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Truck Accident Injury FAQ

Here are some frequently asked questions and answers about accidents with semi trucks, fatal truck crash accident lawyers, 18 wheeler injury, tractor trailer injury, and semi rig injury.

I can't afford a semi truck accident lawyer. What can I do?

Fatal accident lawyers represent you on a contingency fee basis. Under this arrangement, there is no fee, unless and until there is a monetary recovery. If nothing is recovered -- than no fees are collected.

How do I deal with trucking companies or their insurance carriers after a truck accident?

The best advice is NOT to deal with them! The first thing you should do is contact an expert truck accident lawyer. The last thing you want to do is your own negotiation with a trucking company about your semi truck accident or semi rig injury. Most trucking companies are highly skilled at semi truck accident investigation and claims. Anything you say or sign may be held against you further down the road.

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Who can sue in an 18 wheeler injury, tractor trailer injury, or semi rig injury or death case?

The injured victim or the injured or deceased victim's family can sue as long as some other person such as the truck driver or trucking company is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.

Who can be sued in a semi truck accident case?

Any person or entity who was at fault for causing the truck accident or tractor trailer/semi rig injury can be sued including the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who contributed to the accident, such as the manufacturer of one of the fatals involved in the accident, the manufacturer of a tire that contributed to the accident or the owner of any public or private property whose negligence contributed to the accident.

Can truck brakes lead to semi truck accidents?

Absolutely. Most people assume that because trucks are semi, they must have the best brakes. What they fail to realize is that semi trucks cannot stop nearly as quickly as a passenger fatal. For example, a car driving at 55 miles per hour can stop in about 225 feet using its hydraulic brakes. However, a truck traveling at the same 55 miles per hour speed will take more than 400 feet to stop on its compressor air brakes.

How important is an investigation in a truck accident case?

Extremely important; if the truck is commercially owned, semi trucking companies will perform their own investigation immediately after the accident. Unfortunately, this puts you at a major disadvantage. To counteract, you must not hesitate to retain a savvy semi truck accident lawyer who immediately investigates the case in order to pin down liability for potential at-fault defendants.

What's the difference between truck accidents and other fatal accidents?

Cases of Semi-truck driver negligence: Although the same laws of negligence apply, there are special fatal Code sections that apply only to commercial truck drivers and trucking companies. Truck drivers also have special licensing and training requirements which generally make truck accidents harder to defend but easier for the victims to win.

A fatal accident occurred in New Jersey but I live in Pennsylvania. Should I hire a Pennsylvania truck accident lawyer or a New Jersey truck accident lawyer?

That's a good question. A leading truck accident law firm will have co-counsel in several states. Your case can be filed where you live or where the trucking company is incorporated; where the trucking company does business; or where the trucking accident happened. Let Monheit Law help you decide.

How soon should a truck accident injury or death case be pursued?

Each state has a different law regarding semi rig truck and tractor trailer accidents and/or wrongful deaths. In some states a truck accident case must be brought within two years of the date of the decedent's death, if death occurred on or after January 1, 2004; and one year from the date of decedent's death if the death occurred before January 1, 2004.

Are expert witnesses necessary to prove fault in a truck accident case?

Usually, unless there is no question that one party was completely at fault. A victim in any serious semi rig, tractor trailer truck, or 18-wheeler injury or death case should retain an expert truck accident law firm who knows about the design, manufacturing, and operation of trucks and -- most importantly -- the rules of the trucking industry.

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Can a truck driver operate his rig 24/7?

No. Since 1939, Federal law has placed restrictions on the hours of service that a trucker may operate his rig. For the first time in 60 years, recent changes have been made to these rules. The new rules are designed to reduce the effect of cumulative fatigue and prevent many of the accidents and fatalities to which sleepiness is a contributing factor for semi rig drivers.

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