Brandy Austin Law Firm PLLC
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Trucking Accident Lawyer

Being in an accident with a semi-truck can be a terrifying experience that leaves you with substantial injuries and property damage. If the accident was no fault of your own but that of the truck driver or trucking company, you may be wondering if you can sue them for their negligence. After all, you wouldn’t be trying to pay off steep medical bills and extra car payments if it wasn’t for them. To determine who can be found guilty in court, it’s important to understand who might be at fault and how to provide that evidence.

Immediately Following the Accident

If it’s possible, first make sure that everyone involved is all right and call the police. Exchange insurance and contact information with the other drivers involved in the accident, and jot down notes detailing how you remember the accident occurred. If any witnesses are present, collect statements from them on what they saw. Take pictures of the accident for later proof, and call your insurance agency to inform them of the situation.

Each of these details should be stowed away should you need them to prove the extent of the damage for an insurance claim or who was at fault in court. Even if you don’t think you were injured, get checked by your doctor and don’t accept the initial payout from an insurance company until you know the full extent of your losses.

Finding a Truck Driver Negligent

There are many ways drivers can be guilty of negligence that caused an accident:

  • Driving more hours without rest than is legally allowed
  • Distracted driving
  • Improper training
  • Aggressive driving
  • Driving under the influence

There are federal regulations determining hours of service and speed limits specifically for trucks, and severe penalties exist, as for any driver, for driving intoxicated or maliciously. If one of these (or more than one) was responsible for the accident, you may have a solid case for suing the driver.

Finding a Trucking Company Negligent

It’s possible for a mechanical failure or faulty part to cause a crash that was beyond the driver’s control. In these cases, the trucking company could be liable for your injuries. The company should conduct regular checks on their trucks to ensure they are in acceptable shape to be out on the road. Failing to do so means their improper procedures caused you a great deal of pain and suffering, and they should compensate you for their mistakes.

If you aren’t sure whether your accident was caused by another’s carelessness, contact a catastrophic injury lawyer in Trenton, NJ to help you sort through the details. He or she may tell you if you have a case worth fighting over.

 


 

Thanks to Davis & Brusca, LLC for their insight into personal injury claims and determining fault for a truck accident.