If you or a loved one was in a Semi Truck Accident involving an 18 wheeler we can help. In an accident between a semi truck or tractor trailer and a car its easy to understand the fear which results from the mismatch in size between the two. With this difference in size a semi truck is capable of causing damage to an automobile far beyond the typical car accident. The trucking industry and their drivers are governed by federal laws with certain strict requirements. The federal laws are more complex then those imposed on the typical user of an Oklahoma road. Semi truck accident attorneys need to have knowledge of the special rules of the road. Its those rules that make winning your case more profitable to you.
Special Highway Rules For Semi Trucks:
The U.S. Department of Transportation National Traffic Safety Administration has a legislative mandate under Title 49 of the U.S. Code to issue federal motor vehicle standards. The USDOT mandates that trucking companies and their drivers have in place special accident and accident prevention policies and procedures. These policies and procedures involve driver’s hours of service on the roads before rest, and among another things vehicle inspection, repair and maintenance of the particular vehicle. The truck accident attorneys at Kania Law Office have the experience you need in your corner when dealing with the complexities of semi truck accidents.
Truck Accident Attorneys Must Prove:
First and foremost we need to prove that you were injured in the truck accident. You don’t bring a personal injury case unless you were injured. The injury like all other injuries is proven with medical records. Each time you treat the doctor makes a record of the treatment. Both your attorney and the insurance company attorney will review the medical records. The medical records of treatment are used as objective proof of the injury.
In addition to whats been set out above there are other concerns. In any negligence case the other party will try to prove that you were also negligent. This is called the doctrine of contributory negligence. In some States to contribute to your own injury might preclude you bringing a case. Oklahoma has instead adopted the doctrine of comparative negligence. This doctrine looks at the negligence of all parties and apportions damage based on each persona share.
Burden of Proof Needed to Win Your Case:
In order to prevail at a trial for the recovery of damages sustained in a 18 wheeler accident, the elements of negligence must be proven to the jury or judge by the “preponderance of the evidence” or the “greater weight of the evidence,” as it is described in Oklahoma Jury Instructions – Civil § Instruction 3.1. This is a much lower standard than the “beyond a reasonable doubt” burden most people are familiar with for criminal prosecution. Generally stated, it has to be more probable than not that the defendant was negligent and caused the claimed injuries.
Damages in Semi Truck Accidents:
Damages in a semi truck accident a are similar to damage awards in most other personal injury cases. One big difference is going to involve any violations of special rules governing semi trucks. If the driver failed to follow a rule there may be additional damages available under the special trucking statues. Additionally, if the violations are extreme we may have a case for gross negligence which increases injury damage awards.
Medical Treatment is always a component of damages in Semi truck accident case. You’re entitled to have all of your medical bills paid by the drivers insurance provider. This will include all reasonable medical expenses necessary to heal you.
Just like car accidents pain and suffering is another component of 18 wheeler truck accident cases. This is measured both objectively and subjectively. The best source of objective evidence of pain and suffering is found in your medical records. Be up front and forthcoming with your medical provider. Tl the Doctor exactly what your pain level is. The Doctor will put this in the report and your attorney will take it from there.
What to do if You’re In a Truck Accident:
If you’ve been injured in an accident there are certain dos and donts to pay attention to. Like any other injury case check your body to see if you’re injured. If you are go to the Hospital immediately. Don’t wait as this doesn’t help either your case or your personal well being. Next thing to do is to check the scene of the accident for other injured people. If there are others who’ve been injured don’t touch them. Call the Police and let the medical res-ponders take care of the injured party.
After your health is checked begin to collect information on the other drivers. Make sure you have all insurance and driver information. Its important to be respectful but its also important we have insurance information. Don’t make statements that may put liability on you. Answer the questions asked by the Police and you’ll be fine.