In tractor-trailer truck accidents, a staggering 98% of fatalities occur to the individuals in the passenger vehicles. While truck accidents do happen in big cities like Philadelphia, the most severe of these accidents often occur on highways in more rural areas throughout the States. Although truck accident cases are often very complex; the Philadelphia Truck Accident Lawyers at KaplunMarx offer these four essential tips to help truck accident victims get the injury settlement they deserve.
1- Who is Responsible for the Truck Accident?
If you have been injured in a truck accident that was not your fault, you have the right to pursue the responsible parties and get money for your injuries. However, it gets complicated – depending on the cause of the accident. Many parties could be held accountable for a truck accident. Such as:
- The trucking company,
- The truck driver
- The loading company
- The truck manufacturer
- The company that performed maintenance on the truck
- The government entity responsible for maintaining the road where the accident occurred
And many more factors, pursuing the proper party is where an experienced truck accident attorney can help you get the injury settlement you deserve after your truck accident.
2- Investigation of the Truck Accident
When a big rig gets into an accident with a passenger car, the consequences can be disastrous. If you are injured in a truck accident, the importance of preserving evidence to support your case is vital. Often within a short period following a truck accident, the police want to clear the scene as soon as possible. In addition, the truck might get transported hundreds of miles away from the scene of a crash, and weather conditions can deteriorate skid marks and fluid marks. For these reasons, truck accident investigators, often sent out by a diligent law firm, will look at every aspect of the accident, including skid marks, location of impact, debris, fluid stains, and damaged vehicle parts. Having this account will help immeasurably. Remember, the trucking companies and their insurance carriers will have their investigators and experts out to the scene and compensate victims as little as possible.
3- FMCSA Regulations Apply to Truck Accident Injury Settlements
The Federal Motor Carrier Safety Administration or FMCSA is a separate agency within the U.S. Department of Transportation. The FMCSA was established under the Motor Carrier Safety Improvement Act of 1999; its stated goals: reducing crashes, injuries, and fatalities by improving the safety of large trucks and buses. The agency sets forth rules and regulations regarding required maintenance, driver rest periods, vehicle inspection, use of prescription medication, and other substances. Trucking companies and operators must maintain maintenance records, hourly logs, and other records. Further, trucking companies must carry higher levels of liability insurance.
In reality, not every trucking company complies with FMCSA regulations; investigation into compliance with the mandatory FMCSA regulations is an essential factor in your case.
4- The Truck Accident Settlement Offer After an Injury
Insurance companies are not in business to pay out money; in fact, it’s common for a trucking company’s insurer to offer a low lump-sum settlement in exchange for you granting a release to all involved parties and waiving all future rights to compensation. Valuation of your case hinges on many factors, including, but not limited to, medical bills, lost wages, disability, pain and suffering, and other accident-related expenses. Before you accept any settlement offer, have the Philadelphia Truck Accident Lawyers at KaplunMarx will review your case (free of charge) and explain your available legal options. Give us a call at 215-393-4895 or fill out the contact form on this page to email us about your case.