Commercial trucks (also known as “tractor-trailers” or “big rigs”) can weigh tens of thousands of pounds and pose unique risks on the road due to their size, weight, blind spots and lack of maneuverability. There are specific trucking safety rules in place such as the Federal Motor Carrier Safety Regulations which protect truck drivers and other motorists, but these rules are often violated and trucking accidents still occur tens of thousands of times per year according to the National Highway Traffic Safety Administration. Truck drivers are often on tight deadlines and may be led to violate safety rules in order to meet them (such as by exceeding driving hour limits).
Safety rules violations are a common cause of trucking accidents. Other common causes of trucking accidents include:
There are three legal criteria which compose a legitimate trucking accident claim:
Depending on the circumstances of the collision, there may be several culpable parties including the truck driver, trucking company, cargo loader, manufacturer of a defective part and/or government agency responsible for maintaining safe road conditions. Expect each at-fault party to deny responsibility for the accident and blame others.
There may be a number of factors which caused the accident, and an extensive investigation and gathering of facts will likely be necessary. Trucking companies and their insurers will conduct their own “investigation” of the accident with the goal of gathering evidence to deny your claim. From our experience, you will need your own team of experts to prove liability in trucking accident claims. Proving liability may involve interviewing witnesses, obtaining logs and inspection reports, analyzing engine controls and other electronic data, detailed site inspection and obtaining the testimony of specialized technical experts. Each of these tasks require the knowledge and skill of an experienced lawyer.
If you were injured in a trucking accident through no fault of your own, you are entitled to recover for past and future medical expenses, physical pain and suffering, mental and emotional pain and suffering, lost wages, lost earning capacity, property damage and other damages. If someone has died, the victim’s family may be eligible to file a wrongful death claim.
Due to the size and weight of trucks, the results of trucking accidents are often disastrous and result in devastating injuries such as brain, spine, and burn injuries as well as wrongful death. Expect the insurance companies to hire doctors to testify in court that your injuries are not as severe as you say they are. You will need your own medical experts and a skilled lawyer to accurately assess the nature and extent of your injuries.
Do not expect trucking companies or their insurers to have any sympathy for you, no matter how great your suffering. Commercial trucks carry insurance policies, but trucking companies and their insurers fight tooth and nail to avoid financial responsibility for trucking accidents. They will hire lawyers, doctors and technical experts to go to court, blame the accident on you and claim that your injuries are not as severe as you say. This is why you will need a skilled lawyer to achieve a fair result if you were injured in a trucking accident.
Here are some practical steps to follow to preserve your legal rights if you were involved in a trucking accident:
Contact an attorney before contacting the trucking company’s insurance company to preserve your legal rights and avoid insurance tricks like blaming the victim. Do not delay in contacting an attorney. Trucking accident claims are subject to various statutes of limitations and waiting to talk to an attorney may jeopardize valuable legal rights.
James Iagmin has been handling personal injury claims since 1997 and has a proven track record of achieving the best possible results for his clients. Jim is known in the legal community for being an outstanding attorney and also for being kind, compassionate and intelligent. Jim is a recognized leader among personal injury attorneys and served as President of the Consumer Attorneys of San Diego. Jim has achieved success for his clients in the highest-stakes cases and received a number of honors and awards for his skill as a lawyer.
We are a small law firm and manage our case load so that you receive the attention and care you deserve. Our attorneys at Williams Iagmin, LLP are experts at handling the legal aspects of trucking accident claims so that you can focus on your recovery.
Complete this form or call us today if you were injured in a trucking accident and would like to meet with a San Diego truck accident lawyer. You will have the opportunity to meet with an attorney from Williams Iagmin, LLP for up to 20 minutes and learn legal strategies which may help you achieve the result you want. You will receive a well written summary of the facts of your case for free. We offer a no-fee guarantee, which means you don’t pay unless we win your case.
If you or a loved one has been injured in an accident, faced employment issues at work, or been defrauded in a real estate transaction, contact Williams Iagmin, LLP today. Our dedicated and compassionate attorneys are ready to take your case and help you on the road to recovery.
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