Truck Collision Lawyers – Trucking Accident Attorneys
An attorney-client relationship is not established by submitting this initial contact information to our office.
LARGE TRUCK ACCIDENTS – COMMON CAUSES
Big rig accidents happen for a variety of reasons. Sometimes, the crash is the truck driver’s fault and other times, the other driver’s fault. Drivers of other vehicles sometimes try to illegally pass large trucks on the highway or freeway thereby causing the accident. But studies have shown that when these accidents are caused because of the truck driver, the following causes are very likely:
Truck Driver Fatigue
A tired driver is a dangerous one. Truck drivers often transport a variety of goods from one part of the country to another. As a result, they end up working continuous long hours. However, federal laws are very clear on how long truckers can drive. The Federal Motor Carrier Safety Administration (FMCSA) in April 2003 instituted new “hours of service regulations” to address the concern of truck driver fatigue and the high number of accidents attributed to this problem. Although this has helped curb the number of truck accidents, driver fatigue is still believed to be a factor in one-fourth of all truck accidents.
The law allows truck drivers to operate their vehicles for a total of 11 hours in a 24-hour work period and not more than 14 hours. The law mandates that they take a consecutive 10 hours break before the start of the next work period. Studies and investigations have repeatedly shown that truck drivers and their companies have broken this hour-of-service law. Companies have been fined for allowing drivers to falsify their hours so it appears as if they have been following this law. Truck drivers are required to maintain extensive logs and other paperwork to demonstrate compliance.
Alcohol and drug abuse
Companies who employ truck drivers are required to test their drivers to verify their use of alcohol and/or drugs. Driving a large commercial vehicle under the influence of alcohol or drugs can have disastrous consequences. A driver does not even have to be inebriated to cause an accident. Even a lower blood alcohol level or drug use can impair the truck driver’s judgment on the freeway. A recent study of big rig drivers by the Insurance Institute of Highway Safety found that 15 percent of all drivers had marijuana in their system; 12 percent had non-prescription stimulants; 5 percent had prescription stimulants and 2 percent had cocaine. Less than 1 percent of the drivers had alcohol in their system. While a small percentage of truck accidents are caused because the driver is under the influence of alcohol or drugs, driver fatigue still causes a majority of truck accidents.
Safe driving practices are important for all drivers, but they assume special significance when someone is driving a vehicle that could weigh up to 80,000 pounds and pulling a large load. Speeding, reckless driving, dangerously changing lanes are all driving practices that could cause a truck accident – which could easily claim lives because of the intensity of these crashes.
Distractions such as cell phones, pagers, computers and texting have become part of our driving experience. In some case, truck drivers may be distracted and lose control of their vehicles when they are using a cell phone or doing something else such as eating while driving.
Improper vehicle maintenance
Truck drivers and their companies are required to inspect their vehicles periodically and make sure there are no malfunctions. They must inspect brakes, tail lights and tires. Next to driver fatigue, improper vehicle maintenance is said to cause the most large truck accidents.
Drivers get most of their knowledge of safe driving practices based on their experience. When trucking companies hire inexperienced drivers, even those who’ve only been driving for a few days or weeks and put them on long shifts, the results can be catastrophic. Trucking companies must ensure that their drivers are experienced and knowledgeable enough to take the wheel.
Large 18 wheelers are particularly prone to what is known as “jackknifing.” This type of accident occurs under certain conditions particularly when drivers apply brakes suddenly and their axle brakes lock up. This essentially causes the truck to skid and go on a 90-degree angle relative to the rig’s cab. This could occur at low or high speeds. These accidents can usually be avoided by careful braking and additional driver training.
If you or a loved one has been injured in a truck, 18-wheeler or big rig accident – whatever the cause may be – call our experienced and efficient truck accident attorneys to find out about your legal rights and how to protect them. Our accident investigators will complete a thorough investigation of your case, make every effort to protect important evidence and get you the compensation and damages you rightfully deserve. Call our Law firm today to schedule your free appointment.
Big Rig Accident Attorney Disclaimer: The truck crash, 18 wheeler accident, tractor-trailer accident, trucking accident or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a truck accident lawyer at our Law Firm for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Texas.
An attorney-client relationship is not established by submitting this initial contact information to our office.
Truck Accident Lawyers
When big rigs, large trucks or 18 wheelers crash with passenger vehicles, it could result in catastrophic injuries and fatalities. If you or a loved one has been injured in such a crash, especially if it was caused by the truck driver’s carelessness or negligence, you may be entitled to compensation or damages to cover medical expenses, funeral expenses, emotional distress, lost pay or loss of career and other serious injuries. In some cases, victims may also seek punitive damages against the truck driver or the trucking company that employs the driver.
The trucking accident lawyers at our Law Firm have had extensive experience representing truck accident victims throughout Texas. We know and understand the seriousness of these accidents and the financial hardship such accidents and severe injuries can cause.
With the increasing number of big rigs and large trucks on Texas freeways and highways, truck accidents are on the rise here and nationwide. These accidents, which almost always result in major injuries and wrongful deaths, could be caused by:
Driver fatigue or exhaustion
Overloaded or oversized trucks
Improper vehicle maintenance
Speeding, reckless or aggressive driving
Running off the road
Failure to yield right of way
Inexperienced driver – lack of training
Alcohol and/or drug abuse
Poor driving or road conditions
The experienced truck accident attorneys at our Law Firm know how to identify the responsible party and get you the compensation and damages you rightfully deserve. Truck accidents are often complex cases involving multiple parties. We can help you sort through what can be a complicated process involving a lengthy court process and paperwork so you can focus on rebuilding your life and recovering from your injury or loss.
Retaining a knowledgeable and experienced personal injury attorney is particularly important in a truck accident case because he or she will know how to obtain and preserve evidence you may not even know exists. An experienced truck accident lawyer knows how to obtain information from different sources, how to interpret the information and utilize it in favor of the client to obtain the best possible result and fair compensation.
If you have been injured in Texas, even if you are not sure if you have a case, contact our personal injury lawyers and we will be glad to answer all of your questions.
We handle every truck accident case on a contingency basis. This means that we aren’t paid until and unless we successfully settle your case. Our payment only comes from a percentage of the award. We have an excellent track record of helping our clients win significant damages which have helped them move on with their lives after what was a traumatic episode in their lives. Contact us today with your questions toll-free.
Truck Accident Attorneys
An attorney-client relationship is not established by submitting this initial contact information to our office.
What is a “commercial truck” or a big truck?
A commercial truck or a big truck is a vehicle used to transport a variety of commercial goods across the country. There are different types of big trucks – 18-wheelers, tractor-trailers, tanker trucks, dump trucks, semi-trucks, delivery trucks and other types of large freight trucks. The goods they carry could include anything from gravel, electronics, produce and cattle to hazardous chemicals and electronics. These trucks are very large and heavy compared to other vehicles on the roadway. Some of these big rigs weigh more than 80,000 pounds, but an average large truck weighs about 10,000 pounds.
What types of accidents occur between big trucks and other vehicles?
Truck accidents may occur under a variety of circumstances. Truck drivers may sometimes lose control of their vehicles because they are overloaded, or poorly maintained or because of dangerous conditions on the roadway. Many truck accidents also happen because the big rig drivers have been illegally working longer hours than they are supposed to. Because of the size and weight of the big rigs the intensity and magnitude of a big truck crash are many times more than a crash between passenger vehicles.
Will a big rig crash usually result in serious injuries?
It depends on the type of crash. Truck accident victims may suffer a range of injuries such as broken bones, traumatic brain injuries, head injuries, loss of limbs, spinal cord injuries, whiplash, and burns. These injuries may have life-long consequences and leave the victim paralyzed, disfigured or scarred for life.
What compensation can I expect to receive if the accident was the truck driver’s fault?
If the accident was the big rig driver’s fault, then the company he or she was working with will likely be liable for the injuries you suffered. Compensation could include coverage of your medical expenses, hospital bills, lost present and future wages or income, pain and suffering, emotional distress and loss of consortium.
Can I receive compensation if the accident was partly my fault?
Yes, you may be, depending on the degree of your involvement or fault. “Comparative negligence” or the level of your carelessness in comparison with the other party’s will need to be determined. If you are found to be largely responsible for the accident and the resultant damages, it is very likely that you will not be able to recover anything.
Who may sue if the truck accident turned out to be fatal?
Family members and loved ones of the injured or deceased may be involved in the lawsuit.
What should I do after I’ve been in a truck accident?
The first thing you should do is get to a safe place and get medical help for yourself or others who have been injured in the accident. Get names, insurance information, and contact information for all drivers and passengers involved in the incident. Call your insurance company as soon as possible. You should get a medical examination even if you feel fine initially. Internal injuries or bleeding could result and may not be detected at first but could turn out to be serious later.
You certainly do. Truck accidents are usually serious or major injury accidents. They are complex and involve multiple parties, a lengthy court process and paperwork. An experienced and competent truck accident lawyer can take care of that process and get you the best possible result so you have the peace of mind, the time and space you need to recover and heal. Also, it takes a professional firm with the resources to conduct an independent accident investigation, the results of which can make or break a case. We work on a contingency, which means we don’t get a dime until we win your case. After that, our firm will get a percentage of the jury award or settlement. We never charge for the initial consultation.
If you or a loved one has been injured in a large truck or big rig accident, call our Law Firm for a free, no-obligation consultation. Our attorneys can help you file your claim in a timely manner and make sure that you have an aggressive, effective and professional legal team on your side.
Trucking Accident Lawyer Disclaimer: The truck crash, 18 wheeler accident, tractor-trailer accident, trucking accident or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a truck accident lawyer at our Law Firm for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Texas.
Before we get to the claim itself, the first step in a personal injury legal matter is choosing a lawyer. Hiring the right personal injury lawyer for your case is an important component of the likelihood of obtaining a positive outcome for your situation.
During your initial consultation with your prospective injury attorney, you will be interviewed about the specific circumstances that led to your injury matter. For example, they may request access to medical records which will require you to sign a formal authorization, sometimes referred to as “HIPAA releases”. Your attorney will “work your case” in anticipation of trial. While many cases reach a settlement well before they reach the trial stage, is important that the case is properly prepared for trial in the event that a settlement cannot be reached.
Another important consideration for personal injury cases is called “the statute of limitations”. This is the time that a person has to claim their personal injury. This time period is usually set by the laws of your state and may be as short as one to two years. This time period varies from state to state and it’s important that you discuss this issue with your lawyer early on. In Texas, the statute of limitations is two years. If you don’t meet the statutory timing requirements, you may lose your ability to recover for your injuries forever.
Once your case is underway, your lawyer will probably file the required paperwork. This will include a document known as the complaint. The complaint outlines your case. There will also be a court filing fee that must be paid at the time of filing. This paperwork must also be properly served on the other parties to the case. Failing to effectuate proper service, may be cause for dismissal of your case.
After service has been properly effectuated, the defendants will probably provide some kind of answer. In some jurisdictions, this may either include a formal answer or a motion to dismiss your case. The next step is for the parties to begin the discovery phase. During discovery, requests are made by the parties for documents and information relevant to the issues giving rise to the case. Typically, these requests include a series of questions, requests for documents, and depositions of witnesses. It is not unlikely for this process to take a long time, even months or even years.
Next, the parties will probably begin discussing the possibility of negotiating a settlement. During this phase, there will be meetings, phone calls, and conferences between the parties’ lawyers about how much compensation, if any, the plaintiff is entitled. If these negotiations do not lead to a settlement, the case will proceed to trial. At that point, the case will be presented to either a judge or jury to determine if, and how much, compensation the injured party deserves.
Generally, a negligent action is carelessness that leads to personal injury to another individual. It can be an behavior, like carelessly knocking a rock off a rooftop, or a failure to act, like a landlord who doesn’t fix a worn-out stair. A negligent action typically provides the grounds for injuries cases.
To file a legal suit for negligence, the injury victim (the individual filing the legal action) has to prove four points: That the negligent party (the person or entity being sued) owed the plaintiff a duty of due care; that the defendant failed to use due care towards the injured party (i.e. breached the duty); that the defendant’s breach of duty caused the plaintiff’s harm; and that the injured party suffered damages as an end result.
Duty of care: The injury victim needs to demonstrate that the accused had a duty of reasonable care toward the injured party. An individual has a duty to avoid causing injury to another if a reasonable individual in the same scenario could foresee that an behavior (or failure to act) might lead to harm. Some scenarios are very clear. We all know that somebody could be injured if we run a stoplight, so we have a duty of reasonable care to follow traffic laws and signals. Other cases are more tricky. If a homeowner has a private swimming pool in a fenced yard, does he have a duty to prevent a neighbor child from climbing the fence and accidentally drowning in the pool? How much care would a reasonable man or woman take in that circumstance? In each case, the issues concerning the injury play a significant role in determining whether or not a defendant had a duty of reasonable care towards the injury victim.
Breach of Duty: The plaintiff has to demonstrate that the negligent parties failed to carry out their duty of care. For example, an ordinary individual could foresee that a van full of explosives could ignite, so a person who parks such a vehicle in a populated parking lot has breached the duty of due care to the other people nearby. If the vehicle blows up, the driver may be guilty of negligence. A person may also foresee that a car that isn’t repaired adequately could malfunction, so if the brakes on a poorly maintained car fail and the car hits a young child, the owner of the car might have breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. Alternatively, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of reasonable care, though the brake manufacturer or the mechanic might be to blame.
Cause: The injured party needs to demonstrate that the negligent persons breach of duty triggered the injury for which the plaintiff is suing. Sometimes causation is clear. If you run a red light and hit a person, you obviously caused the injuries. If the pedestrian’s elderly mother has a heart attack and passes away when she hears of her daughter’s injury, did you result in that injury? Not likely, but those are the kinds of difficulties that have to be solved in a negligence lawsuit. There could also be issues about what injury was caused by an accident. People today typically have more than one accident in their lives, so if a person has had two prior back injuries, precisely what injury to the back was caused by the most recent fall down a flight of stairs?
Damages: Damages in a negligence claim try to put the injury victim in the same situation he or she would be in if the accident hadn’t occurred. A plaintiff has to prove the monetary value of his or her injuries. For example, if somebody is disabled and can no longer work, a calculation of damages would consider the profession of the injury victim and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical expenses and estimated costs for medical care, special accommodations, and assisted living.
In some situations, negligent parties are at fault for negligence because of the operation of law, and not because they specifically caused an accident. As an example, since an employer is held to blame for injuries attributable to employees during work, UPS may be liable if a UPS driver has an accident while making deliveries. A hospital may be held accountable for injury caused by only one nurse. Injured parties often make claims against several defendants to make sure there will be enough assets (money) to pay a judgment.
If you think you have been the victim of negligence, contact us for a free consultation.
Our workplace injury lawyers know just how high the stakes are for people seriously injured at work. That’s why the workplace injury attorneys at our firm work so hard on every case. We know that the settlement or verdict we’re fighting for on your behalf is about more than just money. It’s about justice, about holding corporations and people accountable for their actions.
Workplace injuries take many forms. You may have been injured doing a work task you’ve been doing for years, such as walking on scaffolding, operating a crane, lifting heavy patients out of wheelchairs or replacing old electrical wiring. Then one day you found yourself in an ambulance on your way to the hospital with a severe work-related injury. Whether you suffered a debilitating traumatic brain injury in a construction accident, a repetitive stress injury such as carpal tunnel syndrome, a strained back from lifting or you’re an injured offshore worker who was struck by a hoist loaded with cargo, we can help.
We know OSHA regulations and Workers’ Compensation laws inside out and, with us in your corner, you are much more likely to obtain a major Workers’ Comp claim settlement, helping you recover physically, financially and emotionally. If necessary, we can help you file a workplace injury lawsuit wherever it occurred. Workplace injury lawsuits are sometimes the best way to resolve the case. Explore your options. Unfortunately, most Workers’ Compensation claims are denied, requiring an aggressive, experienced Workman’s Comp attorney to fight for your rights. Here are a few examples of the numerous types of job accidents we often see:
Falls from heights
Toxic exposure from chemical spills
Welder burn injuries
Tunnel worker silicosis
Work-related car accidents
Asbestos exposure & mesothelioma
Falling object injuries
Fatal workplace accidents
Put your trust in a tough workers’ compensation attorney
If you suffered an accident at work, you’re most likely in significant pain and feeling vulnerable, if not overwhelmed and hopeless. Don’t tackle the Workers’ Compensation application process alone. If you do, it will be your word against the word of intimidating Workers’ Comp insurance adjusters who are used to pressuring job injury victims into accepting a “low-ball” offer. With our firm on your side, you’ll have a far better chance of being able to cover all your medical treatments, loss of income and any occupational therapy you might need if you can’t work.
Call our Law Firm today for a free case evaluation. Every conversation is private, personalized and pressure-free. You pay nothing in fees unless we win your case, so you have nothing to lose and everything to gain.
We care about each and every client and will do all we can to fight for your justice as well. If you lost a loved one in a workplace accident death, we will pursue Workers’ Comp wrongful death benefits on your behalf.
Accidents are bound to happen; and the only way to truly avoid them is to lock yourself up in a room and never come out. Life isn’t about being open to accidents or even allowing it to happen. You should accept that accidents cannot be avoided and it is best to prepare yourself for anything that may come your way. This is exactly why people take precautionary measures should something dire occur. When grim situations do happen, it is better to be prepared than be caught off-guard. If you live in Jacksonville, consider hiring an accident attorney Jacksonville to have all your accidents covered.
Being involved in an accident can be very stressful, most especially when you reach an argument. In an auto accident, for example, while you’re cruising down a highway, you ram into a van that crossed you over. You know it isn’t your fault, but the van driver is not giving up without a fight. For situations like these, you need an auto accident attorney Jacksonville to help settle things for you so you can avoid fighting. Fighting at the middle of the road is not going to take you anywhere. You’ll only be hurling arguments back and forth.
When it comes to hiring an accident attorney Jacksonville, there are a couple of things that you need to remember. Hiring someone who isn’t skilled enough or doesn’t have good background could give you further complications. You could end up losing the case as well. An accident attorney Jacksonville can remind you of your rights and the laws of your state, so you can file a case with confidence. Hiring the best attorney is crucial, most especially when you find yourself in a very perplexing accident. If you want to get your hands on the best accident attorney Jacksonville, then a couple of tips should help you get started.
Knowing where to find one is possibly one of the hardest phases in looking for an attorney. What you need is someone trusted and experienced, so go ahead and ask for referrals from your friends or peruse the newspaper or the phone directories for an accident attorney Jacksonville. If you know of a local lawyer agency, then go ahead and pay their company a visit. Ask for an accident attorney and discuss what you want with him. Once you meet your attorney, always remember to conduct a short interview before hiring him, and also find out if he has enough experience and a flawless record.
A good accident attorney Jacksonville is good with damages and injuries. Before making your hire, try to see if the two of you can meet eye to eye. Is the person easy to talk to? Does he have good communication skills? At what times of the day will I be able to talk to him, and how will our exchanges take place? These are just a few things you need to ask yourself before making your hire. Your goal is to end up with a well-rounded Jacksonville attorney who can handle all your accident cases. It is very important to be very meticulous about your attorneys credentials. If you do not like what you see, consider hiring someone else.
Accidents are more than just vehicular accidents. Misadventures happen in a lot of forms, and you need to be assured that you are covered with these too. An accident attorney Jacksonville can be many things at once, but some have their specializations. There is a truck accident attorney Jacksonville, an auto accident attorney Jacksonville, a boating accident attorney Jacksonville, and an injury attorney Jacksonville. These people are dedicated to help you out, no matter what your case may be.
Our New Jersey motorcycle accident lawyers know that motorcycles are, for many people, as much a form of self-expression as a convenient method of transportation. Unfortunately, these vehicles place their owners at risk of suffering extremely serious injuries if they are involved in an accident, including broken bones, spinal cord damage, and permanent brain damage. This is because most motorcycles lack all but the most basic safety features, meaning that they leave their riders exposed to serious injury risks. This is especially true if the accident is caused by the reckless or negligent actions of another person.
Motorcycle accidents can have devastating consequences for those who are involved. Aside from the pain and suffering that the injuries themselves may cause, both in the short and long term, there are many other consequences with which motorcycle accident victims may be faced. These can include costly medical bills, income lost from time spent away from their jobs while recovering, and even strains on personal relationships. No one should have to cope with these types of unfortunate circumstances on their own, particularly if the accident in which they were injured was due to another person’s irresponsible behavior.
If you or someone you know has been the victim of a motorcycle accident, you may be eligible to pursue compensation for the costs that you may have incurred as a result. Contact a New Jersey motorcycle accident lawyer of Levinson Axelrod, P.A., today by calling 800-346-5529 to speak with a qualified member of our legal team about your specific situation and how we may be able to help you pursue action against the party who caused you or your loved one such harm and suffering.
Causes of Motorcycle Accidents
Motorcycle accidents can happen in a number of different ways. In some cases, of course, the accident is not the fault of any individual and likely could not have been avoided. However, there are many other cases in which the cause of the accident is at least partially the fault of someone else. In these circumstances, legal action against those responsible for the accident is often necessary to ensure that the accident’s victims can get the justice they need.
At Levinson Axelrod, P.A., our team of experienced legal professionals is prepared to represent those who have been involved in the following types of accidents:
Drunk driving accidents
These and other causes of motorcycle accidents can have a devastating effect on a motorcyclist’s life. Thus, those who allow an accident to occur in these types of circumstances need to be held accountable for the effects that their actions have had on the lives of others.
If you or someone you know has suffered injuries in a motorcycle accident, you shouldn’t have to pay for the consequences by yourself. Fortunately, with the help of an experienced attorney, you may not have to. Contact the New Jersey car accident attorneys of Levinson Axelrod, P.A., today at 800-346-5529 to find out how it may be possible to hold the responsible individual(s) accountable for the repercussions of the accident they caused.
When it comes to motor vehicle accidents the first, and most important, action is to prove fault. Fault is demonstrated when examining if the pedestrian or driver have been careless or negligible, and / or have violated the rules of conduct in the maintenance, ownership, use or operation of the vehicle.
In most cases that involve motor vehicle accidents, it is relatively simple and quick to prove who is at fault. For example, an accident in which a traffic rule has been clearly violated such as failing to stop at a red light. On the other hand, there can be situations where it is not as straight forward to demonstrate which party is at fault and, in these instances, it can be more challenging to hold the negligible party liable. This kind of situation may occur when two cars attempt to access the same lane, simultaneously. In this scenario, it is critical to determine which party was careless or most negligible.
In order for a party to be held liable, their negligence in the matter must be proven and shown to be the cause for the accident in question.
For negligence to be proven, the victim needs to demonstrate that the other party (driver or pedestrian), had a reasonable duty to exercise caution; that they failed their duty to exercise reasonable caution; and also that their failure of executing this reasonable caution is what caused the harm to the other party. Alternatively, if the victim involved in the motor vehicle accident has, in any way, contributed to the accident by way of a negligent action(s) of his or her own then it is more difficult to discern liability. In these circumstances, the victim’s compensation for injuries or damages will be limited or even barred.
There are many kinds of motor vehicle accidents that may warrant compensation for damages and / or injuries. Some examples include:
1. Car Accidents
2. Bus Accidents
3. Truck Accidents
4. Bicycle Accidents
5. Motorcycle Accidents
6. ATV Accidents
7. Boat Accidents
8. Pedestrian Accidents
The parties that can be held liable in a motor vehicle accident depend upon the type of vehicle involved. As an example, a victim that is involved in a motor vehicle accident with a truck can hold liable, and seek compensation and / or damages from, the driver for his action(s) or lack, thereof. Additionally, the victim can also hold the owner of the truck, the company whom the driver leased the truck from, and even the manufacturer of the truck liable. The manufacturer of the truck can be held liable for the accident if it was a direct result of faulty vehicle parts, for instance, defective equipment such as tires or breaks.
Compensation as a result of damage from a motor vehicle accident can be pursued through a number of different avenues. For example, as a victim of a motor vehicle accident, you can seek compensation for direct damage to property, destruction of property and loss of use of property. You may also be entitled to further compensation for direct injuries, cost of hospitalization or medical expenses, loss of employment, disability, pain and suffering and even loss of consortium.
Given the intricacies in ascertaining negligence, liability and, ultimately, compensation for damages, it is imperative that you obtain proper legal representation in your matter. Our highly experienced and compassionate lawyers at Intact Accident, in Albuquerque, New Mexico, will ensure that your rights are defended, that the right party (ies) are held liable for their negligible (in)actions and that you receive the maximum amount of compensation and / or damages possible for the wrong that you have endured.
For a FREE consultation, NO costs up-front and the compensation that you deserve, call Intact Accident Personal Injury Lawyers today!
A common misconception about car accidents is that it does not happen to “good drivers”. Of course, this is not the case as even the most careful drivers can, through no fault of their own, sometimes be involved in a car accident. In light of this, it is vital that all drivers are prepared and know the important steps to take in the unfortunate event that they are involved in a car accident.
If you have been involved in a car accident, or any motor vehicle accident for that matter, be sure to follow these important steps:
1. Remain calm.
It is very normal to feel upset and anxious if you have just been involved in an accident. However, it is important to try to keep your cool, otherwise you might forget crucial information and details that can be very useful down the road.
2. Seek medical attention.
Call 911 and ask for an ambulance to be sent to the scene if you or someone else is injured. It is important to note that, sometimes, it is not immediately obvious if you or the other party (ies) involved in the accident are injured. For this reason, it is a wise decision to call an ambulance even if you think (but are not certain) that you or the other involved party (ies) may be injured.
3. Contact local police authorities.
It is important to file a police report as quickly after the accident as possible to document the facts accurately and to ensure that crucial details and / or information are not forgotten. This is also a key step in ascertaining the party at fault.
When speaking with the police, always be sure to conduct yourself in a polite manner and never, even if you think that you may be responsible, admit fault for the accident. On the other hand, do be sure to let the police know if you think that someone was driving impaired or distracted.
Do not leave the scene of the accident until the police have given you permission to do so.
4. Collect all relevant information.
After leaving the scene of an accident, it becomes increasingly difficult to gather critical information from those involved in the collision. For this reason, it is crucial that you collect all relevant information from drivers, passengers, witnesses and pedestrians. The information that you will need from those involved in the accident includes:
o Full names
o Phone numbers
o License plate numbers
o Make and model of cars
o Insurance status of driver
o Name of person to whom the vehicle is registered
It is also important to record the names and contact details of any witnesses.
5. Collect witness statements.
If you can identify any one who may have seen the accident take place then you will want to obtain their names and contact information as soon as possible. Make sure that you do not discuss the accident with them but, rather, ask them questions about what they have witnessed. For example, ask them what they saw, if they saw the other driver operating their vehicle negligently, if they have seen any other accidents at that location or if they overheard the other party (ies) involved say anything. It is possible that a witness may have overheard the other party (ies) admit guilt.
Make sure that you write down all of the information that the witness relays to you as it may help you with your case.
6. DO NOT ADMIT FAULT.
This is very important. Your admitting fault, whether you believe it to be true or not, can significantly and negatively impact your rights and the outcome of your case. Admitting fault can take the form of blatantly stating so or even by apologizing. Do not apologize to anyone, including the police.
7. Do not speak to insurance companies or sign any documents.
Do not give statements about the accident or your injuries to anyone except for the police, your doctor or you lawyer.
Giving statements to insurance companies without your lawyer’s approval can be detrimental to your case.
It is also imperative that you do not sign any documents without your lawyer’s advice, unless it is for the police or your own insurance agent.
8. Take pictures of the scene of the accident.
If you have a cell phone it is a good idea to take pictures of the accident scene including damage to vehicles, injuries, skid marks and street signs. If you do not have access to a camera on your phone, or other electronic device (i.e. tablet) then you might want to consider keeping a digital or disposable camera in your glove compartment.
9. Make notes about the accident.
To ensure that no potentially important pieces of information fall through the cracks, it is a good idea to make notes about the accident as soon after it occurs as possible. You might want to include the following details:
o Time accident occurred
o Weather conditions
o Names and badge numbers of responding police officers
o Vehicle condition (before and after accident)
You can also inquire as to whether the opposing party’s (ies’) vehicle had any damage prior to the accident, for example, non-functioning break lights. It can also be important to ask if any of the vehicles involved in the accident were company owned.
Lastly, be sure to make a note of any individuals who have admitted fault or are taking blame for the incident.
10. Contact your insurance company.
Call your insurance company and let them know that you have been involved in a car accident. Make sure to cooperate with and be polite to your insurance agent.
However, if you find that your insurance company is being uncooperative then it is important to seek legal advice immediately. We at Intact Accident have a number of skilled and compassionate personal injury lawyers who have years of experience dealing with insurance companies. We can help you right away; Give us a call today! 855-851-2001.
11. Call an attorney at Intact Accident as soon as possible.
If you have been injured, or a loved one has been injured or killed, as a result of a motor vehicle accident then you need to act quickly. It is possible that your right to seek compensation from the liable individual and / or business may be compromised if you delay action. Our personal injury lawyers at Intact Accident can help you understand your legal rights and fight for the compensation that you deserve!
When you are represented by Intact Accident Personal Injury Lawyers, we help ease the financial burden. We do not ask you for any money up front, and we only get paid if we make a recovery in your case.
Do not wait; call Intact Accident Personal Injury Lawyers, in Albuquerque, New Mexico, today for a FREE and CONFIDENTIAL consultation!
Getting compensated for your car accident should not be difficult but many times the car insurance company does not want to give you the money that you deserve.
Their job is simply to keep more money in their pocket than they give out in settlements.
You should have someone on your side that knows all of the tricks that the insurance company tries to play on innocent victims like yourself.
When Should I Contact A Car Accident Attorney?
One of the things that people are very confused about is when to contact a car accident attorney.
If your claim is under 500 dollars in value then you most likely do not need to contact an attorney, this is unless you believe your claim should be above this amount but the insurance company is try to take your money.
You should contact an attorney if:
You have injuries or damages which you are not sure of their worth. If you think that you should be getting more money than the insurance company wants to give you then you should contact an attorney.
There were multiple injuries in the accident.
You missed out on work because of injuries resulting from the accident.
There was strain on your marriage because of the accident.
There was emotional trauma because of the accident.
You are unsure what to do with the claims process
Why To Use An Attorney
You should use an attorney because you do not have a working knowledge of all the auto accident law. There are so many different rules and laws that you don’t know that you may leave 1,000s of dollars on the table!
Besides for this you may not have the time or ability to take care of the claims process.
You may be friends with your insurance agent but you must understand that they are not on your side. They are not trying to get you the most money possible.
Hiring an attorney that specializes in car crash law is going to be the best way to get a professional on your side.
No Up Front Fees! What is so much better is that the attorneys are not going to charge you anything to start the process. Not a penny. The only way that they get paid is if you get paid and then it’s only a small percentage of your settlement.
How To Get In Contact With An Auto Accident Attorney?
Here on this site we’ve made it easy to get in contact with a legal professional practicing in your area. All that you need to do is enter your state and city in the box above. Once you do this you will have a form that you can submit your contact information and your full story of your accident as well.
How Soon Will I Hear From An Attorney?
Most times after you have entered your information you will get a call within 24 hours and sometimes as little as 2 hours unless it is a weekend or a holiday.
Just scroll to the top, enter your state, your city and then your contact information and details about your accident click submit. Once you do this you will be contacted for a free consultation.
Top to Fill Out Accident Claim Form
If you injured by another person, it is important that you take care of your injuries as soon as possible, but it is also important that, after this is accomplished, you contact a lawyer if you believe you may not be at fault for the injury. This is because you have a limited amount of time to file a personal injury lawsuit in Texas.
Statute of limitations
The statute of limitations is the statutory rule that determines how long you have to file a claim with the court after you are injured. In the usual case, the limitation period starts when the injury occurs. In Texas, except for defamation cases (which this article does not deal with), the limitation period is two years.
Sometimes, you may know that you are injured but you may not know who or what is the cause of an injury, or you may not even know that an injury has occurred, until a long time after the act which causes the injury (that is, beyond two years after the injury occurs). In this situation, under the “discovery rule,” a lawsuit can be filed within a defined period of time after the injury is discovered, or reasonably should have been discovered.
The Texas Supreme Court has stated in Wagner & Brown, Ltd. v. Horwood that the discovery rule is “a very limited exception to statutes of limitations”, to be applied when an injury is inherently undiscoverable and objectively verifiable. “An injury is inherently undiscoverable if it is, by its nature, unlikely to be discovered within the prescribed limitations period despite due diligence.” And what is “due diligence”? In Southwest Olshan Found. Repair Co., LLC v. Gonzales, the Court of Appeals defined it as the “[k]nowledge of facts, conditions, or circumstances that would cause a reasonable person to make inquiry . . . is equivalent to knowledge of the cause of action for limitation purposes.”
Legal assistance is needed to answer these questions
In addition to the discovery rule, sometimes the statute of limitations is “tolled,” which means that something has stopped the statute from running for a certain length of time. This “something” may be minority (that is, the victim of the injury was underage when the injury occurred) or mental incompetency (that is, the victim was not competent mentally when the injury occurred).
In Texas, except for medical malpractice, when a minor is injured, the statute of limitations is tolled at the time of injury and does not begin to run until the minor turns 18 years of age. For medical malpractice cases, when a minor under the age of 12 is injured, the statute is tolled, but a lawsuit must be filed by the time the minor turns 14 years of age.
Personal injuries (whether by car accidents, workplace accidents, medical malpractice, and the like) are a frequent, albeit unfortunate, occurrence. In addition to the pain and suffering they cause, the legal consequences may be significant. To make sure that you receive the compensation you’re entitled to, in the time period allowed by the law, it is important to seek the counsel of an experienced lawyer immediately, so that he or she will begin a thorough examination of all aspects of the situation (medical and legal) to determine liability.