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Thursday, October 5, 2017

Most Trucking Accident Claims Do Not End Up In Court

When most people think of trucking accident lawsuits, they immediately conjure up images of courtrooms, judges and juries. The reality is that many trucking accident claims do not wind up going that far. Most of these claims are settled outside of a courtroom.

Every year there are more than 400,000 truck accidents in the United States. Most of those cases never make it to court. In multi-vehicle truck accidents, it is usually not the truck driver who sustains the worst injuries. It is often other drivers who get injured, sometimes on a catastrophic level.

accident attorney, car accident lawyer, for commercial truck accident
Multi-vehicle accident requiring a personal injury attorney.
There are lots of reasons truck accidents occur but one of the leading causes is driver fatigue. Drivers are permitted to drive for only so many hours per day and week and are required to keep a daily log. Because profit margins are thin, and because time is money, both to the company and the driver, violations of these rules are rampant, with a wink and a nod from the industry. When discovered, these violations could result in large payouts. It usually takes an attorney and a lawsuit to thoroughly investigate these kinds of issues.

For this reason, it is true that many, if not most commercial truck accidents involving injuries to other drivers will likely lead to a lawsuit against the trucking company. In most cases, both the driver and his trucking company can be held liable for negligent operation of a commercial vehicle, but in order to prove liability, a complete investigation through the legal process is often necessary.

Trucking companies and their insurers often immediately send investigators out to the scene of any accident. Their response time is rapid as these investigators will want to speak with their drivers before the police arrive. Coaching drivers on what to say could prove valuable should a lawsuit ever arise.

It’s also important to note that the investigators are not there to impartially determine the truth as to why the accident occurred. They are there to protect the trucking company, and to avoid, or prepare, for a lawsuit.

Another tactic used by trucking companies is to contact injured victims shortly after a crash and offer a settlement which may seem fair at first, but may be far less than what might be received with competent and experienced personal injury lawyer to conduct a proper investigation and guide the client to an actual fair resolution.

Following any truck accident, an insurance company will quickly begin to protect their driver, their company, and themselves by trying to minimize the liability of their driver and by trying to downplay the injuries to third parties . Insurance companies are not in the business of giving away money, and employ many tried and true strategies designed to pay out as little as possible.

However, when they cannot avoid liability altogether, trucking companies and their insurers may attempt to negotiate a settlement before trial. They can control their risk by negotiating a settlement rather than facing a jury that may be antagonistic to large trucks on the highway, and more sympathetic to the injured victim. Most truck accident claims eventually get settled this way. But if you have been injured in a truck accident, you should not assume a settlement will be offered, or that an offer will be fair. Hiring an accident attorney is highly recommended.

The Charlotte trucking accident attorneys at Hefferon & Hefferon P.A. have over 60 years of combined experience representing people and their families who have been injured or killed as a result of a truck accident in Charlotte and surrounding areas. We are Charlotte truck accident attorneys who are experienced with all the tactics used by trucking companies and their insurers. It’s time you had someone fighting for your rights and that someone can be the Charlotte personal injury attorneys at Hefferon & Hefferon P.A. Learn more at http://www.hefferonlaw.com/
This logging truck collided with another vehicle resulting in a large fire.
This logging truck collided with another vehicle resulting in a large fire.


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