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Commercial trucks pose a significant risk to all motorists on the road. Despite their obvious utility in moving cargo across the state or country, their massive size makes them unable to see smaller vehicles in close proximity and makes the vehicle slow to stop in an emergency. The injuries sustained in a truck accident can have the potential to devastate an accident victim’s life. If you were involved in a commercial truck accident, a Montrose truck accident attorney at the Amaro Law Firm may be able to help. An experienced attorney at our firm can explain the laws that govern the trucking industry and demonstrate how the truck driver’s failure to follow those rules resulted in your injuries.
Every truck driver assumes a duty to drive safely and protect other motorists on the road. This includes obeying speed limits, yielding when required, stopping at stop signs, and refraining from texting when driving.
However, the trucking industry has additional rules. One of the most common violations that can result in a collision is the restriction on the trucker’s drive times. The Federal Motor Carrier Safety Administration implemented a law that prevents a truck driver from being on the road for more than eleven hours after ten hours of rest.
Additionally, a truck driver is not allowed to drive for more than sixty hours in seven consecutive days. Violating this law can result in exhaustion that will reduce the trucker’s reaction times, increasing their chances of an accident. A Montrose truck accident lawyer can investigate the cause of an accident to determine how the trucker failed to uphold their duty of care on the road.
There’s no doubt that truck collisions have the potential to result in fatalities or catastrophic injuries. A moment of inattentiveness or a simple lapse in judgment behind the wheel can lead to an accident that can devastate the lives of others.
Examples can include:
Each of these scenarios places other motorists on the road at risk of severe harm.
However, an accident victim is only able to receive compensation for their injuries and other losses if they can prove the truck driver was negligent.
Because of the massive weight and size of commercial trucks, auto accidents that involve a commercial truck and a passenger vehicle often result in catastrophic injuries, such as:
Brain injuries/traumatic brain injuries
If a loved one died as a result of the bodily injury sustained in the accident, speak with a personal injury lawyer concerning filing a wrongful death claim.
An accident attorney knows the importance of proving fault as soon as possible. A trucking company’s insurance carrier will send people out to the scene of the accident as soon as possible to gather evidence. A skilled accident attorney will also visit the scene of the accident to obtain evidence, such as photos and video of the accident scene, and the damage done to all vehicles involved. A personal injury lawyer will also request important evidence from the trucking company, such as vehicle maintenance records, the truck’s data recorder, employment records, the truck driver’s logbook, and other information that can help strengthen your case.
Our attorneys can work with specialists, such as an accident reconstruction expert and experts in the trucking industry, to demonstrate that the truck driver was to blame for the accident.
In some cases, the trucking company can also be held responsible for the accident, especially if records indicate that the truck driver was pressured to drive more hours to deliver a load on time or the trucking company cut corners on truck maintenance, which may have contributed to the accident.
A personal injury lawyer can help to identify all possible liable parties and file an insurance claim or lawsuit to hold the negligent parties responsible for the harm they have caused. Compensation in a trucking accident claim can depend on the injuries you sustained, how much time you missed at work, property damage value, and other damages, such as emotional distress and pain and suffering.
Damages available in a truck accident case can include:
Insurance companies will be quick to offer you a settlement. Unfortunately, these settlement offers are never enough to cover the cost of all of your losses. An insurance company will make a quick settlement offer, knowing you’re recovering from injuries and struggling financially. An insurance adjuster will also request you make a statement and ask to record it, after which, they will review your recorded statement and look for ways to use it against you. Avoid speaking with an insurance company. Instead, speak with a commercial truck lawyer as soon as possible. An attorney at the Amaro Law Firm will take over all communication with an insurance company and their defense attorneys to protect your claim and prevent you from accidentally saying something that may harm it. They will also negotiate with insurance adjusters and fight for full and fair compensation. If settlement negotiations fall apart, our attorneys will discuss the other legal options available. If you agree, we will proceed with filing a lawsuit and present your case in court before a judge and jury.
If you were involved in a trucking accident and sustained catastrophic injuries, now is the time to act. Contact the Montrose personal injury attorneys at the Amaro Law Firm today. Our lawyers will take every necessary step to help you receive the compensation you deserve while you concentrate on your recovery and getting your life back in order. Contact our law firm today to schedule a no-obligation consultation and let us discuss your legal options and how our experienced truck accident attorneys can help.