Accidents involving commercial motor vehicles are some of the most serious. When a truck driver has an accident, law enforcement and the Department of Transportation will investigate what occurred and why the crash happened. The driver, the company, and others may be held responsible for a number of reasons, such as where they violated safety regulations.
A Philadelphia truck accident lawyer can help you understand truck accident procedures, what to expect during the accident investigation, and how to make a claim. Having legal support with your injury case can give you peace of mind that your claim is being appropriately handled and your rights are secured.
Investigation and Reporting
After a truck driver crash, law enforcement will investigate and determine if there were any violations of federal trucking regulations. A thorough accident report will likely be completed, particularly if there were severe injuries or extensive property damage.
These accidents will also be reported to the Department of Transportation and may affect the company and driver’s Safety and Fitness Electronic Records (SAFER) score. Hours of service, vehicle maintenance, and other safety regulations violations that may be discovered can negatively affect this score and prove truck accident liability.
Drug Testing
The Federal Motor Carrier Safety Administration (FMCSA) has specific rules regarding alcohol and drug testing for CDL drivers. After a truck driver accident, post-accident drug and alcohol testing may be required.
Testing is required after:
- Fatality accidents;
- When a citation is issued to the truck driver;
- Someone is injured and requires immediate medical treatment or the vehicles need to be towed.
A DOT breath alcohol test should be completed within eight hours of an accident and a drug test should be administered within 32 hours. The BAC threshold is much lower for semi truck drivers. The legal limit for truck drivers is .04%. However, a result of .02% to .039% may result in suspension from duties.
Medical Treatment
When accidents happen, seeking medical attention is crucial. Even if a person does not think they are injured, medical treatment is essential for determining whether there may be hidden injuries and for personal injury claim documentation.
The tragic impact of truck accidents on victims and their families goes without saying. Severe injuries can leave families struggling financially and emotionally. When fatal truck accidents occur, working with an experienced truck accident lawyer may be advisable. A lawyer will help identify the liable parties, pursue wrongful death compensation, and fight for justice.
Settlement Negotiation
The challenge of dealing with an insurance company after a truck accident cannot be understated. Insurers, the trucking company, and the truck driver may try to minimize the extent of the damages and their accident liability. It’s crucial to protect your rights during settlement negotiations.
After filing a claim, the insurance company will review the claim, perform an investigation, and make an offer based on their findings. A comprehensive claim that shows the extent of your losses and accident evidence showing the driver or company’s liability can help when entering negotiations. Skilled legal representation can also be essential to maximizing compensation.
License Suspension For The CDL Driver
In some cases, the truck driver’s commercial driver’s license (CDL) may be suspended. A trucker can be disqualified from driving a large truck after after a truck accident if:
- The accident resulted in a fatality.
- The driver had too many serious traffic violations within a specified time period.
- The driver was under the influence.
- The driver fled the scene.
- The driver violated an out-of-service order.
- The driver used the truck to commit a felony.
License suspension may serve as proof of truck driving accident liability.
Legal Representation
Working with an attorney following a truck accident may be beneficial to your claim. Experienced lawyers can investigate the claim, and determine all liable parties. This is critical for securing fair compensation and holding the liable parties responsible.
Even if the truck driver’s actions are to blame, the company may be held responsible as the driver’s employer. Your attorney can determine whether logo liability in a trucking accident applies to your claim and pursue the company for damages. Other parties that are commonly to blame include the cargo loader or the truck manufacturer.
Moreover, your attorney can handle the conversations with the insurance company. They can also take your case to court if necessary to ensure you get the compensation you deserve.
Contact a Lawyer for a Free Consultation
Accident lawyers can provide valuable support, advice, and insights after a truck accident happens. Fighting with the insurance company can be challenging, but an experienced personal injury attorney can manage your claim, giving you the time you deserve to heal.
A personal injury lawyer at The Law Offices of Greg Prosmushkin, P.C. can assist you with your truck driving accident. Schedule a free consultation to get the justice and compensation you deserve.