At Sam Aguiar Injury Lawyers, we are dedicated to providing legal representation to those injured in truck accidents.
Understanding the severe impact and complexity of these incidents, our team is experienced in the intricacies of federal and state trucking regulations.
We are committed to navigating the legal system, ensuring you receive the maximum compensation for your injuries, lost wages, and suffering.
We are prepared to advocate fiercely for your rights and secure the justice you deserve.
Maximizing Truck Accident Claims
Due to the complex legal and regulatory environment, a lawyer is essential in truck accident claims.
Truck accidents often involve severe injuries and significant damages and require an understanding of both state and federal transportation laws.
Our experienced lawyers will navigate these complexities and ensure all liable parties are held accountable.
We examine all evidence, including driver logs and vehicle maintenance records. Trucking companies and insurers have legal teams to minimize payouts.
We level the playing field and will ensure you meet the statute of limitations and other legal deadlines to file your claims on time and accurately.
Given the potential for catastrophic injuries and the involvement of commercial policies with higher coverage limits, having us by your side maximizes the chances of receiving full compensation.
We can negotiate effectively with insurance companies and, if necessary, take the case to trial to secure the best possible outcome.
Truck Insurance Requirements in Accident Claims
49 CFR §387 outlines the insurance requirements for commercial truckers. The Federal Motor Carrier Safety Administration (FMCSA) has regulations that dictate minimum insurance coverage amounts based on the type of cargo being transported.
For general freight, the minimum coverage is typically $750,000, but for trucks carrying hazardous materials, the minimum can increase to $1,000,000 or more, depending on the substance’s nature and potential risk.
Additionally, certain cargo types, such as oil or hazardous waste, may necessitate insurance coverage up to $5,000,000 to adequately cover the potential costs of cleanup, environmental damage, and public health impacts following an accident.
Load Securing Regulations in Truck Accident Claims
49 CFR §393 details the requirements for securing cargo on commercial vehicles to prevent accidents caused by shifting or falling cargo. These regulations ensure the safety of commercial truck operations.
“§393.100 Which types of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply? (a) Applicability. The rules in this subpart are applicable to trucks, truck tractors, semitrailers, full trailers, and pole trailers. (b) Prevention against loss of load. Each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and the cargo secured, in accordance with this subpart to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle. (c) Prevention against shifting of load. Cargo must be contained, immobilized or secured in accordance with this subpart to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.”
The cargo securement standards set precise requirements for how cargo should be secured on commercial vehicles like trucks and trailers:
Adequate Securing Devices
Appropriate securing devices (e.g., straps, chains, tensioners) are mandated to ensure cargo is firmly immobilized on the vehicle. Failure to use suitable securing devices could lead to cargo shifting or falling off the vehicle, potentially causing road accidents.
Proper Cargo Distribution and Restraint
Cargo must be evenly distributed and adequately restrained to maintain the vehicle’s balance and stability.
Regular Inspections
Drivers must perform pre-trip and en-route inspections to ensure cargo securement.
Neglecting these inspections and resulting in cargo-related accidents could implicate the driver and the trucking company in failing to adhere to safety protocols.
Compliance with Specific Securement Method
§393.100 details specific methods for securing different types of cargo.
These standards prevent cargo from leaking, spilling, blowing off, or falling from the vehicle, as well as preventing cargo shifting that could adversely affect the vehicle’s stability or maneuverability.
If these cargo securement requirements are not met, resulting in an accident, victims can pursue claims against the responsible parties.
Evidence in Truck Accidents
In truck accident claims, gathering and presenting the right evidence can establish liability and secure compensation for the victim. Important evidence includes:
Accident Report
The official accident report from law enforcement provides a third-party account of the incident, including details on the involved parties, potential violations, and the officer’s observations and conclusions about the accident’s cause.
Driver’s Logs
Federal regulations require truck drivers to keep logs of their hours on the road to prevent fatigue. These logs can indicate whether a driver complied with hours-of-service regulations at the time of the accident.
Truck Maintenance Records
These records can reveal if the truck was properly maintained according to schedule and regulations. Lack of maintenance or unresolved issues could point to negligence on the part of the trucking company.
Cargo Securement Records
Under 49 CFR §393, cargo must be properly secured. Evidence that cargo was not secured according to these standards can be crucial, especially if shifting or falling cargo contributed to the accident.
Medical Records
Documentation of injuries sustained in the accident and subsequent medical treatments establishes the accident’s impact on the victim’s health and life, which is crucial for calculating damages.
Electronic Logging Devices (ELDs)
Many trucks are equipped with ELDs that record data on vehicle operation. This data can be analyzed to provide insights into the driver’s behavior and the truck’s condition before the accident.
Sam Aguiar Wins Truck Accident Cases
Sam Aguiar Injury Lawyers should be your choice in a truck accident claim. With our Bigger Share Guarantee®, after a case settles, our clients always get more.
Period.
Our track record of securing substantial settlements and awards speaks for itself. Notable results include:
$6.2 Million
$6.1 Million
$6 Million
$5.2 Million
$4.1 Million
$4 Million
These achievements highlight our firm’s experience in dealing with the complexities of truck accident litigation.
We are committed to achieving life-changing outcomes for our clients for their hardships.
Partnering with us means your case will be handled with the same care and commitment as our family.
Contact Our Trucking Lawyers Today
If you’ve been involved in a truck accident, you need a knowledgeable and experienced legal team.
Don’t navigate this challenging time alone.
Dealing with the aftermath of an accident is undeniably challenging, both emotionally and physically.
Our team understands the hardships you are facing during this difficult time and is here to handle everything while you focus on healing.
At Sam Aguiar Injury Lawyers, our team is committed to aggressively fighting for every dollar you are owed.
Call 502-888-8888 or 859-888-8000 for your free consultation, our Bigger Share Guarantee, and no-win, no-fee representation.
