June 14, 2024

politics of law

Politics and Law

Legal Representation For Trucking-Related Cases

3 min read
Carrollton 18-Wheeler and Semi Truck Accident Lawyer | D. Miller &  Associates

Truck accidents often result in much more severe injuries than those involving cars. The victims of truck crashes deserve legal representation for trucking-related cases.

Detailed state and federal regulations govern trucking operations. When trucking companies and drivers ignore these regulations, they put other motorists at risk.

A skilled Brooklyn truck accident lawyer can help injured victims recover damages from negligent parties. Damages may include compensation for medical and hospital expenses, property damage, pain and suffering, and other losses.

Duty of Care

Because of their immense size, commercial trucks can cause devastating damage when they collide with cars and other smaller vehicles. They are also more difficult to control than standard passenger vehicles, making them more dangerous for everyone on the road.

Truck drivers have a duty to drive safely and to obey all state trucking regulations. A driver who breaches this duty and causes an accident may be liable for the injuries and losses of victims.

However, proving negligence can be complicated. An experienced lawyer can help determine the cause of a crash and which party or parties might be responsible for it.

A good trucking lawyer should be licensed with your state’s bar association and have experience handling truck accidents and related issues. Look for a firm that has a focus on trucking law and a reputation for client success. It is important to find a legal professional who communicates well and will be available for any time-sensitive matters.

Negligence

Unlike regular vehicle accidents, truck collisions can result in horrific injuries because of their size and weight. Trucking companies and truck drivers must follow strict state and federal regulations. Nevertheless, these parties often violate these rules to prioritize profits over safety. Our team works to expose negligent behavior and help victims recover the compensation they deserve.

Proving negligence in a truck accident case requires proof that the defendant owed you a duty to exercise reasonable care, that they breached this duty, and that their breach led directly to your injury or loss. If your attorney can prove this, you may be eligible to receive compensation for your medical expenses, lost wages, property damage, and pain and suffering.

Common forms of truck driver negligence include distracted driving, speeding, reckless driving, violating hours of service, and improper cargo loading. It is also possible for trucking companies to be held liable for their employees’ negligence if the crash occurred within the scope of their employment.

Damages

As with any personal injury case, victims are awarded compensatory damages to cover financial losses, such as medical and hospital bills, lost wages and property damage. However, a lawsuit can also award non-economic damages such as pain and suffering and loss of quality of life.

The first step in building your truck accident case is to gather evidence. Take photos of the scene, the truck and any other relevant items. Also, be sure to document any injuries and witness contact information.

Commercial trucking companies are required to keep many records that may prove useful in your case. These include maintenance records, drug tests and driver safety logs. Moreover, government agencies like the Federal Motor Carrier Safety Administration may have important evidence such as dash cameras and black boxes.

In some cases, victims can be awarded punitive damages, which are designed to punish the at-fault party for malicious or reckless behavior. Examples include when a truck driver is found to have destroyed crucial evidence or when the company hired a known unsafe driver.

Time Limits

A lawsuit against a trucking company must be filed within the statute of limitations. It is also important to work quickly in order to preserve evidence, including the electronic on-board recorder and maintenance records. In addition, it is often necessary to obtain expert testimony.

Unlike car accident cases, there are often multiple parties that can be held responsible for a trucking accident. This includes the truck driver (whether they are employed or own their truck), the trucking company, the freight brokers (which bring together companies that need to move goods with truckers who are looking for a job), and equipment maintenance companies.

Moreover, truck accidents are more likely to result in serious injury and death. This makes proving causation much more difficult, even in non-catastrophic cases. Nevertheless, the right law firm will focus on you and fight to ensure that your unpaid medical bills are paid and that you are compensated for your pain and suffering.

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