Reasons Why Truck Accident Claims Can Become Complicated

Reasons Why Truck Accident Claims Can Become ComplicatedCommercial truck accidents frequently cause devastating injuries and monetary losses to those involved. Unfortunately, many injured victims are unable to recover the compensation they need to get their lives back on track and this is in great part due to the complicated legal process surrounding commercial truck accidents. Large truck accidents are enveloped in complex state and federal laws. While these regulations serve to protect the general public, they can complicate a case. Further, these cases typically involve multiple parties that may share responsibility for the accident. The number of parties involved in an accident will require a full investigation to achieve a successful claim outcome.

If you were injured in a truck accident, recovering compensation can make a significant difference in your recovery process. As complicated as a truck accident case can get, it is necessary to file a claim when the accident resulted in catastrophic injuries and losses. To ensure you recover the compensation you need, it is important that you speak to an experienced accident attorney who can help you protect your rights and ensure you obtain the highest compensation available.

Proficient Legal Counsel Can Provide the Support You Need

Large truck accident cases involve a number of different factors that set these accidents apart from common auto accidents. These types of accidents are not only generally more devastating than other types of traffic accidents, obtaining compensation after an accident is also more difficult.

The knowledgeable attorneys at Harrell, Smith & Williams, LLC have many years of dedicated experience in securing full and fair compensation for injured victims of complex truck accidents. For multiple reasons, commercial truck accidents require proficient legal counsel. The attorneys at Harrell, Smith & Williams, LLC work diligently to thoroughly investigate every case to identify all potentially liable parties and build strong cases and obtain the highest compensation available. To schedule a complimentary consultation with the law firm, consider completing the confidential online contact form today.

Size Disparities Between Commercial Trucks and Regular Vehicles

According to the Federal Motor Carrier Safety Administration, large trucks are typically 20 to 30 times heavier than most passenger vehicles and the agency contends that there are a number of concerns that arise as a result of these disparities. Some of these concerns include:

  • The significant weight transported by large commercial trucks increases the risk of a more serious crash, including damages, injuries, and casualties.
  • The weight and size of these vehicles increase challenges in driving, including braking, acceleration, and maneuverability.
  • Large vehicles gain speed faster when going downhill and accelerate more slowly going uphill.
  • Smaller vehicles can be pulled or pushed under a large commercial truck when the truck has a high ground clearance.
  • Tall trucks have a higher center of gravity, which means they must travel slower on ramps and curves because they have a tendency to roll over more easily.
  • Large commercial trucks can generate wind gusts and this can push smaller vehicles into other traffic lanes.

Truck Drivers Face Unrealistic Expectations

Commercial truck drivers often face unrealistic expectations, which place them at risk of getting in an accident. A vast majority of trucking companies expect their drivers to meet strict deadlines. When cargo is not delivered within the expected timeframe, drivers can be held accountable and face reprimand from the company. Fortunately, strict regulations have been established at a federal level to prevent truck drivers from being overworked.

In spite of the “hours of service” regulations set by the FMCSA, trucking companies continue to pressure drivers and this tends to lead to dangerous driving. When a trucking company pushes the driver to operate the truck for excessive periods or has improperly trained the driver, the company can be held accountable in the event of an accident. Establishing the trucking company’s liability can be a challenge and it will be necessary to collect evidence that proves the company’s negligence. This can include company records and employee records.

Large Commercial Trucks Require Constant Maintenance

Large commercial vehicles are constantly in need of repairs and maintenance. Maintaining a fleet of semi-trucks is important to a thriving company, but the company is not exclusively responsible for a nonfunctioning truck. When a large truck experiences a mechanical failure and this leads to an accident, several parties can be held accountable for the accident. This includes the truck driver, the trucking company, the vehicle part manufacturer, and the company responsible for maintaining the truck.

Unfortunately, most commercial trucks fail to meet adequate and necessary road safety standards. By performing regular maintenance on the vehicle, however, will ensure the commercial vehicle passes the Commercial Vehicle Roadworthiness Test upon inspection.

New Jersey’s Modified Comparative Negligence Law

When seeking compensation after a truck accident in New Jersey, it is important to understand that the state follows the theory of modified comparative negligence. Based on this theory, if an injured person is found partially at fault for the accident, the damages sought in the claim will be reduced based on the percentage the injured person was found to be at fault. When the injured person is found to be more than 50 percent responsible for the accident, recovering damages will be denied. Finally, it is also important to recognize that insurance companies will use this theory when evaluating a third-party claim. Admitting fault in an accident can seriously jeopardize the ability to collect compensation after an accident.

Choose an Experienced Truck Accident Attorney to Advocate on Your Behalf

Commercial truck accidents are traumatic experiences, but these cases can be far more distressing rightful financial compensation is denied. Regrettably, the legal process can be extremely challenging, especially without the right legal support.

If you were injured in a large truck accident, consult with an experienced attorney who can champion for your rights. At Harrell, Smith & Williams, LLC, advocating for injured truck accident victims is a top priority. The law firm specializes in complex truck accident cases and has helped clients maximize their compensation. To schedule a complimentary case evaluation with Harrell, Smith & Williams, LLC, consider completing the online contact form today.

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