Being involved in an 18 wheeler accident can be a traumatic and life-altering experience. These types of accidents often result in serious injuries or even death, and can leave victims and their families struggling to cope with the aftermath. If you or a loved one has been involved in an 18 wheeler accident, it is important to seek the help of an experienced attorney to ensure that your legal rights are protected and that you receive the compensation you deserve. With so many lawyers to choose from, finding the right attorney can be overwhelming. However, by understanding the role of an 18 wheeler accident attorney and what to look for when selecting one, you can make an informed decision that can make all the difference in the outcome of your case.
Reasons to Hire an 18 Wheeler Accident Attorney
If you’ve been involved in an accident with an 18-wheeler, you may be wondering if you need to hire an attorney. The answer is almost always a resounding yes. Here are the top 10 reasons why hiring an experienced 18-wheeler accident attorney is essential:
1. Understanding Complex Trucking Regulations
Trucking companies and their drivers are governed by a variety of complex state and federal regulations. An experienced attorney understands these regulations and can help you hold the responsible party accountable for any violations.
2. Determining Liability
Determining fault in an 18-wheeler accident can be challenging. It may not be immediately apparent who was ultimately responsible. An attorney can assist in the investigation and determine who should be held liable for the crash.
3. Investigating the Scene of the Accident
Preservation of evidence is crucial in an 18-wheeler accident case. The trucking company will immediately launch an investigation, and so should you. An attorney can help you by hiring investigators and experts to gather evidence and determine what caused the accident.
4. Maximizing Your Compensation
An experienced 18-wheeler accident attorney can help you receive the maximum amount of compensation that you are entitled to. This includes compensation for medical expenses, lost wages, and pain and suffering.
5. Dealing with Insurance Companies
Insurance companies are interested in paying out as little as possible in damages. An attorney can help you navigate the claims process and deal with the insurance companies on your behalf.
6. Filing Your Lawsuit in Time
Every state has a time limit or statute of limitations for filing a lawsuit. An attorney can help ensure that your lawsuit is filed within the time frame set by the applicable statute of limitations.
7. Advocating for Your Rights in Court
If your case goes to trial, an attorney can represent you in court and advocate for your rights. They can present evidence and expert testimony to support your case and ensure that you receive a fair settlement.
8. Negotiating a Settlement
Many 18-wheeler accident cases are settled out of court. An attorney can negotiate with the other party’s insurance company to obtain a fair settlement for your injuries and damages.
9. Reducing Your Stress
Being involved in an 18-wheeler accident can be a traumatic experience. Hiring an attorney can help alleviate some of the stress and anxiety associated with dealing with the aftermath of the accident.
10. Providing Peace of Mind
Finally, hiring an 18-wheeler accident attorney can provide you with peace of mind. Knowing that you have a competent and experienced professional fighting for your rights can help you focus on your recovery and moving forward with your life.
In conclusion, hiring an 18-wheeler accident attorney is essential when you’re involved in an accident with a commercial truck. The lawyer can provide legal representation, evaluate the evidence, and help you receive the compensation you deserve. If you have been in an accident, don’t hesitate to contact an 18-wheeler accident attorney today.
What to Do If You Are Involved in an 18 Wheeler Accident?
Getting into an 18 wheeler accident can be a very traumatic experience. The sheer size and weight of these vehicles means that they can cause serious damage to other vehicles and their occupants. Here are some steps that you can take if you are involved in such an accident:
1. Seek Medical Attention
Your health and safety should be your top priority after an accident. Seek medical attention immediately, even if you do not feel any pain or discomfort. Some injuries may not be immediately apparent but can manifest themselves later on. Keep a record of any medical treatment that you receive and follow up with your doctor regularly.
2. Call the Police
Contact the police to report the accident. They will attend the scene, gather evidence, and create a report that can be used later as evidence in court. Do not admit fault or discuss the accident with anyone until you have spoken to the police.
3. Take Photos and Videos
If possible, take photos and videos of the scene of the accident, including damage to the vehicles and any injuries sustained by you or your passengers. This can be used as evidence later on and can help your attorney build a case.
4. Exchange Information with the Other Driver
Exchange contact information with the other driver, including their name, address, phone number, and insurance details. Avoid discussing the accident or admitting fault.
5. Speak to Witnesses
If there were any witnesses to the accident, speak to them and gather their contact information. They may be able to provide valuable evidence in case of a legal dispute.
6. Contact Your Insurance Company
Contact your insurance company as soon as possible to report the accident. They will start the process of assessing and processing your claim.
7. Do Not Accept Any Offers from the Other Party’s Insurance Company
The other party’s insurance company may try to offer you a quick settlement. Avoid accepting any offers until you have consulted with an attorney who can advise you on your legal options.
8. Seek Legal Representation
Contact an experienced 18 wheeler accident attorney who can help you understand your legal options and provide guidance on how to proceed. They can also represent you in court if necessary.
9. Preserve Evidence
Preserve any evidence related to the accident, including medical records, police reports, witness statements, and photos and videos. This can all be used to support your case in court.
10. Be Patient
Legal proceedings can be lengthy and complex, especially in cases involving 18 wheeler accidents. Be patient and trust that your attorney will work tirelessly to get you the compensation that you deserve.
What determines who is liable in an 18 wheeler accident?
1. Negligence of the truck driver
One of the factors that determine liability in an 18 wheeler accident is the negligence of the truck driver. Negligence can refer to any actions or inactions of the driver that can be considered unreasonable and can lead to an accident. Some examples of driver negligence include distracted driving, drunk driving, speeding, reckless driving, and failure to yield.
2. Negligence of the trucking company
The trucking company that owns the truck can also be held liable for an accident if their negligence contributed to the crash. Negligent actions on the part of the trucking company can include failing to maintain the truck properly, overloading the vehicle, and failing to ensure the driver is properly licensed, trained, and screened for drug and alcohol use.
3. Negligence of the cargo loading company
If the cargo in the 18 wheeler was not properly loaded or secured, it can also cause or contribute to an accident. In these cases, the company responsible for the loading of the cargo can be held liable for any resulting damages.
4. Negligence of the manufacturer
In some cases, defects in the truck or its parts can cause an accident. If this is the case, the manufacturer of the truck or parts can be held liable for the damages. Defects in the brakes, tires, or steering system are examples of issues that can cause a truck accident.
5. Comparative negligence
Finally, in some cases, both parties may share the liability for the accident. This is known as comparative negligence, and it is determined by the degree to which each party contributed to the accident. If the injured party is found to be partially at fault, their compensation may be reduced.
| Party at Fault | Liability |
|---|---|
| Truck Driver | Negligence |
| Trucking Company | Negligence |
| Cargo Loading Company | Negligence |
| Manufacturer | Defects |
| Both Parties | Comparative Negligence |