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The Legal Challenges Faced in a Trucking Accident Claim

Many people make the assumption that the process for filing a personal injury claim is the same no matter what type of vehicle was involved, but this is far from the truth. Accidents involving large commercial vehicles have special considerations that should be carefully analyzed.

If you or someone you love has been injured in a trucking accident, it is important to understand what sets large commercial vehicle accidents apart. Speak to a knowledgeable attorney who has experience in handling these challenging cases. As an injured victim, you may be eligible to receive a fair monetary settlement.

Large Commercial Vehicles Are Governed by Federal Laws

One key difference between regular passenger vehicle accidents and commercial truck accidents is that the trucking industry is heavily regulated by FMCSA, or the Federal Motor Carrier Safety Administration. Truck drivers and the companies that employ them need to follow the rules and regulations set forth by the agency. When these rules and regulations are not followed, the negligent party can be held accountable when a catastrophic accident ensues.

Following an accident, an investigation may uncover the following FMCSA violations:

  • Cargo that has been improperly loaded,
  • A driver that was operating the truck while impaired or fatigued,
  • A driver with violations in his or her logbook, and
  • An inadequately maintained truck

After a large commercial vehicle accident, it is important to gather evidence as soon as possible. This will help determine the cause of the incident and will also help build a strong case. Truck companies, their drivers, and/or their insurance companies can sometimes move quickly in an attempt to conceal vital evidence. As a victim, it is important to attempt to preserve as much evidence as possible.

Large Commercial Vehicles Are Covered by Different Types of Insurance Policies

Big rigs are usually covered by commercial policies. In most cases, these insurance policies will have higher amounts of payouts, however, these companies will vigorously attempt to avoid making any sort of payout to accident victims making a claim. Commercial vehicle insurance adjusters have attorneys and other accident experts at their disposal, and their main purpose is to avoid paying out compensation claims.

After Being Involved in an Accident with a Large Commercial Vehicle, Speak to a Lawyer with the Right Experience

Trucking accidents can quickly become very complicated. As a result, it is critical to obtain qualified legal counsel. An attorney with the right experience will investigate the case on your behalf, and help you understand what your legal options are. As an injured accident victim, you may be entitled to receive monetary compensation from the negligent truck driver or the company that employs him or her.

The personal injury attorneys at Milligan, Beswick, Levine & Knox, LLP are exceptionally experienced in the field of trucking accident claims. The firm is well-versed in the complex rules and regulations that govern large commercial vehicles. As a result, the firm is well-prepared to defend the rights of those who have been injured as a result of a truck driver or company’s negligence. Contact the attorneys at Milligan, Beswick, Levine & Knox, LLP today.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.