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Truck Accident FAQs2019-04-15T15:14:15+00:00

FAQs

What should I do at the hospital?2019-04-02T23:37:51+00:00

Once you are there, you need to tell the staff about the motor vehicle accident (“MVA”). The hospital, doctors, and nurses need to know specific details and facts about the MVA to render the proper medical treatment. It’s also important to inform the hospital staff of any physical pain, loss of feeling, or numbness, so they can diagnose and treat your physical injuries. Overlooked injuries can pose serious physical issues and medical complications in the future, and in extreme cases, overlooked physical injuries could result in fatality. After being discharged from the hospital, it’s crucial for you to contact your primary care physician, schedule follow-up appointments, and follow your doctor’s recommendation for medical treatment.

What are common mistakes made after an accident?2019-04-03T00:36:07+00:00

The collection of information, facts, and evidence is vital immediately after a truck accident. Given that you are coherent enough, you should collect the driver’s name, company name, their insurance company, and proof that the company actually owns that truck. Along with truck information like its license plate, commercial DOT license number, and any distinguishing marks on your vehicle and the truck. You should also call the police to the scene, so they can make a report. Police reports are important when dealing with insurance companies and when filing lawsuits against the truck driver and/or trucking company. You should also seek immediate medical attention and gather contact information of all potential witnesses. Don’t forget to take photos and videos of the accident scene if possible.

What regulations are in place to prevent truck driver fatigue?2019-04-03T00:21:01+00:00

An ill-rested 18-wheeler truck driver may possibly fall asleep behind the wheel, swerve into other driving lanes, speed without realizing it, or ignore traffic signs. In certain situations, a commercial truck driver is allowed to drive up to 14 consecutive hours only after a ten hour resting period with no driving. After that fourteenth hour, federal regulations prohibit a truck driver from driving or operating their truck until ten more hours have past. These ten hours are given as a resting period for the driver to sleep and replenish their energy before driving again.

Who’s to blame for an accident where the truck had bad brakes?2019-04-02T23:30:38+00:00

After investigating the specific facts of your case, we may determine your accident was caused by the brake manufacturer, or the truck driver, or the trucking company, or a combination of multiple liable parties.

Who is at fault in a wreck due to tire failure?2019-04-02T23:26:30+00:00

The Federal Motor Carrier Safety Administration (“FMCSA”) sets strict guidelines concerning commercial trucks, vehicle maintenance, and inspection requirements. All cases are different. Our investigation into the specific facts of your case will determine who is liable and responsible for causing the accident; and may include the truck driver, the trucking company, the tire manufacturer, or some other liable entity.

What records do I need to gather after an accident?2019-04-02T23:39:43+00:00

A Crash Report is the first important piece of information that you should gather after an auto accident. This is a report created by the police officer or DPS officer who first responded and arrived at the scene of the motor vehicle crash. The Crash Report will include the driver’s name and contact information, a description of the accident according to the officer, and any witness statements obtained at the crash scene. Often times, insurance companies will base their liability decisions off the Crash Report.

Lastly, you should file an Open Records Request with the police department. This request seeks to obtain information such as the specific time when the officer was first contacted about the accident, and it will also report the vehicle information as described to the officer. This can help identify the vehicle owner, trucking company, and oftentimes the insurance company. This request also allows attorneys to obtain the official 911 call transcript, which can identify potential victims and uncover additional facts about the accident.

What if I was injured by an 18-wheeler’s trailer load that was set loose?2019-03-28T19:21:52+00:00

It’s important to seek medical attention immediately if you have any injuries. A trailer load that has broken free could be the driver’s fault, the trucking company’s fault, or both – depending on the situation. Police presence may help determine liability; however, you should get in contact with an attorney promptly to discuss the factors of your case. It is also important to collect as much evidence as you can.

What do I do if I have been involved in a trucking accident?2019-03-28T19:19:36+00:00

You and any others involved must immediately seek medical attention after an accident. You may not know or feel any physical injuries immediately after a major auto collision, so it’s imperative for you to be medically evaluated for injuries and treatment as soon as possible after it happens. You should also seek experienced legal counsel right away so your lawyer can advise you on the actions you must take. It’s also important to collect as much evidence as you can from the scene of the crash (i.e., photos of accident scene, videos of accident scene, contact information of the truck driver, insurance information, and other evidence).

How much may a child recover if their parent was killed in a trucking accident?2019-04-02T23:43:20+00:00

Losing anyone – especially a parent – is a traumatic event for any child. The scary question posed for any child under 18 may be, “who will take care of me?” Just as in other cases, punitive damages, economic damages, and non-economic damages will weigh in on the amount of monetary compensation the child may receive through a civil lawsuit. Other factors specific to your unique situation will also be carefully evaluated throughout your case. Our attorneys evaluate options and take actions based on the best interests of the child to ensure the child receives proper care, sufficient monetary compensation, and time to heal.

How much can I recover if my child was killed in an 18-wheeler trucking accident?2019-04-03T00:28:15+00:00

Each commercial trucking accident case is unique and different; especially when it concerns the death of a child. Given that every case has its own set of unique clients, facts, and circumstances, the monetary compensation varies from case to case. Some parents are left with funeral expenses, medical bills, and other damages. When we successfully win a case, we obtain money to compensation you for the specific damages you have suffered, which may include emotional distress, mental anguish, lost wages, medical bills, ambulance fees, pain and suffering, and other damages. Our trial lawyers at Hughes Ellzey understand the heartbreak and confusion that may cloud your entire life during the months and years following the death of a loved one from a major traumatic truck accident. It’s what we do. We will help you every step of the way, advise you on the decisions you must make, and shoulder all the stress of a lawsuit for you so that you can heal and get on with your life.

How much can I recover if my spouse was killed in a commercial trucking accident?2019-04-02T23:34:30+00:00

In highly unfortunate cases, an 18-wheeler accident results in the death of someone’s wife, husband, brother, sister, or child. When this occurs, you may be able to file a “wrongful death” lawsuit against the truck driver and/or the trucking company. Recovering money through a wrongful death lawsuit is never enough to justify the preventable death of a close family member, wife, husband, brother, sister, or child. However, money is the only available damage you can recover in a civil wrongful death lawsuit. There are many factors to consider, that vary greatly, when obtaining monetary compensation for the death of a loved one. The recoverable damages include, but are not limited to, payment of funeral expenses, payment of medical bills, lost wages, loss of companionship, mental anguish, emotional distress, economic damages, and punitive damages in certain egregious cases. Each case involving death is very different, unique, and has different end results concerning total money compensation. Our attorneys at Hughes Ellzey will carefully walk you through every step of this life-changing process, at your own pace for healing, and handle everything for you and your family – providing you with the most important need during this tragedy – time to heal.

Who is at fault if an 18-wheeler driver caused the accident because he/she was sleepy and tired?2019-03-28T19:20:53+00:00

Commercial truck drivers and 18-wheeler drivers are legally required to stop driving after a specific number of consecutive driving hours; and required to rest and/or sleep for a specific number of hours before driving again. For example, in certain situations, an 18-wheeler driver is allowed to drive fourteen continuous hours; then the driver must stop the vehicle to rest and/or sleep away from the commercial truck for at least ten consecutive hours. An unrested driver is partially at fault , but the trucking company itself may also be held jointly liable. It’s extremely important to hire an experienced trucking attorney to review the specific facts and circumstances of your specific case to properly advise you about all of your legal claims and options.

 

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