Trucking Accident Lawyer

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Who Is Liable in a Truck Accident?

Determining who’s at fault is one of the critical issues in a truck accident case. In order to be successful, you must be able to prove that the truck driver or other parties were negligent. Trucking companies are often held liable for their employees’ negligence. local If a truck driver is an independent contractor, on the other hand, he or she can be held personally responsible for causing a crash. Sometimes, trucking companies will try to claim that a trucker they employ is an independent contractor to try to get out of being sued. But independent contractors must meet very specific conditions under employment and tax laws.

Texas is a modified comparative negligence state. What this means is that any person who contributed to their accident and injuries through an act of their own negligence can still recover compensation as long as they are less than 50 percent at fault. However, their compensation will be reduced in proportion to their degree of fault. If the injured person is more than 50% at fault, they cannot recover any compensation for the accident. For example, if you are involved in an accident caused by a speeding truck driver, but the court finds that you slightly contributed to the accident by five percent because you were texting at the time of the accident, you can hold the truck driver liable for 95 percent of your damages.

People who are injured or lose a loved one in a trucking accident can sue for damages. The person or party that is responsible for causing the accident can be held liable. Usually it is the driver, carrier, shipping firm or manufacturing company that is held liable. Insurance companies can also be held liable to pay, if they are providing coverage. The majority of accident lawsuits are settled out of court and less than 10% actually go to trial and subsequent verdict. The affected party can claim for wrongful death of a loved one, the cost of medical or funeral expenses, lost wages, vehicle damage, legal expenses and any other costs they incur due to the accident.

What’s the Average Semi Truck Accident Settlement?

If you are involved in a semi truck accident, you may be entitled to a variety of damages such as: medical costs property damage to your vehicle punitive damages against a driver or third party that was reckless the amount of award or settlement varies with your injuries, long-term prognosis and the facts of your case. food

Automobile accidents can be devastating events that alter people’s lives. The devastation is multiplied if the accident involves a massive semi truck loaded with cargo. As a result, there can be more intense trauma, severe injuries, costlier repairs, and higher medical bills. According to the federal motor carrier safety administration (fmcsa), large trucks (trucks heavier than 10,000 pounds) caused approximately 510,000 accidents in 2019. Of these 510,000 accidents, 119,000 (23%) of these accidents resulted in injury or death. Semi trucks average 10,000-25,000 pounds when unloaded and thus account for nearly all “large truck” accidents. Compensation claims were likely filed in almost all the 119,000 accidents involving injuries or fatalities in 2019.

Our client, a semi-retired truck driver, was diagnosed with a tear of his rotator cuff following an accident involving his semi and two other vehicles in central will county. After undergoing surgery and physical therapy, our client received a settlement payout of $175,000. 00 from the at-fault driver as compensation for his injuries, including pain and suffering and his temporary loss of normal life.

California Truck Accident Verdicts & Settlements

We are pleased to present to you the list of the top 50 truck accident settlements obtained in california in the year 2021. The list is comprised of cases filed either in a state or federal court, as well as those settled prior to commencing a lawsuit. For firms that have made the list and would like to signify their achievement on their website or in other marketing materials, topverdict. Com has issued a special electronic badge that is available for purchase here. If you are an attorney who has obtained one of the verdicts on this list, you can display a separate, personalized badge on your bio page to showcase your victory and potentially generate more business for your firm.

Below are examples of recent settlements and verdicts we have achieved for our clients injured in california accidents. Gjel accident attorneys has handled all types of serious injury and wrongful death cases including car accident cases, rear-end collisions, dui accidents, and hit-and-runs, earning millions for personal injury and wrongful death clients from defendants and insurance companies. We have obtained some of the largest car wreck injury settlements in california for our clients. You will find a small sample of our car accident settlement examples below. $100,000auto vs. Auto accident in unincorporated contra costa county view case $420,000woman in sacramento county truck vs.

One of the most common causes of truck accidents is driver fatigue. The federal highway administration’s driver fatigue and alertness study describes that fatigue exacerbates all the problems that cause truck accidents. Often, these truck drivers are overworked and over-exhausted from driving all day and night. Creating a situation where a driver cannot concentrate or potentially fall asleep at the wheel. This study showed that the average truck driver only gets 4. 8 hours of sleep. The skill and knowledge required to drive a commercial vehicle don’t leave room for a lapse in concentration.

Now that roughly 125,000 trucks pass through manhattan each day and another 73,000 crosses into brooklyn’s boundaries, too many bicyclists, pedestrians, motorcyclists, and those riding in other motor vehicles are suffering severe accident injuries and even death. In fact, back in march of 2023, multiple people were seriously injured due to a u-haul driver hit during an event described by local news outlets as a “rampage. ”contact our team at (212) 222-1111 for your free case evaluation. Furthermore, during the morning hours of october 2022, a pedestrian walking in midtown manhattan was struck and killed by a tractor-trailer on west 44th steet near eighth avenue.

While at the hospital or recovering, you will not be able to report to work, resulting in a loss of income. The same scenario applies to those who suffer temporary disability. Thankfully, truck accident settlements can include claims for lost wages. To calculate compensation for lost wages, simply multiply the number of days missed by the daily income the plaintiff earns. Things can get more complex if the victim is a mixed-income earner or has variable shift hours. In these cases, the court may decide to use an average number of hours as a blanket multiplier. Let your truck accident attorneys know about your sources of income so you can get a fair settlement.