Truck accidents can come with more serious risks than the typical car accident. Though there are many issues that are the same, there are also those that are much different. If you were involved in an accident with a big truck, an attorney might be the best person to assist you in the following ways.

Getting Your Claim Filed on Time

Each state has a statute of limitations, which is a timeframe for which you have to file your truck accident claim. Many states hover around two years, but your state could only be one year, and could also be up to five years. Your lawyer will understand all the timelines involved in filing a claim so you get it done on time and don’t have to forfeit the right to compensation.

Investigating the Accident

There could be hidden factors at play in your truck accident. Perhaps it seems clear where liability falls, but a deeper investigation turns up evidence that shows otherwise. Your lawyer can arrange an investigation, hire the investigators, and make sure the proper evidence is found. If he or she works on a contingency fee basis, you may not have to pay those investigative costs until settlement.

Explaining Legal Jargon

There may be some terms you won’t understand when dealing with your truck accident. For example, do you know what “hours of service rules” means? Have you ever made time to understand punitive versus economic damages? How about general or special damages? All of these things have specific meanings and they need to be understood if you want a chance at a favorable outcome.

Negotiating the Settlement

During the claims process, you may run into some situations that need to be negotiated. Perhaps the other party is trying to put partial blame on you. Perhaps the insurance company is only willing to pay a certain amount. Things can get complicated, but a lawyer could help you navigate your way through these difficult negotiations.

Preparing You for Court

If you end up going to court because the negotiations aren’t successful, your lawyer could help you prepare to fight for your rights. He or she could put together a compelling case that shows what truly happened and what you deserve to receive in compensation.

Contacting an Attorney to Move the Process Along

If you’re ready to move the process along, it’s time to contact an attorney. Call a truck accident lawyer, like a truck accident lawyer in MD, for more information.

 

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into how an attorney can help you with a truck accident claim. 

Imagine that you’re driving down the road and an unsecured object flies out of the back of a cargo truck in front of you. It can be an absolutely terrifying experience. Truck drivers are supposed to follow specific rules and regulations for properly securing transport cargo, because if they don’t, serious injury and damage can occur.

Cargo Load Accidents

If you’ve ever stood next to a semi-truck, you know just how big they are. The average truck stands 13 feet high with an average weight of 80,000 lbs. When cargo loads are added, they weigh even more. 

These trucks already have a high center of gravity, so if they are not loaded or secured properly, the cargo could shift causing the truck jackknife or rollover. If truck loses control, or an unsecured load spills out of the truck, it can cause high speed obstacles to litter the road. These sorts of incidents can cause chaos and often result in serious injury and death.

Federal Motor Carrier Safety Administration 

The Federal Motor Carrier Safety Administration (FMCSA), under the United States department of Transportation, is responsible for regulating and providing safety oversight of commercial motor vehicles. Anybody who operates a Commercial Motor Vehicle (CMV) in interstate commerce must comply. 

The FMSCA publishes their rules and regulations on cargo securement in a handbook that is easily accessible on their website.  The handbook provides truck drivers with the basic fundamentals and requirements of cargo securement. In addition, it provides detailed information on how to secure the most common types of cargo, including:

• Tree logs & packaged lumber

• Coils of rolled sheet metal

• Concrete Pipe

• Shipping & storage containers

• Automobiles, light trucks, & vans

• Flattened or crushed vehicles

• Heavy vehicles, equipment, & machinery

• Large Boulders

In general, the handbook states that no matter the type of cargo, it must be secured so that it does not:

• Leak

• Spill

• Blow off

• Fall off

• Fall through

• Dislodge

• Shift to the extent that it affects the truck’s stability

What Happens if there is an Accident?

Despite the FMSCA’s best efforts, cargo load accidents do happen. Cargo-spill and cargo-shift accident claims can quickly become complicated and often require independent investigation to determine the actual cause. Trucking companies often argue that the cargo shifted as a result of the accident.

If you or a loved one have been injured by a large truck and/or unsecured cargo, make sure to hire an attorney. You might be entitled to carry out legal action against the driver or truck company. Insurance companies have teams of experienced adjusters, investigators, and lawyers trying to settle your case for as little money as possible.