When it comes to accidents involving 18 wheelers, victims often make critical mistakes that can ultimately impact the outcome of their case. These mistakes can range from not hiring an experienced attorney to not understanding the complex laws surrounding trucking claims. In this blog post, we will discuss the top three mistakes that victims commonly make after being injured in an accident with an 18 wheeler, and how to avoid them.
No. 1 Not Hiring an Experienced Attorney
One of the most common mistakes that victims make after being injured in an accident with an 18 wheeler is not hiring an experienced attorney. Trucking accidents are not the same as car accidents, and the laws and regulations surrounding them are much more complex. An attorney who is not familiar with trucking laws will not be able to effectively navigate the legal system, and may not be able to secure the compensation that the victim deserves.
When searching for an attorney, it is important to look for someone who has a successful track record of handling trucking claims. You should also look for an attorney who has a good reputation in the legal community. A good attorney will have a high success rate in trucking claims, and will be well-respected by their peers.
It is also important to note that trucking companies are well aware of the complexity of trucking laws and regulations, and they often have teams of lawyers working to protect their interests. In order to have a chance at success in your claim, it is essential to have an attorney who is experienced in handling trucking claims, and who can go toe-to-toe with the trucking company’s legal team.
An attorney with experience in trucking claims will also be able to identify and anticipate potential roadblocks in the legal process, and can work to mitigate them. They will also be able to advise you on the best course of action and keep you informed every step of the way.
No. 2 Not Understanding the Complex Laws Surrounding Trucking Claims
Another common mistake that victims make after being injured in an accident with an 18 wheeler is not understanding the complex laws surrounding trucking claims. These laws can vary from state to state, and are often subject to interpretation. It is crucial to have an attorney who is well-versed in the laws that apply to your case and can ensure that you are aware of all your legal rights.
One important aspect of trucking laws is the statute of limitations. In most states, the statute of limitations for trucking claims is shorter than for other types of accidents. This means that victims have less time to file a claim. It is important to seek legal representation as soon as possible after an accident to ensure that your claim is filed within the statute of limitations.
Another important aspect of trucking laws is the regulations surrounding trucking companies and their drivers. Trucking companies are required to comply with a variety of federal regulations, such as hours-of-service regulations and vehicle maintenance regulations. These regulations are in place to ensure the safety of other drivers on the road. An attorney who is familiar with these regulations can use them to strengthen your case, and hold the trucking company liable for any violations.
It is also important to note that trucking companies are also subject to state regulations. An attorney who is familiar with state regulations can use them to strengthen your case as well.
No. 3 Not Gathering Enough Evidence
The final mistake that victims commonly make after being injured in an accident with an 18 wheeler is not gathering enough evidence. In order to build a strong case, it is important to have a substantial amount of evidence to support your claim. This may include things like pictures of the accident scene, medical records, and witness statements.
If you are unable to gather enough evidence on your own, your attorney can help you by conducting an investigation and gathering evidence on your behalf. This can include things like hiring an accident reconstruction expert, or subpoenaing the trucking company’s records. It is important to have a strong case built on solid evidence in order to have the best chance of success.
One important piece of evidence that your attorney can help you gather is the truck’s black box. A truck’s black box, also known as an electronic control module (ECM), records important information such as speed, braking, and engine performance. This information can be crucial in determining the cause of the accident and can be used to hold the trucking company liable.
Another important piece of evidence is the driver’s logbook. Federal regulations require truck drivers to maintain a logbook of their hours of service, including the time they spent driving, resting, and on-duty. An attorney can use the driver’s logbook to determine if the driver was in compliance with hours-of-service regulations, and if any violations may have contributed to the accident.
In conclusion, trucking accidents are complex, and the laws that govern them can vary from state to state. Victims of trucking accidents often make common mistakes that can ultimately impact the outcome of their case. These mistakes include not hiring an experienced attorney, not understanding the complex laws surrounding trucking claims, and not gathering enough evidence. To avoid these mistakes, it is important to seek legal representation from an attorney with a successful track record and reputation in trucking claims, understand the laws that apply to your case, and gather enough evidence to support your claim. By avoiding these mistakes, victims of trucking accidents can increase their chances of success and receive the compensation they deserve. Remember, the trucking company will have a team of lawyers working to protect their interests, so it’s important to have representation that will fight for yours. Don’t let these mistakes stand in the way of getting the justice and compensation you deserve.
