Truck accidents are usually more severe than those caused by cars, and they can lead to material damage and personal injuries that require serious attention. At Virguez Law, we have a team of lawyers that can represent you in either situation. This article will explain the difference between both scenarios and the importance of having a lawyer’s advice.
A lawyer who specializes in truck accidents knows the rules that both the trucking company and the driver must obey.
When trucks are on the road, they have to abide by an additional set of obligations compared to a car driver. This is because a truck driver is operating on behalf of a company; therefore, the company they work for is also responsible for the driver’s actions. It’s the company’s responsibility to make sure the driver follows the proper training procedures and meets all law requirements.
This is why we want to clarify that a commercial truck accident is not just about the guilt and responsibility of the truck driver. The company is also responsible since it is part of their business. In practice, this means that a lawyer who specializes in truck or trailer accidents has to be aware of the following:
- The trucking company must have a way to show the speed at which their trucks are traveling. The company defines this speed within the parameters established in the law. The company that owns the trucks must have pre-established speed standards, regulate the behavior of their drivers, and maintain driving records of their employees and medical records along with anything else required by law.
- After the accident, it is necessary to document and assess the driver’s state. To do this, we require drug tests, records of the driver’s schedule and the number of hours they have worked, their experience, as well as all necessary information related to the approved route, drivable climate conditions, and a series of data established by law.
Truck accidents are regulated by Federal Law
All activities that involve interstate commerce are considered to be a matter of federal law, so the federal government has the power to impose specific regulations, such as: minimum insurance policies, the size and dimension of trucks, and conditions with regard to cargo, cargo weight, among others.
Given the nature of the merchandise transportation industry, it is understood that drivers travel all across the United States and often encounter situations where an accident occurs between a vehicle and truck from different states. Naturally, federal law considers various factors to determine jurisdiction and competence.
For example, you may ask, “What happens when a truck from a different state crashes with a car from Georgia?”
The trucking company from said state and the accident lawyer from Georgia will have to determine, according to federal law, where there is cause for action: if the company was authorized in Georgia, if there is a diversity of jurisdictions, etc. The important thing is that you look for a lawyer that specializes in truck and car accidents in Georgia and that the trucking company or the insurance provider doesn’t try to intimidate you. Always talk to your truck accident lawyer and get a consultation.
To further elaborate on the difference between a truck and a car accident, federal law also demands additional insurance policies. Remember that these trucks are taking part in a commercial activity, so they are not considered the same as vehicles that operate with a basic insurance policy. Federal law demands several policies, and, in general, there is a high-cost commercial policy and an “umbrella” policy that includes various coverages.
It is important to note that there are different trucking companies. Some are small, some have more trucks, and others transport dangerous materials that require unique and adequate handling. A lawyer specializing in truck accidents will always investigate the company’s internal procedures, the rules and laws that they abide by, and look into the driver’s available records, driving hours, condition, and driving record. In addition, your lawyer will check if the company is safeguarding the security of people and not taking part in negligent practices. However, you can only find out all of this with the help of an accident lawyer who can lead the investigation.
Tips and steps to follow in a truck accident.
If you were the victim of a truck accident, we have the following tips for you:
- Take a photo of the scene.
- Call the police so they can file a report.
- Call your truck accident lawyer.
- Seek medical treatment: due to the size, weight, and load of the vehicle in a truck accident, you’re more likely to suffer material damages, personal injuries, and catastrophic wounds.
- If a family member has died in the accident, seek legal advice immediately. Click here to find out who can file a wrongful death lawsuit.
- If you are an immigrant and don’t have the required documents to live in this country, don’t forget that you have rights and can file a claim for a truck accident. Your legal status has nothing to do with your ability to take part in civil lawsuits. You can file a claim for medical treatment of your injuries and days for the days taken off from work, among other things.
In general, always document everything and call your truck accident lawyer. The sooner, the better. Keep in mind that you’re the weakest party involved in any truck accident case. Not only do you have to fight against your own insurance provider and that of the opposing party, but you also have to face two additional strong opponents: the trucking company and the truck driver.
Don’t do anything without your Georgia-based truck accident lawyer. At Virguez Law, we take on these cases by contingency, with no fees unless we win.
Remember to not accept any offer from the insurance company without the advice of a lawyer. Virguez Law handles thousands of claims per year, and our experience allows us to analyze every fact, search for all evidence, know where to look, and which evidence to request. This will make all the difference in the outcome of your case.
The insurance company will always offer you the lowest and most basic payout, and they’re looking to close out your case as soon as possible. They don’t want you to know if you are entitled to more, if your injuries will require long-term medical treatment and days off from work, or if you might become incapacitated in the future. In the case of a family member passing away during a truck accident, different payouts can be claimed for that person’s life. Not just for their death, but for the expected future income throughout their life and other factors that can’t be reduced to a basic sum of money.
With the help of your Georgia-based accident lawyer, you’ll be able to claim the maximum compensation, which is what you really deserve.
The most frequent question regarding an accident case: “how much money will I receive for an injury caused by an accident?”
We can’t give you an exact amount or time frame since every case, accident, and person is different. In addition, the policies for every driver are different, which prevents us from giving you an expected payout and time frame ahead of time. What we can tell you is that you’ll always receive more for your case if you hire the services of a lawyer who specializes in accidents.
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