According to statistics, a heavy truck was involved in an accident in Utah every 3 hours in 2014. Overall, in 2014 there were 54,036 motor vehicle accidents which resulted d in 256 deaths and 23,364 persons injured.
Is this why auto manufacturers are racing towards the autonomous vehicle finish line? Well, this is another topic but numbers like this does not paint a pretty picture on humanity’s driving resume.You even need your hands and fingers to use the incredible USAttorneys.com website if you need legal help. Autonomous driving is not hear yet!
Major elements of truck accident cases
Utah truck accident cases are very different from usual auto or car accident cases from a legal stand point. This is because truck accidents and all trucking related operations are subjected to exclusive trucking laws which are a separate and distinct set of laws that do not come under a state’s usual traffic laws or auto laws.
The reason trucking operations are subjected to an extensive and exclusive set of trucking laws is because trucking in the country is an activity which needs more scrutiny, regulations and safety policies surrounding it.
This is because of the fact that commercial trucks are large, heavy vehicles which are capable of causing catastrophic accidents which would potentially be much more severe and fatal in nature when compared to the average car accident. Of the 256 deaths in 2014, heavy vehicles accounted for 20 fatalities, which is 8% of the total number of deaths.
Briefly described, below are some elements unique to truck accident cases, as explained by attorneys.
State vs. federal trucking laws
Not only are trucking operations subjected to the state’s trucking laws but are also required to abide by federal trucking laws which are in effect courtesy of the Federal Motor Service Carrier Administration (FMSCA).Trucks come in all shapes and sizes. Sometimes these truck drivers lose their focus and are thinking about something else rather than driving properly. It is sad but it does happen.
These federal laws are applicable all across the country and cover all aspects of trucking from driver licensing to vehicle inspections and everything in between.
According to legal pros, when dealing with a civil personal injury lawsuit, the plaintiff will certainly benefit from checking whether the trucking company or the defendant had violated any federal trucking laws in causing the auto accident or even if they had violated any trucking laws at any point in the past also. If such violations transpire, then it will certainly serve as ammunition for the plaintiff in his or her lawsuit.
Out of court settlements
It is likely that if you have been hurt in a negligently caused truck accident that a truck accident insurance adjustor will approach you as soon as feasible after the vehicle accident and offer you a settlement amount. Legal counselors who work in this legal arena explain that a settlement will mean that you also enter into a legal agreement with the defendant not to file a lawsuit in the matter.
Therefore, if you are going to accept a settlement, then it is a judicious idea to understand how much your claim is worth and negotiate accordingly so that you actually receive a settlement amount which is fair. This is why you need a legal pro! What this insurance rep will offer you is representing the opposition in this case is not what your case is worth. You need to think long term, not short term.
You do not even know the extent of your injuries yet. You do not just deserve enough money for a new fender and paint job, how about the engine that does not work and your lost time at work and your pain and suffering?
There may be several liable parties in a truck accident case such as the truck driver, the trucking company, the truck owner, the truck manufacturer, etc. It is vital that you list all liable parties in your lawsuit as defendants otherwise you will not receive full compensation even if you successfully prove your lawsuit.
Talk to a Utah truck accident lawyer today to get working on your claim. Click and call! Any questions? Contact us and we will get back to you perhaps that same day.