18-Wheeler, Semi Tractor Trailer Truck Accident Lawyers
Montlick & Associates: Billions of Dollars Recovered for Accident Victims*
If you or a close family member has experienced an injury because of a negligent truck driver, a poorly maintained or defective tractor-trailer, and/or a trucking company that puts profits over public safety, help from our lawyers is just a phone call away no matter where you are located. Montlick and Associates, Attorneys at Law, has been protecting the rights of injured victims and their families for over 38 years. Our law firm takes pride in our commitment to providing exceptional legal services to our clients as well as maximizing their rights to compensation. Over our decades of experience, we have recovered billions of dollars on behalf of our clients. *
Although the trucking industry provides a vital logistics role in transporting goods across the U.S. and most tractor trailer drivers are law-abiding and operate their vehicles safely, a 40-ton tractor-trailer transporting a maximum load constitutes an unparalleled risk to others on our roadways. While a vast array of local, state, and federal regulations and laws establish safety standards, procedures, and practices to mitigate the risk posed by these large vehicles, some commercial truckers unfortunately disregard these regulations with the implicit or express approval of trucking companies focused on increasing profits. Moreover, many trucking accidents are caused by the violation of trucking regulations or industry standards, and tractor-trailer accident victims can obtain a significant advantage by retaining experienced trucking accident lawyers.
Trucking accident claims can often be complicated by issues involving both state and federal law. Our attorneys know what is necessary in order to hold negligent trucking companies and drivers accountable by making sure, when appropriate, that important evidence, such as black box data and camera footage, is preserved. We navigate the claims process so that our injured clients can focus on getting well. In addition, we fight hard on behalf of each injured client, in order to maximize their right to compensation under the law, and when appropriate, take such cases through litigation and ultimately to trial when necessary to protect our clients’ rights.
If you sustained injuries or lost a loved one because of the negligence of a tractor trailer driver or company, call our Trucking Injury Lawyers today. We will advise you on your legal rights as well as what steps need to be taken to protect those rights. Call us nationwide 7 days a week/24 hours a day for your Free Case evaluation at 1-800-LAW NEED (1-800-529-6333).** We also can be reached by dialing #WIN (#949) from your cell phone (with most cell carriers) or by visiting us at Montlick.com and using our using our Free 24-hour live chat service.
Establishing Liability in a Trucking Accident Case
A violation of trucking industry safety regulations can make it easier to prove negligence by a commercial driver or trucking company depending on the law of the jurisdiction where a plaintiff pursues their case. Where state or federal law permits, a trucking regulatory violation might constitute “negligence per se.” While the application of this principle will depend on applicable state or federal law, the violation of a trucking industry regulation that results in a trucking accident and causes injury can be enough to establish negligence by the truck driver or commercial carrier, particularly when breaking the law was a direct cause of a collision. Numerous categories of regulations might be relevant depending on your specific facts and circumstances, such as:
- Drug and alcohol prohibitions, restrictions, and mandatory chemical testing
- Hours of service (HOS) rules that limit driving sessions and on-duty non-driving time while imposing mandatory rest periods
- Rules governing maximum load capacity and securing of loads
- Weight and length limitations for various commercial vehicle configurations
- Mandatory inspections and maintenance requirements
- Requirements for equipping a commercial truck
- Standards imposed for pre-hiring employment investigations and screening
- Proper training and supervision of drivers
- Necessary record keeping regarding HOS, vehicle inspection/maintenance, etc.
- Rules regarding driver physical fitness
These cases also involve many specific issues that necessitate specialized knowledge and experience in litigating trucking collision injury claims, including the following:
- State and Federal Trucking Regulations: Our firm possesses the necessary legal knowledge and experience regarding state and federal trucking regulations and laws.
- Preservation of Evidence: Success in trucking cases often requires aggressive action to prevent the alteration or destruction of evidence. Prompt action often is required to present premature repair of damage to the vehicle or deletion of data recorded by the truck’s onboard data recorder. Our law firm routinely sends a notice to defendants in trucking accident cases to prevent the loss of key evidence. In appropriate cases, we retain the use of trucking accident reconstructionists to inspect the vehicles involved and accident scene.
- Multiple Defendants & Insurance Sources: When seeking the maximum recovery in a trucking accident case, a multitude of potentially responsible parties must be considered, including the trucking company, the commercial driver, the owner of the cab, the owner of the trailer, the shipper, and others depending on the facts. Each of these parties might have various degrees of fault and multiple sources of insurance coverage.
- Complex Fact Finding: The gathering of evidence in a trucking accident case can be complicated. The relevant evidence will depend on various factors, such as the potential basis of liability, the responsible parties, and more. For example, the information and facts to be gathered could include maintenance records, commercial truck logs, inspection records, past citations for safety violations and traffic laws, driver certifications, and driver employment and training records.
- Severe Injuries: Since trucking accidents have a high propensity to result in serious or even fatal injuries because of the massive weight and size of large commercial trucks, experience handling cases involving catastrophic injuries and wrongful death claims becomes important when pursuing many trucking cases.
Our law firm has been fighting for individuals harmed by negligent truck drivers and trucking companies for over three decades. Our lawyers serve injury victims across the United States and are prepared to work diligently to help our clients maximize their recovery and pursue a just outcome. We invite you to contact us 24/7 by phone at 1-800-LAW-NEED (1-800-529-6333). Alternatively, we can be reached by dialing #WIN (#946) on your mobile phone or utilizing our 24-hour Live Chat at Montlick.com or by sending us a case submission form.
Take Action Now to Safeguard You and Your Family’s Legal Rights – Watch Out for Claim & Lawsuit Deadlines
We warn trucking victims about the potential consequences of taking too long to obtain legal assistance for their trucking accident claim. All states impose time limits for filing a lawsuit or settling a claim after experiencing an injury. This mandatory deadline will be codified in the state’s statute of limitations and other legal statutes and doctrines in the jurisdiction where your case is pursued. Depending on the specific facts and law of the jurisdiction, failure to comply with the statute of limitations will permanently bar your ability to obtain any compensation for the harm you suffer even if you have an otherwise valid claim.
Additionally, depending in which state your accident occurred, there are often circumstances that can shorten the applicable statute of limitation, such as when a claim is brought against a governmental entity (state or federal) or depending on the type of claim being brought. In fact, circumstances can, in appropriate cases, also necessitate bringing multiple claims, perhaps even against multiple defendants, particularly when an injury is catastrophic or a person is tragically killed. For example, in a given state, a claim to bring a products liability action, such as when it is being alleged that a tractor trailer or its parts were defective, may have a shorter or longer statute of limitation in a given state than say, a claim against a driver or company for negligence. If both such claims are brought, multiple defendants and/or different statutes of limitation could apply to the case. Sometimes the law of multiple states can be involved. Only an attorney who carefully analyzes your situation can advise you of all of the deadlines and notice requirements that may apply to your case.
Delay in seeking legal assistance following a semi-truck accident also can adversely affect your rights in other ways that do not involve legal deadlines. Many insurance policies also have timely notification requirements, where if a claim is not filed in time or appropriate notice is not given, the injured victim loses the ability to make the claim against the applicable policy. For example, critical evidence can be lost or compromised as witnesses become difficult to locate or their memories fade. Physical evidence at the accident scene, video surveillance footage, and other types of evidence can disappear or become more expensive and challenging to recover. Our attorneys work to identify all potential avenues of recovery, act appropriately to preserve important evidence and comply with all applicable legal and contractual deadlines in order to protect our clients’ rights as well as maximize the amount of compensation they recover, which can include compensation for medical expenses, lost income, pain and suffering, and more. Do not delay in seeking legal assistance, as you have a limited amount of time to pursue your claim.
The Cost of Mistakes: How Retaining a Skilled and Experienced Trucking Accident Attorney Can be a critical step to Protecting Your Legal Rights.
Trucking industry companies anticipate liability claims arising from collisions involving their vehicles and drivers. Because of this awareness, trucking companies have extensive resources devoted to fighting liability claims arising from their negligence and that of their drivers. These corporations often dispatch accident investigation teams to the site of a crash shortly after the collision occurs. These employees of the trucking company are knowledgeable regarding trucking accident issues and begin gathering evidence to build a defense to an injury claim or to mitigate the amount of any recovery. Consequently, the resources and readiness of parties within the trucking industry to fight accident liability claims give them a significant advantage over unsuspecting injury victims who lack experience in the claims process or knowledge of the law.
Trucking accident victims can significantly reset the scales of justice in their favor by securing experienced and reputable attorneys to protect their rights and pursue the fullest financial recovery possible under the law. Our lawyers share a commitment to providing professional, skilled, and diligent legal services throughout our clients’ cases and know the nuances of the law as well as how to gain an advantage over negligent trucking companies. Consequently, we provide formidable representation against these companies by aggressively acting on behalf of our clients to protect their rights.
What Financial Recovery Can I Expect to Receive for a Truck Accident Claim?
Generally, a person injured in a collision with a large truck because of another party’s negligence can seek a monetary recovery (referred to as damages) for both tangible and intangible losses. Any recovery requires that a plaintiff provide proof of the value of the damages and a causal connection between the conduct of the defendant and the plaintiff’s injuries.
When we represent individuals injured by negligent commercial drivers and commercial carriers, we seek all forms of monetary compensation our clients are entitled to receive under applicable law and the circumstances of the case. Depending on the facts and applicable law, these types of damages can include:
- Medical expenses (past, present & future)
- Loss of earnings
- Decreased earning capacity
- Pain and suffering
- Diminished enjoyment of life experiences
- Mental distress
- Loss of consortium
- Punitive damages (depending on the applicable law as well as the egregiousness of the defendant’s conduct)
- Wrongful death damages
In the case of a tragic loss of a family member in an automobile accident caused by someone else’s negligence, our attorneys pursue wrongful death claims on behalf of our clients. The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law of a particular state, and the types of damages recovered can significantly vary from state-to-state as well. For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few. Often, families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased victim. However, even the proper party to bring such a claim (or multiple claims) can vary depending on the state where the accident occurred. If you lost a family member in a trucking accident caused by someone else’s negligence, contact us for a free consultation to learn about your legal rights and options. Let our attorneys help you navigate this difficult time, answer your questions, and let you know how we can help.
An exact prediction of the value of a trucking accident claim usually will not be possible at the outset of the case because many different variables can impact the amount of the recovery. As such, each individual claim is unique. Predicting the precise value of a given claim is generally not possible at the beginning of a case, but our attorneys are able to predict a range in case value once all important evidence has been acquired and assembled, we have learned the nature, extent, severity and prognosis of the injury, and evaluated the applicable law and strength of the evidence.
The amount of compensation an accident victim receives depends on numerous factors, including, by way of example only, the facts and circumstances of the incident, how strong the liability is, the strength of the applicable law and evidence, the venue or locality where a claim must be brought, and the likeability and credibility that witnesses would have to a jury. Additional factors would include the nature and extent of a client’s injuries, the costs of medical treatment – including past and future, impact on the quality of life, the extent of pain and suffering, and whether they are temporarily or permanently disabled
Learn How Montlick and Associates Can Assist You in Pursuing Justice
Have you suffered injuries because of the negligence of a commercial driver and the indifference of a trucking company? We invite you to call us to schedule a Free Consultation. Our clients can benefit from peace of mind and focus on getting better while we fight on their behalf to obtain justice get them through this difficult time in their lives. We offer a Free Consultation, so call Montlick and Associates, Attorneys at Law, nationwide 24/7 at 1-800-LAW-NEED (1-800-529-6333) to arrange a free consultation. You can also contact us by dialing #WIN (#946) from your cell phone (with most carriers) submit a Free Case Evaluation or utilize our 24-hour live chat service at www.Montlick.com.
*Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
**Legal Services are provided by Montlick & Associates, P.C. and when appropriate local associated law firms at no additional cost to you depending on the jurisdiction, and any specialized expertise required. For more information, click here.