by condormarketing
18-Wheeler Accident Lawyer
When putting together a truck accident claim, it is just as important to avoid taking the wrong steps as it is to take the right ones. Chances are you have never built such a claim, though, so you are not entirely sure what to do—or not do—to give it the best chance of success. The easiest way to determine the best path forward in your unique situation is by consulting an 18-wheeler accident lawyer. A knowledgeable, experienced personal injury attorney can help you navigate every stage of the process. Your lawyer will also ensure you avoid critical missteps along the way.
Let’s now take a look at the 10 most common mistakes that truck accident victims tend to make in the wake of a wreck.
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Putting Off Treatment
You should visit a doctor as soon as possible after leaving the scene. Postponing medical care could result in serious complications for which you are deemed liable. As such, truck accident attorneys encourage clients to undergo a comprehensive exam right away.
In addition to starting you on the road to recovery, seeking treatment sooner rather than later will show the insurance adjuster that you were committed to mitigating damages. This, in turn, will make it harder for the opposing party to shift some liability your way.
Moreover, never refuse a medical exam by paramedics at the accident scene, and never argue if they want to transport you to the hospital. By refusing immediate medical attention, you risk not only your health but also give the trucking company and its insurers a way to argue your injuries are unrelated to the accident. This is especially risky if you wait days, weeks, or months to seek medical treatment.
Getting immediate medical attention ensures your injuries are documented and linked directly to the crash.
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Failure to Follow the Doctor’s Instructions
Similarly, you should always follow your doctor’s treatment instructions. Failing to follow through with medical treatment could cause your injuries to worsen over time. This can negatively impact your prognosis and the compensation you recover in your truck accident claim.
Ignoring your doctor’s instructions gives the insurance company room to argue you failed to mitigate your losses by allowing your physical condition to deteriorate and do not deserve full compensation.
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Being Dishonest About Injuries
Exaggerating your injuries can harm your claim. While you should never downplay the nature of your injuries, you also shouldn’t overstate them.
If you exaggerate your injuries and the insurance company later discovers that your injuries weren’t as severe as you made it seem, they might reject your claim.
Be honest when describing your injuries to the insurance adjuster, including any pre-existing injuries you had at the time of the accident.
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Giving A Statement to The Insurance Adjuster
An insurance adjuster may contact you after a truck accident to ask for a written or recorded statement. Never agree without consulting a truck accident lawyer first.
Insurance adjusters are trained to ask questions to elicit responses that can be used against you when taken out of context. You are better served by letting your 18-wheeler accident lawyer handle all communications with the insurance company.
Your attorney can provide the insurers with the information they need to process your claim while protecting your best interests.
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Admitting Fault at The Crash Scene
After an accident, it is natural to want to say, “I’m sorry.” Whether your instinct to apologize is because you believe you were at fault for the crash or because you want to offer sympathy to others, you should never make any statements that can be interpreted as admitting fault.
You may not know all the facts even if you think you caused the crash. An investigation could uncover evidence proving that another party bears at least partial fault for the collision. But if you admit fault, you give the trucking and insurance companies evidence to argue that you are wholly or partly to blame for the truck accident and your losses.
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Not Documenting the Scene
Evidence will quickly be lost, so quickly gather as much information as possible by:
- Obtaining information from the truck driver, including their driver’s license number, tag number, and insurance information
- Writing down company information on the cab
- Taking photos of vehicles involved, different angles of the accident scene, any debris on the roadway, and any skid marks
- Getting names and contact information for witnesses
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Discussing the Situation on Record
If the insurance adjuster requests a statement, it’s wise to defer to your 18-wheeler accident lawyer. Saying anything on record opens the door for disputes. This is especially true early on in the proceedings before the investigations have concluded and you have reached maximum medical improvement.
Should you say something that turns out to be inaccurate, the opposing party may be inclined to challenge your credibility in general, thereby threatening the entire foundation of your claim.
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Finding Comfort Online
Before posting about the accident or your injuries on social media, take a moment and consider all that’s at stake. Remember: The insurance adjuster will likely take to monitoring your online activity. If they do, could the things you post be misconstrued and ultimately used against you?
Truck accident attorneys will typically advise their clients to lay low on social media. As long as your claim is pending, keep the strictest privacy settings enabled and refrain from publishing anything about the crash or its aftermath.
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Accepting a Premature Settlement
If the liable party’s carrier reaches out fairly soon after the crash and offers you a settlement, it will probably be tempting to accept it. Until you have arrived at maximum medical improvement, however, there is no way to be sure of the extent of the damages.
In other words, taking their first offer could mean walking away with a lot less than you deserve.
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Not Hiring an Attorney
Truck accident claims are complex. Unlike a typical car accident claim, there are often multiple liable parties and multiple insurance companies involved in a truck accident case. Gathering all the necessary evidence you need to prove your claim and identifying all potential sources of compensation can be especially challenging without the help of an experienced legal professional.
18-Wheeler Accident Lawyer
Truck accidents are more complex than regular motor vehicle accidents or regular passenger cars. There are many mistakes individuals can make after a truck accident. It is essential to seek help from an experienced, skilled, reputable and dedicated 18-wheeler accident lawyer who could help you receive the maximum compensation that you deserve.
Getting prompt legal representation can help you avoid critical mistakes that could jeopardize your rights to compensation after a truck accident. Let Bobe & Snell Law Office LLC stand up for you. Our trusted legal team will handle every aspect of your case so you can move on with your life and focus on recovery.
Call us today at (470) 268-5802 or fill out our online contact form to set up a FREE, No-Obligation Case Review/Consultation.
18-Wheeler Accident Lawyer
by condormarketing
Truck Accident Lawyer Atlanta
Truck Accident Lawyer Atlanta: Not Your Fault, Not Your Expense!
Did you know there are over eleven million trucks operating actively across the United States, many with overworked drivers carrying hazardous materials? In 2016 alone, there were 475,000 large truck accidents with human error accounting for roughly ninety percent of them. And while a Harvard study found that about a quarter of drivers have fallen asleep at the wheel, 50% of professional truck drivers have reported the same issue. With so many drivers relying on highways to get to work every day, it takes just one overworked truck driver for your life to change in an instant. After all, trucks weigh 20-30 times more than a typical car, which can seriously amplify the impact and consequences of an accident. Truck accident cases are complex thanks to the many rules and regulations for the industry. So, if you or a loved one are involved in an accident with a truck, seeking the help of a truck accident lawyer Atlanta becomes vital.
Because truck drivers are often insured in the millions and more than one party can be held vicariously responsible for a driver’s negligence, having an experienced, reliable, and dedicated attorney by your side as soon as possible will help to ensure your case is handled in the most professional and efficient manner.
Remember, identifying all the different lines of insurance is difficult in trucking accidents as the truck and trailer are often insured by different companies, with either or both possibly being guilty of negligence. This is exactly where a truck accident attorney can be very helpful.
What to Do Following a Truck Accident
The amount of confusion immediately following a truck accident can be great. You will want to make sure the police and any necessary emergency workers are called immediately to assist with any injuries or burns.
The police will take extensive notes, statements from all the involved parties and any witnesses, and take photos as part of their accident report. If possible, you will also want to document as much as you can, including witness statements.
If your phone’s camera is working, be sure to take as many pictures as possible of the damage to your vehicle and any injuries you and any other passengers sustained. Doing so can help you ensure that anything the police missed is still documented.
The Leading Causes of Truck Accidents
- Driver Error – Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted.
- Poorly Maintained Trucks – Trucks are often driven thousands of miles per week and if they are not properly cared for, they can become dangerous quickly. While worn brake pads or a cracked windshield must be dealt with if they occur on smaller vehicles, they can be the cause of a major traffic accident on a truck.
- Improperly Loaded Cargo – Loading the beds of commercial trucks must be done carefully and in accordance with the law. If they are loaded improperly, the contents of the cargo on the truck may spill out onto the road and cause accidents and injuries.
- Equipment Failure – Defective parts on a truck may not be the fault of the driver, but they can turn deadly. Your truck accident lawyer Atlanta will be able to tell if a trucking company or manufacturer may be liable for your accident in addition to the truck driver.
How Truck Accidents Are Different from Car Accidents
Commercial freight trucks (or ‘big rigs’) tend to weigh 80,000 pounds or more, twenty times the weight of passenger cars. Despite rules and regulations that are put in place to ensure truck drivers do not drive more than ten hours per day, they are often given financial incentives for traveling large distances faster, which can directly impinge upon other drivers’ safety.
Here are some of the things to consider that make the difference:
- Larger Insurance Policies – Truck drivers’ insurance policies are up to fifty times larger than car accident policies. This often puts the total value of insurance in the millions, so you can bet that the different insurance carriers named in a lawsuit will do everything in their power to prove they were not liable. Veteran insurance adjusters will be called in and employ intricate tactics, such as offering a seemingly-large payout, when your case might be worth far more. Having an experienced and trusted lawyer by your side can help make the process considerably less stressful.
- Increased Property Damage – As noted above, the weight and overall size of an 18-wheeler commercial freight truck are much larger than that of a typical vehicle. That means that any surrounding property is going to be affected much more than in a crash involving two cars.
- More Serious Injuries – Similarly, the injuries that are common in car accidents are also far more severe and can include intensive medical care and bills. From serious whiplash and broken bones to brain trauma and severe lacerations, injuries following a truck accident are often life-changing.
- Much Larger Medical Bills – The amount of time spent in a hospital tends to be much longer than car accident-related injuries. Victims of truck accidents are unable to return to work for a prolonged period, if at all. By working with an experienced lawyer at Bobe & Snell Law Office LLC, we can more accurately calculate your current and future pain and suffering to obtain the compensation you truly deserve.
- Greater Chance of Death – An accident with a large commercial truck is far more likely to result in death than a crash between two passenger cars. According to the Federal Motor Carrier Safety Administration (FMCSA), there are between 3,000 and 5,000 deaths due to truck accidents every year. Considering the number of variables involved in truck accidents and the considerable resources wielded by the trucking companies and their insurers, getting a no-cost case assessment is a recommended first step when deciding whether to obtain the services of a lawyer.
How Negligence is Established Following a Truck Accident
If you or a loved one were injured by a commercial truck driver and you wish to pursue legal action to seek the compensation you deserve, you will have to prove negligence on the part of the truck driver and any other parties you believe are responsible.
To establish that the accident resulted due to negligence, your truck accident lawyer Atlanta will establish the parameters of the truck driver’s duty of care and demonstrate that there was a breach of that duty that led to your injuries and related damages.
A few common examples of negligence for truck drivers include speeding, texting while driving, running a stop sign or red light, and falling asleep at the wheel due to the high-risk nature of truck drivers’ work.
The Federal Motor Carrier Safety Administration (FMCSA) regulations stipulate drivers must adhere to the following regulations:
- Maintenance of logbook detailing hours driven
- Documenting hours of service and rest breaks
- Adhering to scheduled and legally-mandated maintenance requirements
- Proper loading of truck cargo, including hazardous materials
- Non-use of controlled substances and alcohol
- Driving no more than ten hours per workday
For a full list of the Code of Federal Regulations (CFR) related to truck drivers, click here.
Determining Compensation Following a Truck Accident
Like other personal injury lawsuits, the types of compensation available to those affected as the result of an accident involving a truck fall into two categories: economic damages and non-economic damages.
Compensation involving economic truck accident damages serves to cover the specific monetary costs, including the following:
- Current Medical Expenses – This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
- Future Medical Expenses – Compensation for extended medical attention and care.
- Lost Wages – Compensation for the wages lost between the time of injury and the conclusion of the lawsuit.
- Loss of Earning Capacity – If the victim can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available. The awarding party will look to establish the amount victim could have earned had the car accident not occurred.
Non-economic damages compensate the victim and/or family for non-financial, intangible losses, including:
- Pain and Suffering – This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of the award.
- Mental Anguish – Compensation for emotional pain stemming from a truck accident, including fright, embarrassment, worry, nervousness, grief, and other forms of emotional distress caused by the accident.
- Loss of Consortium – Compensation awarded to a spouse, parents, and minor children for loss of services, assistance, aid, society, and companionship/care of a loved one, a child, or parents.
In addition to economic and non-economic damages, punitive damages may be applicable if the defendant’s actions causing the injury were willful, malicious, fraudulent, or reckless. Punitive damages serve to punish the offender and dissuade similar behavior in the future.
Why You Should Hire a Truck Accident Attorney
Being involved in a truck accident can be a life-changing event. You may be facing serious injuries with a long recovery ahead of you.
And because truck accident cases can be much more complicated than other auto accident cases, it is crucial to hire an experienced truck accident lawyer Atlanta. Below, we discuss six important reasons you should hire a truck accident attorney, including:
- Trucking Accidents Can Cause Catastrophic Damage
- There May Be Multiple Parties Involved
- Identifying Damages Can Be a Challenge
- The Trucking Industry Has Many Rules and Regulations
- Trucking Insurance is Complex
- Your Attorney Can Develop the Best Legal Strategy
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Trucking Accidents Can Cause Catastrophic Damage
The average semi-cab can weigh up to 25,000 pounds, while a fully loaded semi-trailer can weigh up to 80,000 pounds. When a semi-trailer collides with a 2,000 or 3,000-pound car, the outcome can be devastating for the car’s occupants.
What’s more, semi-trailers and other large trucks have a much longer stopping distance than smaller vehicles. They also don’t maneuver well. This may make accidents more likely when you’re traveling on congested highways.
Because trucks cause more serious, catastrophic injuries and generate more financial damages, truck accident cases are higher stakes than most car accidents.
An experienced truck accident lawyer Atlanta can help you navigate and demystify this daunting process.
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There May Be Multiple Parties Involved
If you are injured in a truck accident, you have the right to recover financial damages from anyone responsible. To recover damages, you will need to prove three things:
- Duty (the party had a duty of care toward you)
- Breach (the party breached this duty)
- Damages (this breach caused your injury)
Often, this liability goes beyond the at-fault driver.
The more potential parties that may be involved, the more complex the case becomes, and the more you need a reputable attorney with specific truck-accident experience.
A truck accident attorney will investigate the crash and identify who is liable for the trucking accident. These can include:
- The truck driver
- The trucking company or driver’s employer
- The truck manufacturer
- The loading company
- The city or state government
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Identifying Damages Can Be a Challenge
For many car accidents, damages are pretty straightforward. You may be able to recover the cost to repair your vehicle and whatever medical expenses you have incurred.
But huge, heavy trucks can cause major damage – and not all this damage may be immediately apparent.
If your injuries are life-changing, you may not know whether you will achieve a full recovery. You could be facing significant medical expenses, physical therapy or rehab, or an extended period off work.
You might not be able to return to work, which means that a damages award will need to compensate you for your lost earning capacity.
It is important for your truck accident lawyer Atlanta to have experience in investigating and developing the evidence you will need to recover full compensation for your losses.
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The Trucking Industry Has Many Rules and Regulations
From hours-of-service regulations to sleep apnea testing, the trucking industry is heavily regulated by the federal government.
Agencies like the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) have strict rules and regulations all truckers must follow.
Often, negligence and a DOT or FMCSA regulation violation can go hand-in-hand. For example, a driver who regularly violates the FMCSA’s hours-of-service regulation or uses illegal drugs while driving is far more likely to be involved in an accident.
Our experienced truck accident attorneys are well-versed in these regulations, as well as the common causes of trucking accidents. This working knowledge allows your lawyer to more easily identify any potential claims that can be brought.
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Trucking Insurance is Complex
Trucking insurance can be just as complex as the broad web of federal trucking regulations.
And even in cases where liability is clear, the trucking company’s insurer has a vested interest in settling a claim as cheaply as possible. This can mean making lowball offers or dragging a claim out for years to pressure you into settling.
You need an attorney who has the skills and resources to fight back against trucking companies and their well-funded insurers.
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Your Attorney Can Develop the Best Legal Strategy
If you have suffered serious injuries in a truck accident, it is important that your attorney has the expertise to fight for the compensation you deserve. Trial strategy can be important, especially if your case goes to a jury.
We Are Here to Help You: Count on Us!
For over 30 years, the experienced truck accident attorneys at Bobe & Snell Law Office LLC have helped truck accident victims recover hundreds of millions of dollars in compensation. We can help you too, whether you decide to file a truck accident lawsuit or negotiate directly with the other party’s insurance company.
Not only are our truck accident lawyers deeply familiar with the different tactics used by insurance companies to reduce the compensation amount you deserve, but we also boast a deep network of expert witnesses and investigators to investigate every aspect of an accident.
Following a crash, the trucking company and their insurance company will start an immediate investigation of the scene. They may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. State authorities may also launch their own investigation into the accident, which may prove beneficial for your claim.
Once you have chosen to retain the services of our law firm, we go right to work examining every aspect of your case. Our attorney may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. These steps include:
- Review camera footage, if available
- Interview witnesses
- Review mandatory police and accident reports
- Analyze and review medical records
- Interview medical staff
- Consult experts to reconstruct the accident scene and recreate the accident
- Help ensure that important evidence is preserved by the truck company and driver
- Obtaining alcohol and drug testing from the truck driver
- Obtain data from the truck’s Electronic Control Module (ECM; i.e. “black box”)
Moreover, our truck accident lawyer Atlanta will also protect any critical evidence from being corrupted by sending a spoliation letter to the truck company before any crucial evidence is lost or destroyed.
Truck Accident Lawyer Atlanta
After receiving this letter, truck companies legally must retain records of evidence pertinent to the case, such as driver logs and black box information. This miss is sent immediately following an accident, however, as truck companies may destroy these records as part of their typical course of business.
To set up a FREE, No-Obligation Consultation/Case Review, call us at (470) 268-5802 or contact us online.
Truck Accident Lawyer Atlanta
