Are trucking accidents different from a normal auto accident?
In a country that relies heavily on large trucks for transportation, serious accidents happen every day. As such, the Transportation Industry has many regulations including that governing vehicle maintenance and the number of hours a driver can be on the road each day. This is for you and your family’s safety and sometimes those rules are not followed. If you or your family member has been involved in a Trucking Accident you need a law firm that understands the laws and regulations that govern trucking.
What can I do?
With an initial consultation and case evaluation we will inform you of your rights. At the Armstrong Firm, we have dedicated ourselves to passionately fight for you if someone in your family has been injured or killed as the result of a Trucking Accident. Don’t assume that big trucking companies will inform you of your rights in case of an accident, let our experienced team of Attorneys provide you counsel so you can focus on helping your family heal.
Reasons for Trucking Accidents
There are several reasons which are responsible for trucking accidents which are on the rise these days. In order to put a check and regulate the accidents The Federal Motor Carrier Safety Administration (FMCSA) has identified the main reasons as:
1. Carelessness during driving: Instances of speeding of trucks, recklessness on the part of the driver, improper changing of lanes and being inattentive.
2. Extreme tiredness during driving: driving for more than the desired hours, Inconsistencies and inaccuracies in maintaining the logbook and operation of commercial motor vehicles (CMV) in spite of falling ill and being physically incapable.
3. Qualification of the drivers: Possession of expired and illegitimate driver’s license for commercial vehicles and being deemed incapable of operating a truck on medical grounds.
4. Consumption of alcohol and possession of substances considered illegal by the law.
5. The inability of the driver or its owners to properly maintain and repair brakes, lights and other components of the trucks.
6. Levying the truck with excess cargo and non- proficiency in dealing with hazardous substances.
The attorneys at The Armstrong Firm are skilled and equipped with the knowledge to delve into these specific issues, something which is a requisite, in order to file a case that will get justice to the plaintiff. The Armstrong Firm takes pride in claiming that it is because of such understanding that it promises justice to its clients every single time!
The amount of compensation you can claim for an injury:
We, at the Armstrong Firm believe in making our client aware how worth their case is and try our best means to get the equivalent amount from the defendant to cover the costs of injury and recuperation that have to be met by our plaintiff. To determine, how much a truck accident case is worth, our highly experienced attorneys gather evidence and analyze it meticulously. Over the years a few criteria developed in deciding so are:
1. All the hospital bills and medical expenses. This comprises of costs incurred in the past and also which might arise in the future.
2. Graveness of the injury. This concerns how much time and money will be lost of the victim in regaining from his injuries.
3. The income lost. This encompasses the accident victim’s job, his/her education, and other facts which might be helpful in estimating earnings of past and future that might have been lost due to the accident.
4. Trauma and pain. A testimony of the accident victim is taken. Insights regarding his pain, emotional suffering and loss of quality of life can be gauged from this. Also, chances of permanent disability or disfigurement are considered, if needed necessary experts are also consulted.
5. What kind of effect the death of the accident victim has had on his family is judged by our attorneys by meeting the family and analyzing how the death has brought about loss of care, comfort, companionship and other losses within the family.
6. The parties likely responsible for the accident (this would include people that can be arguably legally held responsible for the injuries or death which resulted from a commercial truck accident). These parties may include any of the following: the truck driver, the owner of the truck, both the tractor and trailer (trucking company, waste management company, towing company, construction company), the owner of the freight, the employer of the driver, a parent company of any other company involved, a manufacturer (of the truck, cab, trailer, truck part, car, car part), a third-party maintenance company, the driver of another vehicle, others.
7. The available insurance benefits. All of the above parties have insurance to cover accidents.
The Federal law on rules and regulations related to driving trucks:
So that the safety of the commuters on roads can be assured and negligence on the part of the trucking companies can be put to check, the Federal government has laid down a set of restrictions on the drivers and the trucking companies. These restrictions deal mainly with the fitness of the driver – consumption of alcohol or drugs; the mental state he possesses – illness or fatigue of any kind. Besides these there are strict regulations on the amount of load that a particular truck can carry which in turn depends upon the size, number of wheels of the truck, distance of journey and other related parameters established by the Federal law. But more than often these laws are not just brazenly broken by drivers and their companies but unfortunately also result in damage of public property and accidents resulting in the death of innocent people. More than often, people are unaware of their privileges and hence are incapable of retrieving their losses from these trucking companies. We, at The Armstrong Firm feel strongly about this issue. The attorneys at The Armstrong Firm solemnly fight for the rights of their plaintiffs and ensure that justice is provided to them at all cost. With the history that the firm possesses in handling truck accident lawsuits, it comes as no surprise that our clients are always bound to get their due. It is this kind of understanding that makes The Armstrong Firm highly capable of fighting for its plaintiff and coming out victorious every time. We believe that any regulation or statute violated is proof enough of the negligence on the part of the driver or trucking company and which should result in the victim of the accident seeking for compensation.