Experienced Trucking Injury Attorneys
Were you recently injured in a truck accident? Searching for a personal injury attorney near you? Contact our MN truck accident attorneys today for a free consultation.
Thousands of trucking accidents happen every year. These large commercial vehicles can cause deadly collisions with smaller cars. Penn Kestner & Mcewen have an experienced law firm with a long history of dealing exclusively with those who have been injured in trucking accidents. We have helped thousands throughout Minnesota get the money they deserve and we can help you.
Unlike personal vehicles, commercial trucks must comply with a special set of federal and state regulations. Violation of these regulations is the most common cause of trucking accidents and the most common grounds for a lawsuit. A dedicated truck injury lawyer will help explain the regulations and which ones apply to your case.
Minnesota Truck Accident Statistics
According to the Minnesota Department of Public Safety, the most recent report on Minnesota crash facts in 2017 states that there were 4,317 truck accidents reported that year, killing 60 people and injuring 1,356 people most of which were in the other vehicles. This number was up 4% compared to the previous year.
Minnesota Trucking Laws
Both federal and state safety regulations require that semi-truck drivers and companies meet certain qualifications. These laws include driver regulations as well as company truck regulations.
Federal regulations include:
- Driver Regulations of physical state, medical state, driver history, hours of service, and general qualifications
- Vehicle Regulations of inspections, exhaust systems, tires, and markings
- Company Regulations of drug and alcohol testing, registration and insurance, operating authority, safety fitness, employee safety, and financial responsibility
Minnesota state regulations require that each driver employed by a motor carrier have a driver qualification file that includes their application, past 3 years of employment history, past 3 years of driving history, annual driving records, annual account of certification of violations, certificate for road test, and a medical certificate renewed every two years. Other requirements match the federal regulations.
For more information regarding the state trucking laws and regulations visit the Minnesota Department of Transportation.
What Happens in a Trucking Accident Injury Case?
After being involved in a trucking accident, there are a lot of steps that need to be taken. An injured person has the option to Minnesota truck accident lawyer and sue the truck driver or his trucking company for injury and damages resulting from a negligent incident.
In Minnesota, all claims regarding trucking accidents are controlled by the state’s comparative fault statute. Within this law, there are two things that everyone involved in these types of lawsuits should know. One is that fault is only established by proving that some form of negligence was involved and contributed to the accident. The second is that liability can be split multiple ways. This is because Minnesota is a comparative negligence jurisdiction which means it is possible for multiple people to be responsible or at fault for the same accident.
The first step that your truck accident lawyer will help you with in a trucking case is to determine who is at fault and what the damages are. Evidence, including photos, police reports, insurance reports and hospital documentation is very important here. This evidence shows the two most important aspects of the case. First, that the incident was caused by some form of negligence related to the driver, trucking company or both. Second, that certain damages were sustained as a result of the accident and the amounts of these damages.
Common Causes of Truck Accidents Involving Violation of Federal Regulations
- The driver was under the influence of alcohol or other drugs or was in possession of them. This will usually result in a lawsuit against the driver for personal negligence.
- The driver’s alertness or ability to operate the vehicle was impaired by fatigue. If the driver was not taking the necessary required rest breaks to prevent fatigue over a long trip, they may be liable. The company may also be liable for making unreasonable demands upon the driver in terms of when they need to deliver shipments, thus encouraging the driver not to take proper rests.
- The vehicle’s critical parts and accessories were not up to standards required by federal law. It is the driver’s responsibility to check his truck. It is also the company’s responsibility to check trucks and keep their fleet in compliance with safety regulations.
- The freight or cargo was not properly secured. Loaders may have initially secured the load, but it is the driver’s responsibility to check the load and continue to ensure that it is secure throughout the journey.
- The driver was pushed to operate at illegal speeds in order to meet a deadline. The driver is liable for making the choice to drive faster than the speed limit and the company s liable for pushing unreasonable deadlines on the driver that encouraged illegal speeds.
Truck Accident Lawsuit
After filing a lawsuit against a truck driver or company for negligent actions causing substantial personal injuries, there will be a decision for settlement to award the plaintiff damages. This is sometimes a long process and the settlement amount is based on several factors. The plaintiff may be awarded economic, non-economic and punitive damages as a result of a truck collision.
Economic damages relate to the actual calculated cost of the trucking accident in terms of lost wages, medical bills or repair bills. Non-Economic Damages relate to the incalculable damages such as pain and suffering. The jury awards an amount they think appropriate for the case. Sometimes the court will award punitive damages when a company is being sued. These damages are meant to serve as a warning to the company that they need to fix the problem that caused the trucking incident.
How Much is My Personal Injury Case Worth?
There are many factors that go in to determining how much your personal injury case is worth. Some of these factors include:
- The extent of your injuries
- The amount of pain and suffering involved
- The cost of all medical bills including future
- The amount of insurance coverage
- Your ability to continue your job
- The amount of past and future lost wages
- Your ability to uphold your lifestyle
Previous Settlements Retained by Minnesota Trucking Lawyers
Our team is experienced in assisting through all parts of a truck injury lawsuit including investigation, development of case, and negotiation or trials for settlement. We have proven our talent through our previous settlements and trial verdicts that include numerous multi-million dollar results. Though we practice nationwide with trucking cases, we are based out of Minnesota and have extensive knowledge about the laws regarding trucking in Minnesota. Below is a list of some of our truck accident lawsuit settlements.
- $17 Million settlement for trucking accident resulting in wrongful death of 3 people.
- $13.5 Million settlement for trucking accident resulting in catastrophic injury and permanent disability.
- $2.5 Million settlement for speeding semi-tractor crash resulting in traumatic brain injury to passenger in utero.
- $2.25 Million settlement for trucking accident resulting in wrongful death of one and traumatic brain injury and other serious injury to others.
- $2.05 Million settlement for wrongful death due to trucking accident
Click Here to see more of our past settlements and verdicts and for verification of our experience, knowledge, and success.
Contact a Trucking Accident Lawyer in Minnesota
Trucking injury cases can be complicated and a knowledgeable Minnesota truck accident lawyer is needed. A dedicated MN personal injury lawyer from Penn Kestner & Mcewen will help you realize your case and get the most out of it in court or in settlement. Contact us today for a free consultation – (800) 732-3070!