Truck Accident Injury Causes & Litigation Factors
If you or a loved one is currently an accident victim as the result of a collision involving a commercial truck or bus, you need to be aware of some very important facts. A trucking accident is much more than a car accident in terms of damages and any attorney who treats a trucking accident as a garden-variety automobile collision has no rightful business attempting to litigate it as such.There is a highly complex set of both state and federal statutory regulations that govern the operation of commercial vehicles and this great body of motor carrier law is no playground for the uninitiated. Successfully litigating a trucking accident claim to acquire for an injured party the just compensation to which they are entitled involves the mastery of a number of distinct disciplines and a large body of highly specialize knowledge. A truly qualified law firm involved in these types of cases will be well apprised of the strict insurance requirements that apply to motor carriers, the plethora of statutorily mandated trucking practices that regulate the trade, and the specific technologies that underscore and implement those practices. Our Minnesota truck accident attorney team at McEwen & Kestner has that precise knowledge, experience and litigation skill at your disposal to insure the best possible results toward making your life whole again.
There has been a substantial rise in the number of trucking accidents on the crowded highways of Minnesota in recent years. This is especially true in the Twin Cities metro area. Trucking traffic is a great symbol of the wonderful prosperity we all enjoy here in Minnesota, but the downside of that economic activity is an increased risk that you or a family member may become victim to a trucking mishap. The statistics are not the least bit encouraging! Almost 5,000 fatalities occur annually in the US. As one might well expect, when a forty-ton truck collides with a two-ton car, the car and its occupants will sustain the lion’s share of the damage and injury. Small family vehicles are constantly and unavoidably jeopardized by large commercial freight carriers on our busy roads. To the great credit of the many highly-responsible and conscientious trucking professionals who represent the vast majority of practitioners of this trade, our Minnesota highways remain safe and passable economic arteries. But still, owing to a variety of reasons, serious accidents that result in personal injury continue to occur. Every trucking accident has an avoidable cause. At McEwen & Kestner our Minnesota truck accident attorney team is skilled at determining that cause and the level of liability that attaches to that cause so that a viable, winning case may be made on behalf of our clients.
Motorized freight carriers are highly regulated to insure that both drives and trucks function safely. Drivers are required to update their hour logs on a regular basis to insure they do not surpass the legally prescribed driving limits and subject themselves to sleep-inducing fatigue. Freight companies are required to maintain rigorous maintenance schedules of their entire rolling stock. Hauling weight is restricted by statute. The responsibility forthe safety of the driving public does not rest solely upon the shoulders of over-the-rode drivers alone, however. The owners of trucking fleets, major manufactures of 18-wheelers and other “big rigs”, as well as government entities that maintain public roads, bridges, and overpasses all bear the same burden of insuring the highest level of public safety in their operations. The following are the most common causes of trucking accidents:
- The personal negligence of a driver under the influence of drugs or alcohol
- An overly fatigued driver pushed by his company to meet an unreasonable deadline
- A poorly maintained vehicle
- An improperly secured load
- A driver who was speeding to meet an unreasonable deadline.
- Poorly trained or poorly supervised drivers
Depending on the particular circumstances of the case there are a large number of potentially liable parties to a serious trucking accident. Sorting out these culpabilities and the degree of liability that attaches to each of these is a complex legal task that requires the expertise of a professional Minnesota truck accident attorney. Our experienced Minnesota truck accident attorney team at McEwen & Kestner knows better than to approach this type of litigation as a simple car accident, can navigate this legal labyrinth and apprise you of the totality your legal options with an eye toward acquiring for you the just compensation to which you are entitled under the law. Among the things our Minnesota trucking accident attorney team at McEwen & Kestner may well be required to do on your behalf are the following:
- Investigate all relevant police reports, driver logs, and corporate maintenance records
- Examine delivery deadlines, training records and driving conditions as relates to weather
- Physically inspect the vehicle ourselves with the aid of qualified experts
- Review the experience of drivers, public safety records and all disciplinary records
- Reconstruct the accident scene
- Consult with witnesses and accident experts
A truck accident lawyer should review an insurance agency’s offer
As the pieces of the accident puzzle are put into place, our Minnesota truck accident attorney team will be able to draft an unchallengeable, case-closed legal pleading that can be submitted to the proper court or insuring agency. Such accident settlements inevitably fall into the domain of large, well-capitalized insurance companies who more often than not retain their own, in-house, specialized attorney teams. You may be assured that these insurance company attorneys are less concerned with the wellbeing of you and your family than they are with the profitability of the company that employs them. Their favorite tactic is to approach an accident victim early on with a settlement offer that may seem attractive on first glance but falls far short of a realistic amount to insure long-term recovery of the victim. It is universally true that a first offer by an insuring agency should never be accepted without the benefit of a qualified Minnesota truck accident attorney reviewing such offer for sufficiencyin order to negotiate a much more enabling settlement for you. Our experienced truck accident attorney team at McEwen & Kestner will examine every aspect of such a premature offer to insure you receive fair compensation to make you and your family whole once again.
We can assist you in recovering:
- Economic damages for your medical expenses, lost wages and vehicle repair or replacement
- Non-economic damages for pain and suffering
- Punitive damages to provide the necessary incentive to a liable party to amend their ways.
We have done so for many of our well-satisfied past clients. We will do no less for you and yours.
If you or a loved one has been the victim of a truck accident call our experienced Minnesota truck accident attorney team without delay. Time is an important consideration in such cases. Evidence must be gathered and witnesses must be located before they vanish. They must be contacted and their sworn testimony deposed as part of the court record. All the relevant police reports and corporate records must be subpoenaed and reviewed. A physical inspection of the vehicles by one of our affiliated crash experts may also be required. Your initial, free consultation will allow us to assess the facts of your case and present to you ALL of your legal options. Don’t hesitate to call us, McEwen & Kestner at 800-732-3070 locally here in the Twin Cities metropolitan area. Only YOU can start this processto achieve the compensation for your damages and injuries that you so justly deserve. We can and will handle it from there. You have nothing to lose and a lifetime of security and wellbeing to gain for both you and your family. Call us now!