. Contact a Rolling Meadows truck accident attorney now to discuss your claims.
Understanding the Statute of Limitations Applicable in Truck Accident Cases
Tractor-trailer accidents are types of personal injury claims subject to something called the statute of limitations. The statute of limitations sets a specific time limit within which a person injured in a truck accident can file a lawsuit. Failure to file within this time frame can result in a loss of the right to seek compensation.
The statute of limitations for truck accident cases varies from state to state, but some jurisdictions only give claimants one year to file litigation. Even if the statute of limitations has not expired in your case, insurance claims deadlines may be much sooner. Therefore, you should hire a truck accident litigator as soon as possible after the accident to ensure that you do not miss critical claims and litigation deadlines.
Even if this deadline passed, there are exceptions to the statute of limitations in some truck accident cases. These exceptions are state-specific but might include cases involving minors, cases where the victim was medically incapacitated from the crash, and cases where the trucking company engaged in fraudulent activity or deliberately concealed evidence. By promptly hiring a truck accident attorney, you can ensure that these exceptions are explored to your advantage.
Common Semi-Truck Accident Cases Handled by Personal Injury Lawyers
There’s a reason it takes a special license to operate large trucks. They are complicated commercial motor vehicles that often pose unique roadway dangers. Some of the most common truck accident cases personal injury lawyers handle involve the following:
Tire Blowout
Tire blowouts occur when an 18-wheeler’s tires suddenly burst while in motion. It can cause the driver to lose control of the vehicle, leading to a potential collision. Determining liability in tire blowout accidents is complicated, as it may involve factors such as improper maintenance or defective tires. Legal counsel can investigate the cause of the tire blowout and pursue a claim against the responsible party.
Jackknifing
Jackknifing occurs when the truck trailer swings out to the side, forming a 90-degree angle with the cab and blocking traffic lanes as it does so. These highway crashes are commonly mass casualty events. A skilled legal professional can help determine liability and seek compensation for victims of jackknife accidents.
Undercarriage/Underride
Undercarriage collisions happen when a smaller vehicle becomes trapped underneath the side or rear of the truck’s trailer. These accidents can result in catastrophic injuries or even fatalities, as the front end of a small vehicle is often crushed. Victims of undercarriage accidents can suffer from fatal diffuse axonal injuries, disabling traumatic brain injuries, burns, or compression fractures necessitating amputations.
Contact an experienced 18-wheeler accident lawyer immediately if you were involved in one of the above accidents, as he might help gather evidence, determine liability, and seek compensation for your injuries.
Federal Violations Often Leading to Dangerous 18-Wheeler Crashes
Many tractor-trailer accidents are linked to federal safety violations committed by truck drivers or trucking companies. Some common federal violations leading to dangerous 18-wheeler accidents include the following:
- Hours of Service (HOS) Violations: The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations regarding how many hours a truck driver can be on the road without taking a break. Violations of these regulations can lead to fatigued and impaired driving, increasing the risk of accidents. Personal injury law firms can investigate whether HOS violations played a role in your accident and hold the responsible parties accountable.
- Drug and Alcohol Use: State law and the FMCSA prohibit truck drivers from operating commercial vehicles under the influence of drugs or alcohol. If a truck driver’s impairment contributed to the crash, a truck accident attorney can gather evidence to prove negligence and seek compensation on your behalf.
- Vehicle Maintenance Violations: Trucking companies are responsible for properly maintaining their vehicles to ensure they are safe for the road. It includes performing constant cargo weight and tire checks. Failure to comply with FMCSA regulations regarding vehicle maintenance can increase the risk of accidents.
A truck crash lawyer can investigate whether FMCSA or state traffic violations caused the accident and, if so, pursue claims against the responsible parties.
Obtaining Evidence of FMCSA Violations Driver Negligence
Hiring a personal injury law firm quickly can preserve essential evidence of the crash to help build a strong case for damages. Evidence dedicated commercial truck accident law firms might obtain includes the following:
Mandatory HOS logs
- Black box data
- Security or cellphone videos
- Maintenance records
- Tire treads and tracks
- Driver health data
- Cell phone use information
You must act quickly to recover this evidence, as trucking companies and their insurers may attempt to hide, rewrite, or destroy evidence that can be used against them. By hiring a tractor-trailer accident attorney immediately, you might ensure that all necessary evidence is preserved and used to your advantage.
Parties Potentially Liable for Damages After Tractor-Trailer Accidents
Determining liability after colliding with a semi-truck is complicated because multiple parties may bear legal responsibility for the driver and truck. Individuals and corporations that may be liable for damages after an 18-wheeler crash include the following:
Truck Driver
In many cases, the truck driver is directly responsible for the crash. It can be due to driver negligence, impairment, or disregard for traffic laws. A semi-truck accident lawyer can thoroughly investigate the truck driver’s actions and hold him accountable for his role in the accident.
Trucking Company
The trucking company employing the driver may also be held vicariously liable for the accident. Improper hiring practices, lack of driver training, or failure to properly maintain the vehicle can also give rise to negligent hiring claims.
Truck Owner
In some cases, the truck itself may be owned by a different entity than the trucking company. Vehicle owners are generally liable for damages caused by driver negligence. If a mechanical failure or defect in the truck contributed to the accident, the truck owner may also be held directly liable for your injuries. A truck accident attorney can work with experts to determine if mechanical issues played a role in the crash.
Mechanic
If improper inspections, repairs, or maintenance services contributed to the crash, the mechanic or repair shop responsible for servicing the truck may be held liable. A truck accident lawyer can investigate the maintenance records and determine if the mechanic’s negligence contributed to the accident.
Public Entities
In rare cases, public entities such as government agencies or municipalities may be held liable for a truck accident. It can be due to factors such as poorly designed roads, inadequate signage, or failure to maintain road conditions suitable for permitted commercial motor vehicles.
A tractor-trailer accident lawyer can analyze the actions of all parties involved to determine liability and maximize available insurance compensation.
Compensable Damages Available to Victims Injured by Negligent Truck Drivers
If you suffered an injury by a negligent trucker, you may be entitled to financial compensation for your injuries and pain. A semi-truck accident lawyer might help obtain compensation for the following:
- Medical Expenses: You may be eligible for compensation for your medical expenses related to a tractor-trailer accident. It can include hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and ongoing medical care.
- Lost Earnings: If your injuries caused you to miss work or have resulted in a loss of earning capacity, you may be entitled to compensation for your lost earnings and benefits. These financial awards can help alleviate the financial burden of being unable to work while recovering from your injuries.
- Pain and Suffering: Truck accidents can cause significant physical and emotional pain and suffering. Compensation for pain and suffering is intended to address the otherwise incalculable damages you have endured due to the accident.
- Property Damage: If your vehicle or personal property was damaged in the collision, you might obtain compensation to repair or replace the damaged items.
- Wrongful Death: In tragic cases where a loved one has been killed in an 18-wheeler crash, the surviving family members can pursue a wrongful death claim. It can provide compensation for funeral and burial expenses and the loss of financial support and companionship.
An experienced truck accident attorney can assess the full extent of your damages and fight to ensure you receive the compensation you deserve.
Attorneys Can Negotiate Settlements with Commercial Motor Vehicle Insurers
Most viable truck accident cases settle with commercial motor vehicle insurers. These insurers often hold higher-value policies pursuant to FMCSA requirements because large truck accidents will likely result in multiple victims and injuries. As such, hire a personal injury attorney immediately after a mass casualty accident to avoid other victims exhausting insurance compensation. Additionally, some trucking companies carry umbrella liability policies, which can provide additional coverage beyond standard commercial motor vehicle insurance limits. The sooner you connect with dedicated legal counsel after a large truck crash, the better your settlement.
Hiring an attorney with experience handling truck accident cases is also beneficial for the following reasons:
Understanding of Commercial Motor Vehicle Laws
Truck accident cases involve specific laws and regulations that differ from those in regular car accident cases. Dedicated personal injury lawyers have in-depth knowledge of these laws and can use them to build strong client cases.
Experience with Mass Casualty & Serious Injury Accidents
Semi-truck accident claims often involve multiple parties, extensive injuries, and substantial damages. A mass casualty accident litigator has the knowledge and resources to gather evidence and build a compelling case against truckers and trucking companies.
Thorough Investigation
Tractor-trailer crashes require a thorough investigation to determine liability. A dedicated semi-truck accident lawyer will conduct a comprehensive analysis of crash data. She can gather witness statements, obtain surveillance footage, analyze maintenance records, and work with accident reconstruction experts to submit a comprehensive settlement package to insurers.
Trial Representation
In some cases, a truck accident claim may proceed to trial. An experienced personal injury litigator can effectively represent you in court. He will present your case to a judge and jury and fight for your right to maximum compensation.
Do not attempt to handle truck accident claims alone. Call a dedicated legal advocate with experience handling commercial motor vehicle cases today.
Retain a Truck Accident Lawyer Without Any Upfront Fees or Costs
The thought of hiring legal counsel may deter some 18-wheeler accident victims from seeking help due to concerns about upfront fees and costs. However, personal injury attorneys typically work on a contingency fee basis. It means that you do not have to pay any legal fees upfront. Instead, your lawyer will receive a percentage of the settlement or court award only if he successfully recovers compensation for you.
Contingency fee agreements allow individuals injured by careless truck drivers to access high-quality legal representation without worrying about the financial burden. They also ensure that lawyers are motivated to secure the maximum compensation possible for their clients, as their fees are directly tied to the outcome of each case.
Reach Out to a Dedicated Truck Accident Attorney Near You Today
If you’ve been involved in a truck accident, it’s always important to act quickly and find the right lawyer to represent you. A skilled truck accident lawyer can fight for the compensation you are owed. Don’t delay, as missing important deadlines can significantly impact the success of your case.
It’s never too late to contact a law firm near you to discuss your truck accident case. Protect your rights and ensure you have the best legal representation when fighting with commercial insurers. Don’t wait. Call a truck accident lawyer immediately to get the justice you deserve.