If you have questions in the aftermath of a truck accident you’re not alone. As an experienced truck accident injury law firm, we are prepared to answer your questions and provide any assistance you need. Before you talk to an insurance company, speak with Penn Kestner & Mcewen to get the answers you need.
We understand that every truck accident is different and there are a lot of questions that you may need the answers to. Below we have provided the answers to some of the most common questions our clients have brought to us about trucking injury lawsuits after being involved in an accident.
Do I need a lawyer?
After being injured in an auto accident, you will be thrown into a complicated and frustrating legal system. Some truck accident victims choose to handle their own accident claims, however, getting fair compensation for your injuries is not easy especially when you are dealing with commercial vehicles and big trucking companies. Throughout this time, you will also be recovering from injuries and worrying about medical bills. By hiring a truck accident lawyer, your stress will be significantly reduced and all you will have to worry about is your recovery process.
When should I contact an attorney?
It is important to contact an attorney as soon as you are able to after an accident. The sooner the process of collecting and preserving evidence starts, the more likely you are to have a successful outcome for your case.
How much will an attorney cost?
If you contact Penn Kestner & Mcewen to represent you in your truck accident lawsuit, you will only have to pay if you get paid. We have a “No-win, No-fee” policy that says our fee is a percentage of the settlement you eventually receive. There will be no money taken out of your pocket and no retainer fees. If we do not win money for you, you owe us nothing.
How much money can I expect to receive from my truck accident claim?
It is difficult to estimate the value of your truck accident injury claim until certain facts are known. In order to give you an accurate monetary assessment of your injury claim, we would need to know the extent of your injuries, how much time you lost from work, whether your injuries are permanent, and the limits of the responsible party’s insurance coverage. Once we are able to gather all the facts, we would be happy to give you an estimate as to the value of your accident injury claim.
How long does it take to settle a truck accident lawsuit?
There are a lot of variables that go into personal injury lawsuits. The duration of the case depends on your injuries and treatment as well as the level of cooperation from the other party or insurance company. The beginning of the process until a settlement can take 1-2 years if settlement negotiation is successful or 2+ years if a lawsuit has to be filed and go to trial.
Generally, the settlement process cannot begin until you have completed all of your medical treatment. You still want to hire an attorney while you are receiving medical treatment so that they have plenty of time to become familiar with your case. After your treatment is over, we will request medical records and then contact the insurance company with a settlement demand. If the insurance company refuses to pay what we believe to be a fair settlement, we will then file a lawsuit. Filing a lawsuit will increase the amount of time in which it takes to get you fair and reasonable compensation for your injuries.
Is there a time limit in which I have to file my truck accident claim?
A truck accident can very well lead to severe personal injury or wrongful death claims. These types of claims for a lawsuit will be subject to a statute of limitation which requires people to take legal action within a specific time period. The statute of limitations varies by state. A majority of states have implemented a two-year limitation on wrongful death claims resulting from truck accidents. In Minnesota, a lawsuit must be brought within (6) years of the date of the injury.
Who pays for the damage to my car?
If the car accident was caused by the fault of the other driver, generally the other driver’s insurance company is responsible for paying for the damage to your car. Because multiple parties can be held liable for a truck accident, they may all be held equally responsible for paying the plaintiff’s damages.
Who pays for my medical bills?
If the accident was caused by the other driver, any medical bills that you incur as a result of the accident are generally the other driver’s or trucking companies’ responsibility to pay. However, this doesn’t happen right away. In a truck accident lawsuit, the insurance company of the driver or truck company will pay your medical bills after settlement or a verdict and that usually doesn’t take place until years later. In the meantime, your health insurance will pay for your medical bills as they come in.
What if I am hurt, but I can’t afford to pay for a doctor’s visit?
If you were hurt as a result of the traffic accident, even if your injury seems minor, it is very important for you to go to the emergency room or your family doctor immediately. This provides documentation of your injuries, which prevents the insurance company from saying that you were not hurt. If necessary, we can often recommend doctors who will agree to see and treat you and wait to get paid after your case is settled.
What if the other driver does not have insurance?
If you have insurance, but the other driver does not, then we can proceed with your claim against your insurance company. This is called uninsured motorist coverage. Your insurance company will then attempt to collect their money back from the other driver. Remember, your insurance company, like the other driver’s insurance company, will want to pay you as little as possible.
What Are Big Rig Accident Injuries And Compensation?
Accidents are common on every state’s roads and a significant number of these accidents involve commercial trucks. When a truck is involved in a collision with passenger vehicles, the added mass has an unfortunate tendency to make the resulting injuries more severe. If you were injured in a big-rig accident, be aware that there may be compensation available to you.
No two truck accidents are exactly alike, and so every truck accident claim is distinguished by the unique circumstances that apply to it. One result of these differences is that it is difficult to compare settlements between cases. One plaintiff’s results may be very different from another’s, due to the subtle differences between their cases.
Are There Damages That Can Be Claimed In Trucking Accident Cases?
Semi-truck accidents are often extremely severe, resulting in major injuries that are difficult and costly to treat. When your case goes to court, you can seek damages related to both your tangible and intangible losses. Typically, personal injury victims are awarded three different types of damages. These include economic, non-economic, and punitive damages.
With years’ worth of experience handling 18-wheeler accidents and cases involving commercial vehicles, Penn Kestner & Mcewen is one of today’s leading personal injury law firms. Our lawyers are familiar with the monetary, emotional, and physical issues related to trucking accidents. Dealing with an accident like this is one of the most difficult things that anyone can go through.
Do I Need To Release My Medical Records After Being Injured In A Truck Accident?
In most cases, truck accidents are quite serious and can cause very serious injuries. The truck driver or owner’s insurance provider will often try to contact you following the accident. Insurance adjusters will try to ask questions regarding your accident and attempt to get information from you about your injuries. You need to understand that your best interests are not what the insurance companies are concerned about. Instead, their aim is to attempt to get claims resolved as soon as they can. Also, they will try to pay out as little as possible on your claim or not at all.
If you suffered injuries as a result of a truck accident, you should call a truck accident attorney to assist you with getting the compensation that you need and deserve.
Do You Need A Trucking Attorney?
If you have been in any type of auto accident, you may wonder if you need the assistance of an attorney. This is something that depends on a number of factors and you need to know what they are.
If you have been in a minor accident with minor injuries suffered and little or no property damage, you will be able to handle the insurance claim on your own. This will also help you keep more of the settlement because personal injury lawyers mostly work on a contingency basis. If your claim is small, the amount you get will be much smaller when you work with an attorney.
On the other hand, if the accident resulted in severe injuries or death, you need to talk to an experienced trucking attorney. There are many reasons for this.
What is the Liability For Improper Cargo Loading Accidents?
Falling cargo is one of the most serious threats to road safety. when trucks lose a partial or an entire load, it can cause serious danger to other vehicles on the road. Avoiding the ensuing debris that is scattered across several lanes may be nearly impossible. Serious accidents may occur due to this debris.
Frequently, the liability is placed upon multiple parties, however, it can be dependent upon several mitigating factors including the handling of the cargo that caused the accident in the first place. Those who are liable may include anyone that was supervising or overseeing the load.
It can be a complicated process at best to file a truck accident claim. If you choose to consult a Trucking Lawyer, we can help you in determining who is at fault and whether or not the cargo was safely secured.
Should I Get A Quick Response Team After A Truck Accident?
Really serious accidents that involve trucks happen frequently. The roads and highways in and around Minneapolis have their fair share of big trucks on them. If you happen to get involved in an accident that involves a truck, the experience can prove quite scary. Following a truck accident, you need to do a handful of different things. First of all, make sure the accident is reported to the police. Also, get medical treatment as quickly as you can for your injuries, or just to make sure you don’t have any. Following the accident, you should also have a consultation with a truck accident lawyer. The circumstances of the accident might leave you eligible to get financial compensation. Your attorney can get started immediately towards achieving the compensation that you both need and deserve.
Should I Give A Statement To The Insurance Company After A Truck Accident?
Driving is quite a dangerous endeavor but it is still much safer to drive today than it was in previous years. In the state of Minnesota, the MnDOT (Minnesota Department of Transportation) has reported that there is an accident every single minute. Thankfully, the vast majority of these accidents are not serious. Of course, there are certain accidents where there are bad injuries and damages. In the event that you get into a vehicular accident, you should be aware of your rights and ensure they are well protected by a Minnesota accident lawyer. This lawyer will look over all of the details of your particular accident and ensure that you get the monetary compensation you deserve due to the accident and the injuries you’ve sustained.
After you’ve been in an accident, the most intelligent thing that you can do is call and speak to an experienced truck accident attorney. They will look over your case and give you the best advice on how to go forward and how you should talk to the insurance adjuster.
What Is The Effect A Shortage Of Truck Drivers Has On Safety?
All roads from highways to interstates are used by semi-trucks, big rigs, and 18-wheelers. With these vehicles on all roads, many people are surprised to find out that there is a lack of approximately 60,000 commercial truck drivers. One analysis of this shortage places the number around 100,000. Regardless of the current number, industry experts are expecting this shortage to triple by 2026.
A lot of people wonder why there is a shortage of drivers. Experts have linked this to the aging workforce, the high turnover rates, and the reduction of capacity under changes to regulations. Lifestyle and safety concerns have also led truckers to leave the industry.
What Are Causes of Truck Accidents and Negligence?
Trucks tend to pose one of the biggest safety threats to other motorists on the road due to their sheer size and weight. In the event of a small error on the truck driver’s part, then the damages and injuries inflicted on other smaller vehicles and their occupants can be devastating.
A single commercial truck that is fully loaded can weigh in excess of 80,000 pounds. In case the trucks are carrying additional cumbersome loads or the loads are not well balanced, this will drastically alter the dynamics of the truck in motion. This usually leads to accidents.
Same as with other drivers, truck drivers can be found guilty of similar types of dangerous and reckless activities. The only difference is that the consequences of their negligent behavior are more far-reaching and devastating. This is caused by the size of the vehicles they are operating and what they are carrying.
How Understanding And Reducing Truck Driver Fatigue Requires More Research?
Researchers have found that truck driver fatigue contributes to a number of accidents on today’s roadways. Currently, however, there are no clear answers regarding how to reduce accidents like these. The National Academies of Science, Engineering, and Medicine recently put out a report at the request of the Federal Motor Carrier Safety Administration. In the report, they recommend doing further research and gathering more data to develop a better understanding of the relationship between truck driver fatigue and safety.
Why does this information matter? Out of the 4,000 bus or truck-related deaths that were studied, between 10 and 20% of the accidents were caused by truck driver fatigue. These statistics are drawn from the report mentioned above.
Why Are Truck Blowouts Dangerous?
Semi-trucks have a lot more tires than the average passenger vehicle. It is easy to assume that the additional tires will help the truck avoid problems if there is a blowout or other tire issues. While the additional tires do provide support for the truck as it is moving and help the vehicle avoid veering off the road, a blowout can still be very dangerous and in some cases fatal.
If you have been hurt in an accident that involves a truck tire blowout, you need to get the advice of an expert truck accident attorney. These attorneys are knowledgeable about the law in your state and how this affects your case. They also understand the issues you could face while fighting to get the compensation that you require to cover your injuries and damages.
Contact Us for Legal Help
An accident with a large commercial vehicle can turn your life upside-down. In an instant, you can lose a lot and incur a lot of damages to your assets and self. Along with this, you have to deal with a serious personal injury and financial repercussions of the accident for years to come.
These types of situations are hard to deal from the injury and medical bills to the lawsuit. That is why Penn Kestner & Mcewen are here to help talk a lot of the burden off and help you throughout the entire process.
If you believe that you or a loved one has been injured as a result of a truck accident, contact us today for a free, no-obligation review of your case. Our office is available 24/7 to be at your convenience.