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A significant percent of large trucks involved in fatal crashes had vehicle-related problems, such as faulty brakes, tire issues, and other mechanical deficiencies that could be resolved with regular maintenance. Fatigue is a common and deadly problem within the commercial trucking industry. Truck drivers spend long hours on the road and often fail to get enough quality sleep to maintain proper awareness of the road. Many truck drivers limit themselves to only short naps in order to remain on or ahead of schedule. Often, these folks actually need extended sleep to restore their bodies and minds to optimum and safely functioning levels. In order to obtain compensation for damages you incurred as a result of a trucking accident, it may be necessary to pursue one or two theories of liability. Negligence: Under this theory of liability, the injured party must satisfy four elements in order to bring a successful trucking accident claim.
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A claim of emotional distress refers to notable psychological suffering. The validity of this suffering is not contingent upon professional treatment or intervention. Punitive Damages: The purpose of punitive damages is to punish a defendant (e.g. party you bring a claim against) for conduct that caused the accident and resulting injury, as well as to discourage future conduct of the same nature. You may award punitive damages if there is clear and convincing evidence that the defendant engaged in conduct with malice, oppression, or fraud. Whether the legal standard has been met and what evidence supports a finding of malice, oppression or fraud, as well as how those standards are defined, are one of the many complicating factors that make personal injury cases like truck accidents so challenging to litigate. That is why it helps to be represented by Truck Accident Lawyer Los Angeles. Truck accidents differ markedly from ordinary car accidents.
Seven Ways To Reinvent Your Car AccidentSpecialized Accident Investigation Forms: Trucking accidents require large volumes of evidence and documentation. Moreover, the types of forms that the court requires and the process for collecting and sharing this evidence may differ from those of a standard passenger vehicle or car accident case. If you or a loved one has sustained serious injuries due to a large commercial truck driving accident, such as one caused by a semi-trailer or 18-wheeler, you need an attorney who is experienced and adept at dealing with these complex types of cases. Choose a Semi truck accident lawyer that you can trust. With over 25 years of combined experience on our side, you can be sure that your case will be handled professionally and expertly. Driver error is the number one contributing factor in nearly all fatal crashes involving large trucks. A significant number of truck drivers and more than half of passenger vehicle drivers involved in fatal truck crashes were caused by driver related factors, such as speeding, distraction or failure to watch the road, fatigue, alcohol and substance abuse, illness, or plain old careless driving.
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These cases tend to be more complicated because they involve laws specific to the trucking industry, entail complex commercial trucking insurance policies, include increased likelihood of severe long-term injuries or fatalities, and may require special investigative or expert research and reports. Industry-specific legislation: Trucks and trucking companies are beholden to a number of regulations put forward by the Federal Motor Carrier Safety Association. These regulations are intended to improve safety, and truck drivers are always required to follow them. A trucker may be held liable if the accident occurred for failure to comply with these regulations. Commercial insurance policies: Compared to regular car insurance policies, commercial trucking insurance tends to be more comprehensive because they must protect not only the driver and the truck, but the cargo that is being transported. These commercial insurance companies also tend to have large teams of sophisticated legal professionals at their disposal who will do anything to minimize the compensation to which you are entitled.
Every year, hundreds of thousands of innocent people across the country are killed in traffic accidents involving large trucks, such as 18-wheelers and semi trailers. Large commercial vehicles cause some of the most devastating accidents resulting in serious personal injuries and even death. Trucking accidents are more complicated than standard, non-commercial passenger vehicle accidents. When you have been injured in a truck accident, you will often be dealing with commercial trucking companies and complex insurance policies, not to mention devastating injuries or death. An experienced Truck Accident Lawyer Los Angeles will be able to analyze your case, gather supporting evidence, and represent your case to ensure that you are fairly compensated for your injuries and other losses. You could be entitled to several forms of economic and non-economic damages, such as for medical expenses related to your injuries, property damage, current and future lost income, pain and emotional suffering, or even punitive damages.