Whether you have been in an accident on an 18 wheeler, or if you are involved in an accident on a smaller vehicle, there are several things that can help you recover. The first thing you need to do is to hire an experienced trucking accident attorney. Having the right legal team on your side can make all the difference in the world when it comes to getting the money you deserve.
Driving too fast for conditions
Getting a ticket for driving too fast for conditions can be expensive. If you are caught, you may face fines, license suspension, or jail time.
When you speed, you increase the likelihood of a crash. According to the National Highway Traffic Safety Administration, 82% of speeding-related crashes resulted in property damage. This is due to the fact that drivers are unable to stop in time and are forced to increase the distance they travel in order to avoid a collision.
The Department of Transportation prioritizes safe speeds on roadways. The FMCSA defines traveling too fast for conditions for trucks, motorcycles, and cars. Generally, drivers should reduce their speed when the road is wet or snowy. If there is fog, visibility is reduced and it becomes difficult to see ahead. The driver should also take turns more slowly when they are slippery.
Drivers may get charged with a felony for reckless driving if they are driving too fast for conditions. They can be convicted of this crime and receive a fine of up to $2,500 and a one-year license suspension. It is best to consult with an attorney at law to learn about the charges you are facing.
In Virginia, a person can be charged with Reckless Driving for exceeding a posted speed limit. During an accident, the police officer can consider this charge if he/she believes that the driver was going too fast for the conditions. In order to be convicted, the prosecution must show that the speed was unsafe.
The Department of Transportation recommends reducing your speed by one-half if the road is snow-packed. A wet road is even more dangerous, as it makes it difficult for your vehicle to stay on the road.
If you are charged with driving too fast for conditions, you can still argue that you were able to stay within the posted speed limit. You can present photos and diagrams of the scene to support your argument. You can also win the case if the weather was good. However, if it was a bad storm, you could be charged with reckless driving.
Whether you are a truck driver, passenger, or a pedestrian, improperly loaded cargo can cause serious injuries and accidents. If you are injured in a crash, you may be able to sue for compensation. Whether you are seeking compensation for property damage, medical bills, lost income, or pain and suffering, you have the option to hire an attorney to help you.
The Federal Motor Carrier Safety Administration (FMCSA) has updated the guidelines for loading and securing cargo. These regulations aim to decrease the number of crashes.
A truck’s center of gravity is high, and when cargo is unsecure, the center of gravity can shift. This can throw the entire load off balance, and the vehicle can overturn.
The best way to avoid these types of accidents is to thoroughly check your cargo before you take it to the trucking yard. It’s important to follow proper loading procedures, and to check for loose or broken tethers that can release the cargo onto the street.
The Federal Motor Carrier Safety Administration has released new guidelines for proper loading and securing cargo, and truckers should take this advice seriously. While not the leading cause of truck accidents, cargo shift is a major factor in many accidents.
Although the newest guidelines from the FMCSA don’t completely rule out accidents caused by cargo shifting, they are aimed at making sure commercial vehicles don’t end up in the ditch. Fortunately, a knowledgeable analyst can use a combination of data to determine whether a cargo shift was the cause of your accident.
Almost every case of cargo shift resulting in an accident is preventable. A competent personal injury attorney can evaluate your case and determine if your accident was the result of improperly secured cargo. Similarly, if your trucking accident was due to the failure of cargo securement devices, the manufacturers may be liable for defects.
The most important part of the puzzle is to know who is at fault for your accident. The responsible party may be the trucking company, the shipper, or the driver.
Keeping proper records of the maintenance of your truck can be vital in building your case. Even if your problem is not mechanical, a well-documented record can be used as evidence in court.
According to the Federal Motor Carrier Safety Administration, proper truck maintenance is an important part of vehicle safety. This includes proper tire rotation, engine maintenance, and brake systems. Improper maintenance can lead to serious collisions, accidents, and injuries.
While you might not know what exactly a good maintenance record looks like, an attorney is familiar with what to look for in a proper record. A quality record can tell you whether the truck was properly serviced, maintained, or if it was simply a matter of negligence.
In addition to keeping accurate maintenance records, trucking companies are also required to keep inspection records. This is an excellent way to see if a company is following federal guidelines on trucking equipment maintenance. It can reveal problems with a particular vehicle and help establish if a company is at fault in an accident.
If you have been involved in a trucking accident, it is in your best interests to consult with an experienced attorney who knows where to find and how to analyze maintenance records. You may be entitled to compensation for the damages you suffered.
If your accident was due to a lack of proper maintenance, you could be able to get your car fixed, or you might be able to sue the driver or the company for damages. Getting a free consultation from an experienced attorney can help you determine if you have a viable case.
Besides maintenance records, a good attorney knows where to look for other evidence that is relevant to your case. He can also make a formal discovery request or take your case to court. If you need to find out more about your options, contact Rosen & Ohr today for a free review. Depending on your situation, you might have to file a claim within 90 days.
Using proper truck maintenance records is an important step towards ensuring the safety of everyone on the road.
Medical care after the crash
Whether you are in an 18 wheeler crash, a car accident, or a motorcycle accident, the most important thing to do is get immediate medical care. Not doing so can make your injuries worse, and can also jeopardize your claim for compensation. You need to follow your doctor’s advice to ensure that you receive the right treatment.
In addition to getting immediate medical attention, you should take the necessary steps to protect your legal rights. This includes taking photos of the accident scene, the surrounding area, and your injuries. If you are unsure about how to do this, you can contact an experienced truck accident lawyer to help you. They will be able to gather the evidence you need to strengthen your case.
If you are unable to find a doctor or hospital to treat your injuries, call 911 immediately to bring emergency medical responders to the scene. This is particularly important if the injuries are serious. If you do not seek immediate medical attention, your insurance company can argue that your injuries are not as severe as they appear, or that you are able to work because you did not get proper treatment.
You should also obtain copies of your medical records. This is especially important if you are planning a personal injury lawsuit. The records can help you document your injuries, and provide proof of the cause of the crash.
When you go to the hospital, you should have your doctor complete a full evaluation of your injuries. This may include X-rays, an internal medical examination, and other tests. These will help your doctor identify any hidden injuries. This can allow you to return to health faster.
Depending on your injuries, you may need to undergo rehabilitation. If your injuries are serious, you may need to stay in a hospital for weeks or even months. This can be extremely costly, and can also impact your quality of life.
Injuries can take a few days to develop symptoms, so you should not delay seeking medical attention. The longer you are out of medical care, the more you risk becoming disabling.