Fully loaded large trucks weigh over 80,000 pounds and carry hundreds of gallons of diesel fuel. When these massive vehicles crash, the wrecks usually cause catastrophic injuries and massive property damage. Insurance adjusters are quick to offer financial settlements, but these adjusters do not have the victims’ best interests at heart.
In contrast, the Brainerd truck accident lawyers at Carlson & Jones start fighting for you from day one. We act quickly to get your medical expenses paid, arrange for alternative transportation, and keep the insurance company off your back. Then, as you focus on your recovery, we focus on your legal claim, so you get maximum compensation for your serious injuries.
First Party Liability
Most truck crashes are not accidents. Instead, negligence causes most of these incidents. That’s especially true since Minnesota law holds truck drivers to such a high standard of care. Some common causes include:
Speed: Even if the trucker is traveling at or below the posted limit, speed could still cause a crash, depending on the conditions. Velocity increases the risk of a collision and increases the force in a collision.
Fatigue: Alcohol and drowsiness have roughly the same effect on the body and brain. Driving after eighteen consecutive awake hours, which is the equivalent of a long day on the road, is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in Minnesota.
Distraction: Most drivers multitask behind the wheel. When drivers stake their eyes off the road, take a hand off the wheel, or take their minds off driving, they are distracted. That includes a wide range of behaviors, such as using a speakerphone, which are technically legal in Minnesota.
If the trucker’s behavior fell below the aforementioned high standard of care, the trucker is negligent. In court, a Brainerd truck accident lawyer must prove negligence by a preponderance of the evidence (more likely than not).
Third Party Liability
Frequently, the tortfeasor (negligent driver) is not the only party that is responsible for damages in a truck crash claim.
The respondeat superior theory usually applies in these cases. If the driver was an employee who was working within the scope of employment, the truck owner or shipping company is financially responsible for damages. Minnesota law defines the elements of respondeat superior in broad, victim-friendly ways.
Truck crash damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
What to Do after a Truck Accident?
Take the following steps after a truck accident:
The first step is to call the police and file an accident report regardless of the extent of damage you’ve suffered. This may serve as evidence later on.
Seek immediate medical attention. Get yourself examined for visible as well as hidden (internal) injuries, if any. This can help in proving that you did, in fact, suffer an injury.
Make it a point to contact your insurance company and file a report.
Even when talking to your own insurance company, state nothing more than just the facts. Don’t elaborate on details lest you should end up talking to the other party’s insurance company.
Call a local accident lawyer who specializes in truck accidents. Only an experienced lawyer will be able to understand the unique circumstances of your case and help you out.
Need Help after a Truck Accident? Contact a Brainerd Truck Accident Attorney Today
Victims of truck accidents have a hard time coming to terms with the subsequent consequences and picking up the pieces of their life. It is important to seek justice and demand your rights. Truck crash victims might be entitled to substantial compensation. For a free consultation with an experienced Brainerd truck accident lawyer, contact Carlson & Jones, P.A. at (855) 215-6862 We do not charge upfront legal fees in injury cases.
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Contact the Minnesota Personal Injury, Family Law and Criminal Defense Attorneys of Carlson & Jones, P.A., today and start your free case evaluation by filling out our simple online form or by calling our office at (855) 889-4047.