Frequently Asked Questions
Answers from Proven Truck Accident Lawyers
Do I have grounds to sue for my accident?
truck accidents are unavoidable but many can be directly attributed to negligence on the
part of the truck driver. If your accident was caused by the trucker's
careless or reckless actions, then you most likely have grounds to file
a personal injury or wrongful death claim to recover monetary damages.
You simply should not be forced to pay the price for an accident that
you did not cause.
How do you prove that the trucker caused the accident?
When we represent a client in legal action over a truck accident, we conduct
accident investigation to find any and all evidence to support our client's claim for damages.
Any failure on the part of the driver to take reasonable precautions to
avoid an accident may be used as evidence of fault. For example, if the
drinking and driving or was distracted by texting on a cell phone, then this could be used
to demonstrate that he or she was negligent. We frequently engage the
services of accident recreation specialists and engineers who assist us
by providing expert testimony to prove that the trucker's actions
are the cause of the accident.
Aren't there rules to prevent tired truck driving?
Trucker fatigue is a major problem on the roads and highways of the U.S. as
tired drivers have longer reaction times and reduced judgment capability. To combat
this threat, the Federal Motor Carrier Safety Administration (FMCSA) enforces
hours of service regulations. These rules place limits on the amount of
time a trucker can spend behind the wheel before stopping to rest. Many
drivers, however, violate these regulations and attempt to get away with
it by falsifying their logbooks. The FMCSA has recently proposed a new
rule which would require trucking companies to install
electronic on-board recorders, devices which would automatically monitor and report the hours when the
vehicle was on the road and when it was stopped. The fact that the driver
was in violation of the hours of service regulations may be used as evidence
in an accident claim.
What if the accident was caused by a mechanical breakdown?
While truck accident claims are often based on evidence that the truck
driver is at fault for causing the accident, there are also many cases
in which the trucking company is responsible for the collision. For example,
the company may be at fault for a
failure to maintain the truck, for loading
, or for various types of
trucking regulation violations. The goal in the case is to accurately determine who is responsible
for the accident and to hold that party accountable.
How much is my case worth?
There is no way to predict with certainty how much you will receive if
you win your case, but there are guidelines for estimating how much you
have a right to demand in a settlement. The purpose of claiming monetary
damages for your accident is to restore you as near as possible to your
pre-accident condition and to ensure that you are not forced to shoulder
the economic burden of the other party's negligent actions. You can
claim compensation for all of your medical expenses for emergency treatment,
hospitalization, and surgery, as well as for any type of rehabilitative
care, medication, or equipment you may require. Your claim can additionally
include compensation for your lost income and reduced earning power. You
could also receive damages for the pain, suffering, and emotional distress
that you have been forced to experience.
What can I do to increase my chances of success?
Keep records of every aspect of the impact that your accident has had on
your life. This includes all receipts and bills for medical expenses as
well as notes about the income you have lost during your recovery. You
should also keep a journal of how your injuries have impacted your ability
to enjoy your life. This type of evidence can be useful in proving the
scope of the losses you have suffered. Contact us at Meyerkord & Meyerkord
as soon as possible after your accident to discuss your legal options
and to take the first steps in your case.
For additional information your truck accidents and your rights after an
injury, contact our truck accident lawyers today. The sooner we hear from
you, the sooner we can help.