You want to hire a lawyer that is an expert in his field. You want to hire a lawyer who has years of experience in injury law and has handled cases like yours before. So you’re looking for experience, you’re looking for competency, you’re looking for honesty and fair dealing. When you meet with an attorney for the first time, you don’t have to hire them. You can hire an attorney that you want. If you’ve done your research and you believe it’s a competent, experienced attorney, you go meet with them, tell them about your case, and interview them.
They’re interviewing for a job, they want your case, they want to represent you, that’s how they make their living, and you’re their employer. You’re their boss. So interview them. If you’re unhappy in any way with their demeanor or you feel like you can’t trust them or have any negative feelings whatsoever, you don’t have to hire them. You can go try to find another lawyer to represent you who does make you feel comfortable, who does obtain your confidence because that’s what it is between a lawyer and their client. The lawyer has to have the confidence of his client, he has to earn that from them in what he says and what he does. And if a lawyer doesn’t provide that to you when you first meet with them or when you deal with them initially about your case, you may want to think about getting another professional to represent you.
When a big rig or 18 wheeler is involved in a crash, it often leads to significant injury or death due to the sheer size and force of the big rigs at impact. All commercial drivers go through an intensive course to obtain their commercial driver’s license, and most of them are very good at their job. However, due to deadlines, being overworked, inattentiveness, or any other number of reasons, some big rig truck drivers cause accidents. Some of us have experienced close misses with big rigs ourselves. Mine was being forced off the road when a big rig merged into my lane while I was still there. I was able to avoid an accident. Many others are not.
And when an accident with a big rig occurs, you should know that many of the commercial carriers have attorneys on standby, waiting to visit the accident scene and collect or ignore important data before it’s lost forever. These big rig defense attorneys begin planning their defense immediately. You should prepare your case, as well, by hiring an attorney who can take on the big rig industry. Call us. Let us help start preserving valuable evidence immediately, and prepare your case against the big rig industry. Let us fight for you. (gentle upbeat music)
One of the things that are important to know about trucking accident cases is the importance of hiring an attorney sooner rather than later, and the reason is that there’s a lot of evidence usually in trucking accident cases right after the crash. And if a client hires us soon after the trucking accident, then we are able to preserve or keep that evidence whether it be through court order or some other lawful way that we can preserve that evidence, which, in our experience, is very important.
Whenever we take a case on, one of the things that’s important to us is to evaluate and to get together a team of experts who not only are qualified, but oftentimes are the best in their particular field and can tell us the information whether it be why the crash occurred, or why an injury occurred, the cause of an injury, all kinds of things. But generally, we like to assemble a team of experts that we are prepared to go to court and fight. Some of the factors that we look for when we’re investigating a trucking accident include the speed of the truck, the cargo and how it was loaded, whether or not the driver was paying attention. And there’s a bunch of information that’s available.
If we’re hired early enough, then there are steps we can take to preserve some of the evidence that becomes important if we have to go to the trial. In addition, some of the other things we look at include the history of the company and the history of the drivers that that company employs. Some companies will hire drivers who are not qualified and have a history of problems, and these drivers with a history of problems sometimes are entrusted with these large commercial vehicles, and that can be a real problem. Over the course of my career, I’ve had the opportunity to handle many trucking accident cases for the defense side and now primarily for the plaintiff side, which means for people who are involved and hurt in trucking accidents.
Attorney for truck accident
A truck accident case is different than a car crash case. Semi-trucks weigh more than 26,000 pounds and are typically 52 feet long. Therefore truck accidents cause more serious injuries and in tragic cases death. The trucking industry is regulated. Federal rules established standards for mechanical safety, driver’s hours of service, and duty. Law enforcement protocols are more complicated. Electronically stored evidence plays a major role in a trucking case. Modern trucks carry GPS receivers and event data recorders similar to the black box technology used in airliners.
That data along with cell phone records, toll, and transponder data are all crucial in a truck case. Your lawyer needs to know how to obtain that information and how to interpret it. The trucking industry works across state lines therefore truck accident cases are often taken to federal court where the courts and judges employ different rules of procedure. Our firm has extensive experience in truck accident cases. Our website includes a detailed article on truck accident cases.
There can be many types of causes of a truck accident. What we see is that driver inattentiveness is the leading cause of truck accidents. Also, there can be truck accidents due to driver fatigue, also unsafe driving practices whether due to training or the individual driver whether that be due to weather or traffic or the circumstances of the road improper maintenance of the truck itself can cause crashes. What’s important is that the injury victim hires the right truck accident attorney that has experience handling those types of cases and determining the root cause of the collision. Because an initial investigation may not do that here at Rozek law offices we have decades of experience handling truck accident cases. We know the right experts in the field and we get the right outcome for our clients.
If you were injured or a loved one was killed in a truck or 18-wheeler accident you only have one chance to hold the company responsible and make sure that you’re compensated for all your injuries and losses, it’s critical that you don’t just hire any lawyer you need a lawyer who regularly handles drug accident cases, who understands the federal motor carrier safety regulations and the other safety laws and rules that apply specifically to trucking companies and the drivers.
You need a lawyer perhaps most importantly that not only regularly handles the cases but actually takes them to trial and wins substantial verdicts for their clients one of the most important decisions that you’ll make after a truck accident is who you hire it is critical that you get a lawyer who has handled truck accident cases on an everyday basis.
A lot of lawyers want to handle truck accident cases very few of us know the ins and outs of the truck itself i’ve been handling truck accident cases for 25 years my first truck accident case 25 years ago was a wrongful death case and I’ve been successfully handling 18-wheeler accidents ever since an important part of an 18-wheeler accident case is inspecting the rig check hi have you or a loved one been injured in a truck accident or an 18 wheeler accident here in the houston texas area well my name is attorney Richard Alexander and I’m also known as the big rig bull texas truck accident lawyer i help injury victims receive the care and compensation they deserve when they’ve been injured by the negligent driving of truck drivers or the faulty operations of motor carrier companies in the Houston Texas area if you’ve been injured in a truck wreck.
Car accident injury claim Should I settle or go to court?
First of all, you have to look at how much available coverage is there. How much coverage does the at-fault or negligent driver have in their insurance policy? If it’s only what we call a 2040 policy that means that the most that are available is $20,000. And the insurance adjuster is offering the full policy limits and the defendant doesn’t have any assets available that would pay you compensation not covered by his car insurance policy. Then you absolutely should settle and not go to court because there’s nothing you can get from that defendant.
The defendant is what we call judgment proof. The other thing you need to look at is the strength of the case. Let me explain that in any personal injury case resulting from a car accident there are two parts to the case: liability and damages. Liability in a car accident case has to do with negligence. Who is at fault? Whose fault caused the accident? Whose negligence caused the accident? So you look at what the strengths are to prove that the accident was caused by the other driver. Damages is the second part of the case. Damages include both economic and non-economic damages. They’re also referred to as special damages and general damages. Economic and special damages are easy, those are the things that you can add up.
They’re quantifiable, things like your medical bills, lost wages. You can just add them up, see what they are. You have the documentation to prove the amount. And those are your special economic damages. General damages would include pain, suffering, loss of impairment that’s been documented by either your treating doctor or another doctor that’s evaluated you, and maybe loss of enjoyment of life. Loss of things that used to do maybe you were very physically active and you were involved in sports and now you can’t play sports. In deciding whether or not you should settle a go to court, one thing you need to consider is how far apart your attorney is and the insurance adjuster is with the settlement negotiations. If you’re far apart then you might have to file a lawsuit. Filing a lawsuit does not mean that you’re not gonna continue to negotiate.
Oftentimes when you file a lawsuit the claim would be assigned to another adjuster who is more experienced. And usually one of the first things a new adjuster will do is to try and go back and revisit with the personal injury lawyer to see if this chance to resurrect settlement negotiate and maybe lo and behold, there’s more settlement authority available more money to offer that the other adjuster was holding back. The other thing to consider is whether or not to settle a go to court, alternatives to go into court, alternatives to go into trial, alternative dispute resolution. And that could include arbitration. It could include a high law arbitration where you do an arbitration but your attorney and the insurance company agree on a maximum and minimum amount that you’ll receive depending on what happens at the arbitration.
So you’re at least guaranteed a minimum and the insurance company has some protection. As far as the maximum they’d have to pay. Another popular type of alternative dispute resolution that I’m a big fan of is mediation. Mediation is basically a settlement conference with a professional mediator either an attorney with a lot of experience, a lot of years of experience handling car accidents, personal injury cases, perhaps on behalf of insurance companies or perhaps representing car accident victims, or has done both or also many times mediators can be retired judges who have sat on trials, who sat on the bench, who have seen litigants present their case, have seen what judges do and can offer that perspective to the parties, offer that perspective to the accident victim; the plaintiff to be able to assist them to reach the best decision at mediation as far as settling a case.
Another thing you need to look at is, are there any problems with the claim? Are there any preexisting injuries or medical conditions that the insurance company would point to in saying that that wasn’t caused by the car accident, or if the medical records do show that there was some worsening of the preexisting condition or preexisting injury that a certain point in time, the plaintiff returned back to the same position they were in before the car accident? Another thing to consider apart from prior accidents or injuries, are there other previous medical conditions or degenerative conditions such as arthritis or degenerative changes and the discs of the back, if it’s a back injury case that could put into question what’s related to the car accident or what did the person have that preexisted the car accident? And finally, another consideration of the potential problem in considering whether or not to settle or go to court, does the plaintiff has a history of a prior claim, prior car accident claims. If they have a history of prior personal injury car accident claims then there’s a risk that is gonna get into evidence at trial and could affect the outcome of the trial.
One of the other benefits of settling a car accident personal injury case is that you control the outcome. You know exactly what you’re gonna get rather than going to trial and it’s a gamble. Plus if there are any healthcare liens, MassHealth liens, Medicare liens, perhaps there might be a short-term or long-term disability lien. With the settlement, your attorney has the ability to try and negotiate the best terms possible for you as far as reimbursing any lien for MassHealth, for child support, for short-term disability things like that, that you wouldn’t be able to do if you went to trial. You also have to consider the risks of going to trial. Again, it’s a big unknown, you could lose, you could get less money than what’s being offered. There were more expenses much more expenses involved with going to trial for things like depositions, medical experts who might have to testify either via video deposition or in live testimony in court, which costs money. Also, think about the delay. You could wait up to two, three, or more years to have your day in court, to have a trial date. If you’ve been injured in a car accident in Massachusetts and you’d like to talk about your case with me directly, feel free to call or text me at the number below. And if you’d like to watch my future videos, please subscribe to my YouTube channel. (gentle music)Share this