Trucking Accident Lawyer
Being involved in an accident with a truck is different from being involved with another automobile. By nature of the size of their vehicles, injuries and life-long damages are often catastrophic. Because there are different laws that regulate the trucking industry, it is important to contact an attorney experienced in truck accidents.
In a truck accident, you will need to determine who exactly to pursue damages against in a personal injury claim. There are state and federal laws that regulate the trucking industry to examine when looking at fault. The two agencies that regulate the commercial truck industry are the Federal Motor Carrier Safety Administration and the US Department of Transportation. There is a department of transportation in each state as well to control commercial trucking travel within their state.
Truck drivers and companies are required to conform to a number of laws. Working with your attorney and through research will determine what laws, if any, were violated and the cause of your accident. These laws include:
Mandatory Rest for the Driver
There are laws regulating the amount of time the driver is permitted to drive the truck before they stop for a rest. There are devices on the truck that record this information.
Commercial Driver License
In order to operate a commercial vehicle, the driver has to have the proper legal license.
Weight Limits on Load
How much weight can be carried on a truck is dependent upon the truck’s size. Examining the contents of the truck at the time of your accident and the weight records should be included in your attorney’s accident investigation.
If it can be proven that there was something mechanically wrong with the truck and it contributed to causing the accident, you may be able to file a claim against the supplier, manufacturer or mechanic that serviced the truck.
Who is Liable in a Truck Accident Case?
In order to be successful when pursuing a personal injury case for your truck accident, you have to prove that someone was liable for your injuries and damage. That may be the truck driver, the company they work for, or the manufacturer of a defective part that you can prove contributed to the accident.
You can incontrovertibly prove negligence if you can show that the trucking company or the driver violated the law. This is known as ‘negligence per se’.
There are many ways to illustrate that the truck company was negligent. Hiring a competent and experienced truck accident lawyer.
Damages are expenses you incurred or expect to incur as a result of the accident. Included in damages could be:
- Expenses associated with the accident
- Any pain and suffering brought about because of the accident, including stress, anxiety, mental and physical pain
- Wages lost because of time off taken as a result of the accident
- The potential wages lost in the future because of permanent injuries
- Additional damages that your attorney deems specific to your accident and injuries
Contact an Attorney
If you or someone you love has been the victim of a truck accident, filing a claim can be more complex than if you were involved with another automobile. A truck accident lawyer Lakeland, FL relies on can research all aspects of your accident and determine the best course of action to pursue on your behalf.
Thank you to our friends and contributors at David & Philpot, P.L. for their insight into negligent truck accident claims.