Catastrophic Truck Accident FAQ
Answers To Common Questions About Catastrophic Truck Accidents
Injury cases are often filled with unknowns. At Vogel Law Firm, we work tirelessly to see that our clients have all the information they need after a trucking accident. Our truck collision attorneys are highly knowledgeable in the process of filing a personal injury claim and they will take the time to ensure that you understand each step.
Below are some frequently asked questions and answers about truck accidents. For more, reach out to our firm directly to schedule a free consultation.
Who is liable in a trucking accident?
A through investigation, regarding who was liable and what happened is a complicated process in commercial vehicle collisions. It could be one or many parties, including:
- The truck driver, who was driving recklessly, speeding, driving “over hours” or while fatigued, or while abusing substances (alcohol and/or drugs) that affected their ability to control the truck.
- The trucking company that hired the driver without properly investigating the driver’s background, who failed to properly train the driver, who supervise the loading of the truck (leading to overweight or unbalanced cargo) or maintain the semi and/or tractor trailer.
- The owner of the semi tractor and /or trailer or others responsible for maintenance.
- The company that loaded the cargo, if it was overweight, unbalanced or unsecured.
- The manufacturer of the truck or truck parts, if aspects of the truck were defective
- Other companies responsible for scheduling and controlling the loads being carried by a separate company at the time of collision.
If the truck driver’s actions caused the accident, would I also be able to sue the trucking company?
Yes, you would. Employers are responsible for hiring, training and monitoring their employees. When a truck driver acts negligently and causes a catastrophic accident, the employer is liable.
My loved one was killed in a trucking accident. What should I do?
We understand that losing a loved one in an accident is devastating and nothing can bring them back. However, in order to pursue justice and compensation that can help ease your financial burden, it is important to talk to an attorney about the possibility of filing a wrongful death claim as soon as possible. This is especially true in cases involving commercial vehicles because investigators and insurance carriers are often at the scene before the wreckage is cleared seeking ways to deny fault and limit your recovery. You are entitled to recovery compensation for your emotional losses and grief in addition to compensation for medical expenses and wages lost because of the collision.
How are trucking accident cases investigated?
As with all personal injury cases, a truck accident case is thoroughly investigated. All aspects of the situation are examined, including the actions or lack of action by the truck driver and truck companies. Victim statements, witness accounts, police reports, the truck driver’s logbooks, trucking company records and more are obtained by us and shared with experts retained by us to recreate what occurred. The more information we have, the more confidently we can pursue a claim.
What is the time limit for filing a claim?
In Minnesota and North Dakota, you typically have six years from the date of your injury to file a truck accident for a claim for personal injuries and two years in North Dakota and three years in Minnesota for wrongful death. These times vary from state to state and can often change so do not hesitate to contact our office immediately. Personal injury and wrongful death cases take time to investigate and construct so to ensure that your case can be properly handled, investigated, filed and negotiated, it is important to get in touch with our office as soon as possible after an injury.
Will my claim be at risk if I wait to take legal action?
As mentioned above, the statute of limitations is a concern in any type of case and the best thing to do is contact our office immediately. We will explain the process and after having all the information at your disposal, you will be allowed to make an informed decision regarding what to do next. However, running out of time isn’t the only risk you take when delaying legal action. Truck accidents involve commercial trucking companies and commercial insurers, both of whom are highly motivated to protect themselves against liability. They will be examining the accident site within hours after the collision and working to control the evidence and the official narrative of how the accident happened.
While you can’t respond as quickly as the trucking companies and their insurance companies, we can even the playing field for you and your family and begin our own thorough investigation immediately after being hired.
Learn More From Our Lawyers
When you have more questions, we have more answers. Talk through your truck accident case with an experienced member of our personal injury legal team. Contact us today to request a consultation. Call our firm now at 800-677-5024.