Truck Accident Attorney

There’s been serious new concerns about the frequency of truck accidents due to ongoing supply chain hurdles that are increasing prices and scarcity for consumers across the country. Why are these two seemingly separate problems related?

Truck companies are struggling to maintain both their drivers and equipment. Some companies may bend federal regulations to meet the demands of distributors and consumers. For example, they may have an official policy that drivers must not exceed the 11 consecutive hours of maximum driving in a 14-hour period (plus an extra two hours in certain conditions), but at the same time they tie bonuses to delivery targets that are difficult or impossible to reach with those hour restrictions.

There might be penalties if a driver doesn’t meet certain delivery deadlines, and drivers could run into unexpected problems like traffic from construction or weather. It’s not uncommon for drivers to feel compelled to break the rules to get paid the money they need to support their families or keep their jobs.

This can unfortunately mean an increased risk for accidents and injuries for other commuters and passengers on the road.

Defensive driving is always important on the road, but it’s doubly important when you’re driving in the vicinity of large commercial vehicles. There are also some unique risks posed by these trucks due to their length and size.

One of the most obvious things you can do to stay safe is to give trucks a wide berth, especially when passing. Keep in mind, trucks will increase speed when going downhill and will require added room to make turns. Avoid attempting to pass a truck in either situation if you don’t know if you can do so safely. Don’t forget to use your indicators when you’re passing or merging near a truck.

Trucks can have much larger blind spots than some commuter vehicles. Don’t assume the truck driver can see you, especially if your car is low to the ground or you’re potentially in the driver’s blind spot. Always watch trucks closely if you do end up in their blind spot so you can react if the truck driver begins changing lanes.

Also keep in mind how much longer it can take for a loaded semi-truck to slow down or stop. Being aggressive or impatient around a truck may lead to avoidable collisions that could put you or your passengers at risk for serious injuries.

A commercial truck accident lawyer specializes in claims that involve semi-trucks. Semi-truck accidents are often more complex than passenger vehicle accidents. The resulting injuries are often more severe, and the damage is more costly. Additionally, there are more parties involved in the settlement process.

In a car accident case, you go against the other driver and their insurance company. However, in truck accidents, you’re often squaring off with the driver, the trucking company, and sometimes third-party individuals like maintenance providers. For these reasons, hiring a truck accident lawyer familiar with the process is essential.

Trucking companies can be massive organizations, employing hundreds of individuals. With companies of this size come large legal teams who are paid the big bucks to absolve the companies of liability. These attorneys work hard to deny insurance claims, minimize settlement amounts, and get their drivers off the hook. You must ensure that you have just as diligent a legal team working to protect your rights, secure compensation, and hold truck drivers and trucking companies accountable.

There are three types of compensation available in a truck accident settlement: economic damages, non-economic damages, and, rarely, punitive damages. Punitive damages are awarded in less than 5% of all personal injury claims. However, speak with a truck accident lawyer today to see if your case may qualify for this unique type of compensation.

• Economic Damages. These are quantifiable damages that reimburse you for the financial costs associated with a truck accident. Examples include medical bills, lost wages, and compensation for property damage.
• Non-Economic Damages. These are non-quantifiable damages that compensate you for pain and suffering. Examples can include compensation for emotional distress and PTSD, loss of enjoyment of life, and loss of relationships.

Punitive Damages. Punitive damages are designed to “punish” the responsible party for gross negligence, recklessness, or criminal action. These damages are often added to settlements as a cautionary tale to other individuals and companies —a warning to deter others from taking similar actions in the future.

How long you have to file a truck accident lawsuit will depend on the state in which you reside. Each U.S. state has its own statute of limitations regarding personal injury claims–usually within several years of an incident.

However, there are exceptions to the statute of limitations. Sometimes, serious injuries are not apparent immediately. Or more severe complications arise later. Most statutes of limitations apply to the date an injury is discovered. Speak with an experienced truck accident attorney today to see how long you have to file a claim. Don’t wait, as time may be running out.

The difference between a regular car accident and a truck accident claim mainly lies in the complexity of the case, the parties involved, and the regulations governing trucks. There are more moving parts in truck accident cases than in passenger vehicle crashes.

• Typically, a car accident involves two private parties. In a truck accident, multiple parties can be involved, such as the truck driver, trucking company, vehicle manufacturers, maintenance providers, or even freight companies. This adds more layers of complexity to the claim.

• State traffic laws and regulations primarily govern car accidents. Trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and state-level commercial vehicle laws. These rules cover truck driver hours of service, truck maintenance, and weight limits. Violations of these regulations can play a significant role in establishing liability.

• In car accidents, the driver’s auto insurance is usually involved. However, trucks must carry much higher liability insurance coverage because of the potential for more severe damage and injuries. Commercial truck insurance policies are more complicated and can involve the truck driver’s insurance, the trucking company’s insurance, and sometimes even the freight company.

• Liability in car accidents is typically determined by assessing fault, often between two drivers or one driver and the insurance company. Liability in a truck accident can be more complicated as there are more factors to consider.

• Injuries in a car accident are usually less severe than in a trucking accident. Due to the size and weight of commercial trucks, accidents involving trucks often result in more serious injuries or fatalities.

• Car accidents are generally less complex when it comes to evidence.

• Claims for car accidents usually have lower values because of lower medical expenses and property damage. Truck accident claims are worth more.

If you’re searching for a “truck accident lawyer near me” but are wondering about your potential financial obligation, call Kanner & Pintaluga today. Our lawyers operate on a contingency basis only. This means we don’t get paid if you don’t win.

Working on a contingency basis means we take zero money upfront and move forward with representation before accepting any payment. Your legal fees will come from your final settlement and are based on a percentage of your total earnings.

You can still file a claim if you were partially at fault for the truck accident. However, the amount of compensation you receive may be affected by the degree of fault assigned to you.

Most states have something called “comparative negligence” laws. These laws allow you to file a claim even if you’re partially responsible for an accident. However, your total settlement amount may decrease if an investigation determines you’re partially liable for the crash.

However, it’s crucial to know that the cause of a truck accident isn’t always readily apparent. You may be unaware of factors–such as regulation violations, maintenance issues, driver behavior, and more. For this reason, it’s imperative to hire an experienced truck accident law firm to conduct a thorough investigation on your behalf before accepting a low settlement offer.

Since truck accident cases are more complex than passenger vehicle cases, you can expect it to take longer than average to settle. This is mainly due to the number of involved parties and the legal regulations surrounding the trucking industry.

Most truck accident settlements are resolved within a few years. How long your case takes will depend on various factors, including the other party’s willingness to negotiate and whether your claim proceeds to trial.

Yes, having an experienced semi-truck accident lawyer on your side is always best. Having the right legal representation is essential to securing the maximum possible settlement.

Remember, trucking companies have vast legal teams that are paid a lot of money to absolve their clients of responsibility. You need a legal team working tirelessly on your behalf to ensure this doesn’t happen. Insurance companies are infamous for offering settlements that aren’t up to par with what victims deserve — they work in the truck driver’s and company’s best interest, not for you. A diligent truck accident lawyer will fight for your rights.

There are several common injuries in truck accidents:

• Whiplash and Neck Injuries

• Traumatic Brain Injury (TBI)

• Concussions

• Spinal Cord Injuries

• Internal Injuries and Organ Damage

• Broken Bones

• And More

Since semi-trucks are so large and heavy, injuries from accidents are often severe. These injuries can be life-changing, and some victims never fully recover. You may be facing years of lost wages and extensive medical bills. Speak with a truck accident attorney today and get the compensation you deserve.

Please know you do not have to speak with a trucking company’s insurance adjuster following an accident —and you shouldn’t. If they contact you, remain calm and politely decline to give a statement. You may direct them to contact your attorney.

Keep records of all communications with the adjuster, including dates, times, and the content of the conversation, and make your legal team aware of the contact immediately. At Kanner & Pintaluga, we handle all official correspondence on your behalf, relieving you of the associated stress so you can focus on your recovery.

You can pursue legal action against both the truck driver and the trucking company, depending on the circumstances of the accident. Speak with a semi-truck accident lawyer today to determine the best course to take for your claim.

• When you can sue a truck driver: You can sue a truck driver directly if they are negligent, reckless, or violated traffic laws. Examples include fatigued driving, distracted driving, driving under the influence, and other factors like speeding or reckless driving.
• When you can sue a trucking company: There’s a legal principle that an employer can be held responsible for the actions of its employees if those actions occurred within the scope of their employment. This legal precedent allows you to sue a trucking company if their driver injures you in an accident. A trucking company’s responsibility may include negligent hiring practices, inadequate employee supervision, negligent truck maintenance or loading, or violating safety regulations.

It’s often beneficial to pursue claims against both parties to secure multiple sources of compensation. Usually, drivers and trucking companies share liability regarding an accident.

Uninsured and underinsured drivers are one of the largest liabilities on the road. When it comes to semi-trucks, there are stipulations regarding how much coverage a driver and company must carry. If either of these parties failed to maintain appropriate insurance coverage, you may be able to file lawsuits against these parties specifically instead of going through the insurance companies.

It’s important to note that truck accident claims that result in civil lawsuits are more complex than negotiations with insurance companies and, therefore, require particularly knowledgeable and diligent truck accident lawyers working on the case.