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Hours of Service Laws And Your Texas Truck Accident Claim
Commercial truck drivers must generally follow the laws that apply to regular traffic and then some. 18-wheelers can cause significantly more damage than a personal vehicle should they crash. They are also much more challenging to drive than a typical family car, requiring additional training to operate safely. It makes sense for there to be extra regulations that apply only to commercial trucks. One of the most important safety laws that truck drivers must abide by are hours of service regulations. Hours of service regulations are set out by the Federal Motor Carrier Safety Administration and apply to truck drivers in every state. An hours of service violation can have serious implications after a truck accident.
What Are Hours of Service Regulations?
These laws control how long a driver can keep going without a break, and how long that break must be. Their main purpose is to ensure that truck drivers are well-rested and alert. Operating such a large vehicle on public streets requires a lot of focus. Fatigued or sleepy drivers are much more prone to mistakes. Drowsy driving can lead to accidents - possibly including yours. If you were hurt in a truck accident, it is certainly worth investigating.
5 Ways to Prove That a Tire Defect Caused Your Accident
Defective tires put everyone on the road in danger. They can burst without warning, causing the driver to lose control of the vehicle. Defective tire crashes are more likely to happen at higher speeds, so they can be particularly serious. Multiple vehicles are often involved especially when these accidents happen on the highway. If you were hurt in a car crash caused by a defective tire, the maker or seller of the defective tire can be held liable. They had a duty to put only reasonably safe tires on the market, and their failure to do so resulted in injuries. The difficult part may be proving that your accident was in fact the result of a tire defect. To do so, you will probably need to enlist the help of an experienced tire defect attorney. Multiple types of evidence may be needed, and a thorough investigation will need to be performed.
Accident Reconstruction May Be a Powerful Tool in Your Commercial Truck Wreck Case
Commercial trucks, including semi-trucks, flatbeds, and delivery trucks, are much larger than most of the vehicles on the road. This means that crashes involving commercial trucks often cause significant property damage and serious injuries. Sadly, many commercial truck accident victims do not survive. If you were hurt or a loved one died in a truck crash, you may be interested in taking legal action against the trucking company.
Bringing a successful injury or death claim against a trucking company or carrier is no easy feat. To win the case and recover damages, the plaintiff and his or her attorney must prove several elements, including the cause of the crash and the party at-fault for the crash. Accident reconstruction can be a valuable tool in truck accident cases.
What is Accident Reconstruction or Crash Reconstruction?
Recovering Damages for an Injured Child After a Car Crash
Seeing your child get hurt in a car accident can be a traumatic experience for a parent. You probably do everything you can to keep your child safe. Having another driver carelessly harm your child can feel like a real-life nightmare. After you have gotten your child to safety and had their injuries treated, you may start to wonder how you can hold the negligent driver accountable for what happened to your child. Since minors cannot file a lawsuit on their own behalf, you will need to act on their behalf. As a parent or guardian of a minor, you can pursue compensation for your injured child. An attorney can help you determine what the best next steps are.
What Damages Can a Minor Recover?
Calculating damages owed to a minor who has been injured in a car accident can be a little more complicated. Minors are not responsible for their own medical bills, and any income they earn technically belongs to their parents. This does not mean that recovery for these damages is impossible - rather, it must simply be sorted out who is owed what. Minors can recover most of the same damages that adults can, like:
Understanding the Importance of Spoliation Letters in a Texas Truck Wreck Case
Semi-trucks, flatbeds, delivery trucks, and other commercial trucks are usually much bigger than the other vehicles on the road. Consequently, accidents involving commercial trucks are often catastrophic. If you or a loved one were injured in a serious truck crash, you may be able to hold the at-fault party accountable and recover financial compensation through a truck crash injury claim. Obtaining and preserving evidence is a crucial aspect of a successful claim.
Preserving Evidence So it is Not Lost or Destroyed
Robust evidence is a necessity if you want to win your truck accident case. You will need evidence to prove that the at-fault party’s actions caused the crash and that your injuries were the result of that crash. You will also need to prove that you sustained damages as a result of your injuries.
Crucial evidence in a truck accident case may include:
What if the Driver Who Caused My Accident Was Uninsured?
When a careless driver crashes into you, you can be thrown into a horrible situation. You might be in pain from your injuries. You could be missing work or unable to fulfill your household responsibilities. Your vehicle is probably totaled, forcing you to replace it. The one saving grace in that situation should be that the responsible driver’s insurance company is supposed to pay all your expenses so that you do not suffer any financial losses. When it turns out that the other driver does not have insurance - or his insurance is insufficient to fully compensate you - you may be wondering who will pay for your expenses and lost income due to the accident. Your best bet is to contact an attorney who can help you understand your options for making a financial recovery after a serious accident with an uninsured motorist.
Who Pays if the Other Driver’s Insurance Will Not?
You may have multiple options for recovering financial compensation after a crash caused by an uninsured motorist. The two main parties you could recover compensation from are your own insurance company, and the other driver himself. There are benefits and drawbacks to both. A lawyer can help guide your decision about which route to pursue.
Vehicle Defects That Can Cause Crashes - And Who Might Be Liable
Most of the time, it is merely an annoyance when some component of a vehicle stops functioning. A tire starts to go flat, so you pull over unharmed. The battery dies and you need a jump to get it started. Other times, however, a mechanical problem on a car can be dangerous. When a vehicular malfunction leads to a car accident, untangling liability might be complicated. Proving that the accident was in fact caused by a mechanical failure is just the first step. There are a number of other considerations and a number of different parties who could be liable. You will want to work with an attorney who is experienced in handling these complex cases.
Which Vehicle Defects Are Likely to Cause Accidents?
When a breakdown happens while someone is driving, there is a distinct possibility that a car crash will happen. Some types of vehicular malfunctions that are likely to cause accidents include:
Getting Medical Care Before a Settlement Without Health Insurance
When you have been injured by someone else’s negligence, they may be legally obligated to cover your medical bills and other costs related to your accident. However, depending on the complexity of the case and how cooperative the defendant (or their insurance company) is, it may be months or years before you see a dime of compensation. In the meantime, you are hurt now and you need health care now. If you are one of the millions of Americans who do not have health insurance, getting the care you need when you need it can be a challenge. There are several ways that you can try to get your injuries treated. An attorney may be able to help guide you through the process of seeking care now.
What if I Need Emergency Care After the Accident?
It is important to know that hospitals are required to treat anyone who is having a medical emergency, whether they have insurance and are able to pay or not. You can be treated in the ER right away, and you will not be discharged until it is safe for you to go home. The bill can be addressed later.
Are You Underestimating What Your Car Accident Claim Is Worth?
After a negligent driver leaves you injured, one of the first things that is going to happen is that you will get a phone call from the other driver’s insurance company. They will be hoping you answer personally instead of referring them to your attorney. If this is the case, then they will most likely make you an offer right away. The offer will probably sound quite good. They may even give you a six-figure number that seems like way more than enough to cover your medical expenses in addition to fixing or replacing your vehicle.
Do not take this offer. While it may sound like a lot, accepting this offer could end up costing you quite a bit of money. Your best bet is to seek out an experienced attorney who can help you discern what your car accident claim is really worth before speaking to an insurance company.
How Do Insurance Companies Calculate Their First Offer?
Insurance companies exist to make a profit, not to help you. They will nearly always try to get away with paying out as little as possible when one of their customers causes a crash. Before making an initial offer, a claims adjuster will review the facts of the case and try to make an educated guess about what a jury might award you should the case go to trial. Then, they offer you only a small percentage of that.
Hours of Service Violations and Your El Paso Truck Accident Claim
Most people who regularly drive have experienced sleepiness at the wheel. Whether due to shift work, insomnia, or other reasons, most adults do not get the recommended 7-9 hours of sleep a night. When driving, sleep deprivation can be deadly. Experts explain that sleep deprivation can cause episodes of “microsleep.” A person may fall asleep for several seconds at a time without even realizing it. Large truck drivers who are fatigued may make driving mistakes that lead to horrific accidents.
If you or a loved one were harmed in a truck accident and you suspect sleep deprivation may have been a contributing factor, it is important to understand how this may impact your claim.
Understanding Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours commercial drivers may drive in a day. For example, these “Hours of Service” rules state that commercial drivers carrying property can only drive a maximum of 11 hours consecutively. Drivers carrying passengers are limited to ten hours.