The Hamilton Firm, Truck Accident Lawyers: Why Hire a Trucking Attorney For Your Case?
Truck Accidents Are Different
Being involved in an accident involving a truck or commercial vehicle could be a life changing event. Contacting the right attorney could make all the difference in the outcome of your case. For any victim of a road accident it is important to have a skilled personal injury lawyer who is committed to your case. But accidents involving trucks or commercial vehicles are more complex and often involve more than one party when it comes to determining and assessing liability. There can be many factors involved in a truck accident especially if there are injuries involved.
The right attorney will have a strong working knowledge of, and experience with, the Federal Motor Carrier Safety Regulations (FMCSR). Was the truck driver properly trained to deal with speed, space management and hazardous conditions? Was the truck driver fatigued, distracted or under the influence of drugs or alcohol? Was the cargo properly secured? Did the trailer meet the minimum standards of FMCSR? These are only some of the questions that an experienced trucking accident attorney will ask.
Who Is At Fault?
In all road accident cases it is necessary to find out what the driver's role may have been such as carelessness or recklessness, driving on too little sleep, intoxication, or failure to observe traffic laws. When it comes to truck accidents involving commercial vehicles, many more aspects need to be considered like who is the employer of the driver, was the vehicle properly maintained and inspected for safety, and who owns the truck?
In many of these cases, the driver could work for one company, the truck is owned by another company, and could have been loaded for shipping by another. This is where the experience of skilled truck accident lawyers make an important difference. Since fault could lie with numerous parties, you will need an attorney experienced in trucking law to investigate all possible parties and aspects of liability.
Commercial Vehicle Accidents
A commercial truck driver can and should be held to a higher standard of care than the driver of an ordinary passenger car or pickup truck. For instance, FMCSR § 392.14, requires a commercial driver to exercise extreme caution and to reduce speed when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. And, FMCSR § 392.3 prohibits the operation of a commercial motor vehicle while the driver’s ability or alertness is impaired, or so likely to become impaired, due to fatigue, illness, or any other cause, so as to make it unsafe for him/her to operate the tractor trailer. Experienced Truck Accident Lawyers are experienced these matters and will investigate accordingly.
What is a Trucking Attorney?
In the United States, any licensed attorney is authorized to represent a person in a case arising in the state where the attorney practices. However, you would not ask your family doctor to perform brain surgery on yourself or a family member, and you should not expect your “family” lawyer, or the lawyer who prepared your will or handled your divorce, to have the level of expertise and experience required for a complex trucking lawsuit. A truck accident attorney is an experienced trial lawyer who focuses on serious and complex cases involving tractor trailers and other commercial vehicles, and has the credentials and track record to back it up.
Legal Advice on Choosing a Truck Accident Attorney
Check out any attorney you are considering, and ask questions. Are they prepared to advance the money necessary to hire an accident reconstruction expert early in the case? Do they know who to call to get the ECM data from the car? Do they know how to obtain post-accident inspection reports from state authorities? Are they prepared to travel all over the country take necessary depositions of the driver, the safety director, or the company CEO? Do they know how to find and retain such other experts as the case may require, such as conspicuity experts, biomechanical experts and safety experts? Other questions you should consider are how many such truck accident cases has the law firm handled? What is their track record? Are they prepared to gp to trial if a sufficient settlement can't be reached, and do they have a history of high compensation for their clients whether by settlement or verdict?
The Hamilton Firm, Experienced Truck Injury Attorneys
The Hamilton Firm LLC focuses exclusively on the representation of injured and disabled persons, and the spouses and families those who have died in serious accidents. Patrick A. Cruise has extensive experience with trucking cases and is member of both the American Association for Justice (AAJ) Trucking Litigation Group and the Academy of Truck Accident Attorneys. Annette T. Kelley joined the firm in 2012 after years of experience defending insurance companies and has brought her knowledge and expertise to our trucking practice, achieving outstanding results in cases involving tractor trailers and other commercial vehicles.
If you or a loved one has been injured in an accident involving a truck or commercial vehicle, know that experienced truck accident lawyers will know to do these things.
We offer a free case review if you or loved one was involved in a truck accident. There is never a retainer fee and the Hamilton Firm only gets paid if we win at trial or obtain a settlement. As regional Truck Accident Lawyers our legal expertise centers on representing victims of truck accidents and commercial vehicles throughout the southeast.