Truck accidents are some of the most common and catastrophic accidents in the U.S. According to the National Safety Council (NSC), approximately 5,005 large trucks were involved in fatal crashes in 2019.
The outcome of a truck accident can be devastating. Victims of these accidents may have to deal with severe, life-altering damages, property loss, or even fatalities. If you’re a victim of a truck accident, you have a right to claim maximum compensation from the at-fault or liable party. However, filing a claim and getting fair compensation is never easy.
Why Hire a Lawyer?
If you or your loved one was recently involved in a truck accident, it is vital to consult a car accident lawyer as soon as possible to learn what legal options you have. Since you have a right to claim damages from the at-fault party, your lawyer can review your case and help you claim the compensation you deserve.
If you want to ensure you file the claim as per the law and insurance company policies, consider working with a lawyer familiar with handling truck accidents. Truck accidents lawyers take time to investigate the case, determine liability, prove damages, and negotiate with insurance adjusters to help victims get the compensation they deserve.
Lawyers will work with other experts and have enough resources to conduct investigations. Your lawyer will also be able to advise you on what to do after the accident to protect your claim. In case of a lawsuit, your lawyer will be also be able to represent you in court.
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Regulations Governing Truckers and Trucking Companies
Federal and state laws govern truck drivers and trucking companies. Both parties must adhere to these regulations and can face hefty fines if they fail to do so. When a trucker or company fails to follow the rules, it can cause a severe accident. If this happens, they’ll demonstrate negligence and liability for the accident.
While these regulations vary from state to state, the Federal Motor Carrier Safety Administration (FMCSA) has rules for interstate traffic. The laws cover several aspects of the industry, including regulations on truck maintenance and hiring and supervising drivers.
The FMCSA has laws and regulations that govern the number of hours a trucker should stay on the road to curb driver fatigue. The truck driver and companies must ensure that the driver does not exceed the maximum allowable driving hours. Even with these regulations, driver fatigue still causes around 20-40% of trucking accidents.
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Causes of Truck Accidents in Maxie
Truck accidents occur due to several reasons. The cause also determines the liable party and damages to claim. In most cases, these types of accidents occur due to:
- Driver fatigue
- Driving under the influence (DUI)
- Speeding
- Distraction
- Lack of experience
- Traffic law violations
- Inadequate truck maintenance
- Equipment failure
- Inadequate warning signs
To determine the cause of the accident, your truck accident lawyer can work with accident reconstruction experts, watch surveillance footage, and use evidence at the scene.
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Determining Liability in Truck Accidents
When filing a claim, your lawyer must first determine liability. This includes establishing the duty of care, the breach of duty of care, causation, and injuries resulting from the breach. A truck accident can involve either one or several liable parties, such as:
- Trucking company
- Truck or parts manufacturer
- Reckless or dangerous drivers
- Government agencies
- Road maintenance contractor
- Commercial truck owner
- Truck maintenance and repair shop
- Other road users like pedestrians and motorists
Liability mainly depends on the cause of the accident. For example, if the accident was due to fatigue driving, the trucking company may be liable for overworking the driver. On the other hand, if it was due to a faulty braking system, the manufacturer of the part, repair shop, or trucking company can be liable.
As your lawyer investigates the cause of the accident, they will also get evidence to determine liability and file a claim with the responsible party.
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Damages in Maxie Truck Accidents
Every truck accident case is different. The damages you can claim depend on your injuries, the effects of the injuries, and the evidence you have to support your claim. It’s vital to keep a good record of events from the day of the accident to ensure maximum compensation.
Your lawyer will use evidence, such as police reports, medical reports, witness statements, pictures of the scene, pictures of your injuries, and more to support your claim. Some of the economic and non-economic damages you may be entitled to include:
- Current and future medical expenses
- Emotional trauma and anguish
- Disability
- Disfigurement and scarring
- Rehabilitation and therapy
- Pain and suffering
- Lost income
- Loss of future income
- Loss of consortium
- Funeral and burial expenses
Truck accidents can be very destructive and cause major injuries, such as traumatic brain injuries (TBIs), spinal cord injuries, traumatic amputation, and other life-altering injuries. Therefore, it’s crucial to claim maximum compensation to help you manage the financial expenses of such damages.
Why Choose Us?
To help victims claim damages as per the law, our truck accident lawyers offer free consultation and work on a contingency basis. This means that you will not have to pay any legal fee until you successfully settle the claim. Our firm gives you peace of mind and allows you to concentrate on healing while we fight for your rights.
If we cannot settle the claim with the at-fault party through negotiations, we’ll file a lawsuit. The judge and jury will hear the case and decide on an award in this case. In some cases, especially in the case of gross negligence, the court may also award punitive damages.
Contact Laborde Earles Injury Lawyers
If you are a truck accident victim or have lost a loved one due to such a catastrophic event, you have the right to file a claim and get maximum compensation. Discuss your case with Laborde Earles Injury Lawyers and learn how to protect your rights and pursue a claim or lawsuit for compensation. Do not delay, contact us today for a free case review.
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