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Truck accident cases often involve circumstances that make them more complex and difficult to handle than a standard car accident case. One of the most important legal issues is the statute of limitations. Almost all personal injury cases are time-barred if not filed within two years. This is true about truck accident cases. However, truck accident cases also involve various companies from out of state. Likewise, the driver of the semi-truck often lives out of state. These circumstances make it more difficult to correctly identify the defendants and also to get the defendants timely served with the lawsuit. If the statute of limitations passes and a correct defendant was left out of lawsuit or cannot be located, you may lose your claim. The best way to prevent this from happening is to file the lawsuit long in advance of the statute of limitations. It is not a good idea to wait to get legal advice if you have been injured in a trucking accident. You should seek legal advice immediately because of the complexity of these cases.
Another complexity in semi-truck accident cases is knowing who is at fault. Truck accidents often involve a driver, a trucking company, a broker, and shipper. The relationship among these entities will likely determine if someone other than the driver is also at-fault for the accident. For example, the general rule is that shippers and brokers are not liable for the negligence of the semi-driver or trucking company. However, there are exceptions to this rule. Our attorneys investigate all parties that may be at-fault to make sure that our clients receive maximum justice under the law.
Truck accident cases also often involve violations of safety regulations. The Federal Motor Carrier Safety Regulations are federal rules that govern the trucking industry. They are the minimum safety standards for commercial motor vehicles and their drivers. They only apply if the vehicle has a weight of 10,000 pounds or greater. Some of the most common violations relate to driving violations, driver qualifications, vehicle maintenance and drug and alcohol violations.
The physical injuries caused by semi-truck accidents are often catastrophic. People often need major surgery as a result of the crash. Many people stop working or are not able to return to their same job. Our attorneys spend the time necessary to prove our clients’ damages. Cases of clients who have been horribly injured often benefit from a life care plan. This is a report that details your future financial needs after a catastrophic disability. Life care plans help us prove your significant loss. We also work to prove your pain and suffering damages. There is no mathematical formula determine how much money in pain and suffering damages should be awarded. Nonetheless, explaining the injury by working up the case and showing the loss through photos, videos, and interviews is often necessary to illustrate why damages are real and significant.
Truck accident cases often cause someone to die. When this happens, the case becomes a wrongful death case. Tragic and sudden deaths are uniquely painful because they involve an abrupt end. There is no warning that you are going to lose your loved one. Your loved one is taken from you. This causes a range of emotions including shock, disbelief, anger, sadness and depression.
Our attorneys are here when this happens. We will guide you through the legal process and help bring closure and justice. We encourage you to contact us at our office in Dubuque so that we can learn more about your case. You only pay a fee if we collect money on your behalf.