Trucking Accident Attorney Gilbert
Being involved in an accident with a commercial truck is much different from the average passenger car accident. An 18-wheeler accident can cause horrific injuries that can result in death or permanent injuries. A motorcycle or passenger car does not stand much of a chance against a semi-truck that can weigh as much as 80,000 pounds. Because of the sheer weight and size difference between cars and semi-trucks, victims in a truck accident often suffer severe emotional, physical, and financial damages. A trucking accident lawyer Gilbert can help ensure that an accident victim receives a fair settlement in the form of compensation for medical expenses, damaged property, and lost wages.
How a Trucking Accident Lawyer Can Help
Trucking accident investigations are much different from investigations of accidents that involve passenger cars. For example, a lawyer must act fast to ensure the truck’s black box data is not recorded over or destroyed. If the attorney doesn’t send a notice to the owner of the truck, the evidence may be lost. Conducting a comprehensive and thorough investigation is crucial for proving fault. If you’re not able to prove fault, you will not be eligible to receive compensation for damages.
The Trucking Industry
Truckers are responsible for the safe transport of goods. Unfortunately, trucking companies are known to enforce strict quotas and deadlines, which indirectly incentivizes faster delivery of goods. To meet these strict deadlines, a trucker may compromise the safety of other motorists by disregarding industry regulations and by being reckless on the road. When a trucker is negligent, it can result in serious or fatal accidents.
Federal Trucking Laws
Some special regulations and laws govern the trucking industry. A lawyer who doesn’t usually handle trucking accident claims may miss important elements of a case because he or she isn’t familiar with the laws. A truck accident lawyer with experience will understand these laws and how they can be used to establish fault.
An insurance company will aggressively fight a truck accident claim. A truck wreck lawyer will understand the tactics an insurance adjuster will use and the best way to combat them. In some instances, it’s better to negotiate a settlement rather than file a lawsuit. You must have an attorney who has significant experience with this type of case and someone who is also a skilled negotiator.
Filing a Lawsuit
If the insurance company fails to offer a fair settlement, your trucking accident lawyer will discuss with you your other legal option, filing a lawsuit. If you agree, your lawyer will file. Part of filing the lawsuit involves identifying all of the liable parties. In a trucking accident lawsuit, there may be several defendants, including the trucker, trucking company, the tractor-trailer owner, and other parties. It’s important to list all of the defendants to maximize your chance of recovering the compensation you deserve for your injuries and other damages.
How to Protect Your Rights After a Trucking Accident
The most important thing you can do is contact a lawyer as soon as possible.
A truck accident is often well-documented, with numerous logs, records, and witnesses with information regarding what happened. The crucial thing is to ensure that the evidence is gathered by someone with your interests in mind. The sooner you contact an attorney, the sooner they will be able to build a solid case against the at-fault driver. A lawyer is also authorized to speak on your behalf, so they will handle all communication with the trucking company’s defense attorneys and the insurance companies. This means you can focus on your recovery, not paperwork.
What to Do After a Truck Wreck
The first thing you should do is seek medical treatment. A truck accident usually leaves drivers in the hospital, but even if you do not have to be hospitalized, you must still see a doctor. Because of the adrenaline that’s surging through your body, your injuries may not manifest right away. Seeing a physician as soon as possible will not only provide you with critical medical treatment but also creates a medical record that’s directly tied to the accident. if you end up filing an insurance claim, if there is a huge gap between the time of the accident and your visit to the doctor, this can be used against you.
Who Can Be Held Liable in a Trucking Accident?
Several parties can be held liable for your trucking accident. The most obvious are the trucker and the trucking company. If the truck driver was at fault, their employer will be held liable for the damages done to you. Even if the truck driver isn’t to blame, the owner of the semi-truck may be held liable for poor vehicle maintenance. If the truck driver is an owner-operator, then their insurer or employer will be held responsible for your losses. However, there are also cases in which the manufacturer of the truck can be found liable if the accident was caused by a faulty truck part. Companies that provide truck maintenance can also be held responsible if the accident was due to negligent repairs.
Statute of Limitations
In Arizona, the statute of limitations is two years from the date of the accident. Keep in mind, this type of accident requires a thorough investigation, so you must contact an attorney immediately. Doing so will give your lawyer as much time as possible to conduct a thorough investigation before they file.
The total value of a trucking accident case will be the amount of damage the trucking accident cost the accident victim, both mentally and physically. The purpose of paying medical and auto insurance is to cover the costs incurred from the trucking accident. However, if the accident involves something like long-term care, then your regular health coverage may not be enough. The case against the truck’s insurance company increases in value the more it’s needed. However, no two trucking accidents are the same. An accident could cost the driver of the passenger vehicle thousands of dollars in physical therapy costs, while the driver of another passenger vehicle may survive the accident with nothing more than a totaled car. In the first scenario, the passenger vehicle driver is likely to receive a settlement of over $100,000, while the second passenger vehicle driver may only get around $18,000 to $20,000.
The best way to accurately calculate how much your claim is worth is to speak with a trucking accident lawyer. Your lawyer will contact your treating physicians who can predict how much treatment you’ll need. Your attorney can also organize your case and prepare to defend your claim against an insurance adjuster who will do their best to minimize payout.
Contact an Experienced AZ Trucking Accident Attorney
If you have been injured in a trucking accident due to a negligent trucker or trucking company, don’t hesitate to contact a trucking accident attorney in Gilbert at the Ferguson Law Group. Major trucking companies anticipate lawsuits regarding roadway accidents and are often well equipped to combat any legal charges. However, the experienced attorneys at the Ferguson Law Group are ready to help you. Contact our office today to schedule a free consultation to learn more about your legal rights, potential claim value, and find out how our team of legal experts can help you receive the compensation you deserve for your injuries, property damage, and losses.
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