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Large trucks are difficult to drive and maneuver, and it is no surprise that their size and weight can do considerable damage when involved in a crash. Victims of truck accidents often suffer serious and sometimes fatal injuries. Survivors may be left dealing with tremendous pain and suffering as well as the financial costs of surgeries, hospital stays, rehabilitation, medication and ongoing care, and loss of income from being unable to work.
If you or a loved one has been injured or someone has died in a truck accident due to another party’s negligence or fault, you may be entitled to compensation through insurance or a personal injury lawsuit. While no amount of money can fully make up for what you are going through, a successful claim can at least alleviate your financial problems, and allow you to concentrate on getting well.
Truck accident claims are extremely complicated due to the multiple parties and insurance companies involved, as well as state and federal rules and regulations for the trucking industry. In addition, insurance companies and their lawyers will often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own. Having an experienced truck accident attorney on your side helps ensure that everything is done correctly and takes the burden off you so you can focus on your recovery and your family.
The Foley truck accident attorneys at Caldwell Wenzel & Asthana (CWA) are fully prepared to investigate your truck accident and hold the at-fault parties accountable. We know trucking laws and the system, and how to deal with insurance companies and their lawyers to achieve an optimum settlement.
We offer a free consultation to discuss your case and determine the best way to move forward, so call us today for your free, no-obligation case evaluation.
There are many lawyers, and it is important to find one you feel comfortable with who also has the experience and resources necessary to investigate, negotiate, and litigate complicated personal injury truck accident claims. Here are some reasons why we feel Caldwell Wenzel & Asthana is your best choice:
Time is of the essence when dealing with truck accidents, as trucking companies may destroy evidence such as training records and the truck’s black box data. When you retain Caldwell Wenzel & Asthana, we start working for you immediately. We will:
Our Foley truck accident injury attorneys are fully committed to our clients and getting the best settlement possible. `
To win your truck accident case, our attorneys would have to show that another party was negligent, at fault, and therefore liable for your damages. Proving negligence legally means showing the existence of the following elements:
The Federal Motor Carrier Safety Administration (FMCSA), requires truck drivers to obtain special licenses and training and places strict limits on work hours and the amount of on-duty driving allowed. Violations of FMSCA requirements are grounds for negligence. The state has extended the period for log and record book retention to 12 months from the federally required 6 months, which can help preserve evidence that shows negligence.
Truck drivers are held to higher standards than car drivers, but still human error is the primary cause of truck accidents. In addition, vehicle malfunction, mechanical problems, and employer neglect also contribute to a great number of crashes. Under federal law, trucking companies are responsible for the actions of their employee drivers. Truck owners and manufacturers are responsible for the safe condition of the equipment.
Therefore, in addition to the truck driver, liability for truck accidents often involves multiple individuals and businesses, including:
Our Foley truck accident lawyers will investigate to identify all parties who may have contributed to the accident, as they all may have assets and insurance that can go toward a settlement. We will then utilize the evidence and expert testimony to prove negligence.
In a successful truck accident case, you should receive compensation for all your “damages,” the costs and losses you suffered from the accident. Damages include your economic or monetary damages and also compensation for your “non-economic” damages that do not have a specific dollar value but negatively impact your quality of life.
These may include:
There is a wide range of damage awards possible in a truck accident case, from thousands to millions of dollars, depending on the circumstances of the case. Factors that are considered in determining awards include the severity and permanence of your injuries, costs of care, and whether a wrongful death was involved. Our truck accident attorney will take the long-term impact of your crash into account and fight for a settlement that covers all your damages.
Having an experienced attorney handling your case is especially important, as it is an at-fault (or “tort”) state, where negligent drivers and their insurance companies are responsible for the other driver’s damages resulting from a crash. This means that if you were even 1% responsible for your accident, you cannot recover any compensation at all, so our attorneys would have to show that the other party was 100 percent at fault for the accident.
The Foley truck accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible recovery for you. We have a reputation for providing aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.
Don’t delay, as Foley has a statute of limitations, time limits for filing. According to the law (Code Section 6-2-38), you generally have two years from the date of the accident to file a claim, or the courts are likely to refuse to hear your case. Put our skilled, experienced car accident lawyers to work on your case now, while evidence is fresh, and witnesses can be found.
Call (251) 444-7000 today to schedule a free, no-obligation, case consultation.