Large trucks travel in and out of Utah by the thousands each day, supporting the local and national economies. While Utah depends on commercial trucks for the transportation of goods, they put regular road users at risk. The enormous size and weight of large trucks greatly increases the damage they do to smaller vehicles in collisions. Victims of truck accidents can face significant losses, including permanent disabilities.
Need immediate legal help after a truck accident? Give our Taylorsville truck accident attorneys a call for a FREE consultation. We are available 24/7 to help you with any questions, anytime.
Crashes with commercial trucks are different from typical car crashes in Utah. They involve the trucking company, its employees, and the company’s insurer. Federal law makes trucking companies liable for accidents involving their drivers, equipment, or fleet vehicles. Even if the driver is an independent contractor, the company may be vicariously liable for his or her actions. Suing a trucking company or negotiating with its insurer can be difficult without an attorney. The company may try to take advantage of you and convince you to settle for less.
Working with a truck accident attorney after an accident can improve your chances of going home with maximum compensation. This can mean reimbursement for your medical bills, property damage, lost wages, physical pain, and emotional suffering. If the truck driver was grossly negligent (e.g. he/she was drunk behind the wheel), you may be eligible for additional punitive damages. An attorney can take over communications with insurance companies on your behalf and take care of litigation processes. That way, you can focus all of your energy on healing from injuries.
If you or someone you love sustained injuries or other damages in a trucking accident, you will have to deal with insurance companies at some point in the process. Trucking companies and their agents have experienced insurance adjusters at their disposal, so negotiating with them requires the skill and knowledge of a trucking accident attorney.
Insurance companies have the benefit of experience and work with many trucking companies following an accident. An insurance claims adjuster may sound sympathetic and sincere during an initial discussion, but it’s important to remember that they work for the party you’re pursuing a claim against. As such, they don’t have your best interests in mind. Trying to negotiate with them on your own, or settling for the first offer they present, would be a mistake. An attorney is best suited to negotiate on your behalf and demand fair and full compensation for your economic and non-economic losses.
Following a trucking accident, keep the following dos and don’ts in mind to protect your right to compensation under the law.
The best way to deal with insurance companies following a truck accident is to hire an attorney to represent your rights as soon as possible. Due to the serious nature of these accidents, truck crashes usually involve large amounts of damages – you and your loved one may have suffered extensive injuries and will require intensive medical care. At times, the rehabilitation and recovery period can take months or more. Hiring an attorney allows you to focus on the healing process while your attorney takes on the responsibility of negotiating with insurance companies and obtaining a fair settlement.
Getting a truck accident attorney involved can also encourage insurance adjusters to take your claim more seriously. He or she will make your case as strong as possible and guide you through the process of getting a settlement that compensates for your monetary and non-monetary losses. If you or a loved one suffered injuries in a trucking accident, contact us and schedule a free initial consultation as soon as possible.
In our years representing truck accident victims in Taylorsville, the lawyers at Fielding Law have come to recognize some collisions that occur repeatedly. The size and shape of 18-wheeler accidents can make for more serious injuries. Each type comes with its own risks to drivers and passengers. They are as follows:
Recognizing your type of truck accident could point to its proximate cause. For example, knowing that your crash involved a jackknifed big rig could mean the truck driver failed to properly brake, losing control of the vehicle and causing your accident. A thorough investigation of your accident can lead to more definite answers about what may have caused the wreck and who might be responsible.
Truck drivers have a higher duty of care than private individual drivers for two main reasons: they are driving as a work-related duty and their vehicles are much larger and heavier and, therefore, more dangerous in accidents than smaller passenger cars. When truck drivers fail to adhere to an acceptable duty of care while driving and injure other drivers, their employers incur liability for the resulting damages. The exception to this rule applies to cases where truck drivers use drugs or alcohol, drive without adequate rest, or otherwise act negligently outside the scope of their employers’ expectations and requirements.
If a vehicle defect or faulty truck part causes a crash, the product manufacturer will likely absorb liability. Product manufacturers must ensure their products perform as advertised and include all necessary safety warnings and instructions for proper use. If a defective product causes a plaintiff’s damages, the plaintiff does not need to prove the manufacturer was negligent, only that the product in question was defective and the defect caused the accident.
Trucking companies must ensure their trailers are secure and special cargo has the proper safety mechanisms. Cargo like lumber, construction vehicles, small cars, concrete piping, and other large items require special security measures. Companies must also make sure their trucks receive proper maintenance. Tractor-trailers spend more time on the road than most other vehicles and require more extensive maintenance. If poor maintenance causes an accident, the trucking company will likely absorb liability for the resulting damages.
One of the most important steps in pursuing compensation for a truck accident is identifying the proximate, or main, cause. Identifying what caused or contributed to the wreck can determine the liable party or parties. Evidence to proof causation may include eyewitness accounts of the crash, a look at the driver’s behaviors before the accident, and the electronic logging device on board.
A Taylorsville law firm can help you identify the cause of your accident with an investigation. It may be one of these common reasons:
Determining the cause of your crash is the first step in pursuing compensation. If you were partially responsible for the accident, you may still be able to recover. Utah is a comparative negligence state, meaning that the courts may allocate a percentage of fault to the injured party yet still award compensation. As long as the injured party’s fault is at or below 50%, he or she is still eligible for compensation. The courts will simply deduct the amount by the percentage of fault.
It can be difficult to think about truck accidents objectively, especially if such a crash has recently impacted you or a loved one. Yet studying the data on trucking accidents in the state and local region can help you understand the severity of this issue. Learning about the number of accidents, common causes, and locations of truck accidents can help you increase your own safety. Here are the most recent facts available for Utah and Taylorsville:
Interstate 80 is a major trucking route in Utah. It runs from New York City to San Francisco via Utah. To truckers, I-80 is a network of available routes. Thousands of commercial trucks pass through Utah every day, using I-80 and its freight feeders to carry time-sensitive freight like perishable foods. During harvest season (June through October), refrigerated commercial trucks account for about 40% of total truck traffic on I-80. With so many time-sensitive trucks on Utah’s roadways, the odds of a collision are relatively high.
Personal Injury Lawyer At Fielding Law, cares deeply about the futures of our clients. We make it our mission to fight aggressively for the recovery injured truck accident victims deserve. We dedicate our full attention to each and every case we accept. We always offer detailed, personal services. Our team won’t let a major trucking company take advantage of you after a crash. We’ll go up against the defendant in a court of law if necessary to argue for just compensation. To talk to one of our lawyers about your case, call (801) 666-2912, or contact us online. We’re happy to discuss your potential claim in person or over the phone, whenever it’s convenient for you.
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