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Frequently Asked Truck Accident Questions
By Michael Monheit, Esquire, Monheit Law, PC, Fri Dec 9th
Frequently Asked Truck Accident Questions
By Michael Monheit, Esquire, Monheit Law, PC, Fri Dec 9th
What's the difference between truck accidents and other vehicleaccidents? Although the same laws of negligence apply, there are specialVehicle Code sections that apply only to commercial truckdrivers and trucking companies. Truck drivers also have speciallicensing and training requirements which generally make truckaccidents harder to defend but easier for the plaintiffs to win. -------------------------------------------------------------------------------- (Article continued below)
How do I deal with trucking companies or their insurancecarriers after a truck accident? The first thing you should do is consult with an expert truckaccident attorney. The last thing you want to do is your ownnegotiation with a trucking company about your truckingaccident. Most trucking companies are highly skilled at truckaccident investigation and claims. Anything you say or sign maybe held against you further down the road. For a NO-OBLIGATION,free consultation with an expert truck accident lawyer attorney,click here. -------------------------------------------------------------------------------- Who can sue in a truck accident injury or death case? Anyone who is injured or has had a loved one killed in a truckaccident can sue as long as some other person or entity is atfault for the accident. This includes adults and children (whocan sue through guardians or parents); and even truck drivers ifanother person or entity was at fault for the accident. -------------------------------------------------------------------------------- Who can be sued in a truck accident case? Any person or entity who was at fault for causing the truckaccident can be sued including the truck driver and the truckingcompany, the owner of the trailer, the shipper, as well as anyother driver, person or entity who contributed to the accident,such as the manufacturer of one of the vehicles involved in theaccident, the manufacturer
of a tire that contributed to theaccident or the owner of any public or private property whosenegligence contributed to the accident. -------------------------------------------------------------------------------- My accident occurred in New Jersey but I live in Pennsylvania.Should I hire a Pennsylvania truck accident lawyer or a NewJersey truck accident lawyer? That's a good question. A prominent truck accident law firm willhave co-counsel in several states. Your case can be filed whereyou live or where the trucking company is incorporated; wherethe trucking company does business; or where the truckingaccident happened. -------------------------------------------------------------------------------- How soon should a truck accident injury or death case bepursued? Each state has a different law regarding big rig accidentsand/or wrongful deaths. In some states a truck accident casemust be brought within two years of the date of the decedent'sdeath, if death occurred on or after January 1, 2004; and oneyear from the date of decedent's death if the death occurredbefore January 1, 2004. -------------------------------------------------------------------------------- How important is an investigation in a truck accident case? Extremely important; if the truck is commercially owned, largetrucking companies will perform their own investigationimmediately after the accident. Unfortunately, this puts you ata big disadvantage. To counteract, retain an attorney whoimmediately investigates the case to pin down liability forpotential at-fault defendants. -------------------------------------------------------------------------------- Are expert witnesses necessary to prove fault in a truckaccident case? Usually, unless there is no question that one party wascompletely at fault, a plaintiff in any serious injury or deathcase involving a truck should retain an expert with expertise inthe design, manufacturing, and operation of trucks and the rulesof the trucking industry. -------------------------------------------------------------------------------- Can a truck driver operate his vehicle 24/7? No. Since 1939, Federal law has placed restrictions on the hoursof service that a trucker may operate his truck. Recent changeshave been made to these rules for the first time in over 60years. The new rules are designed to reduce the effect ofcumulative fatigue and prevent many of the accidents andfatalities to which fatigue is a contributing factor for big rigdrivers. -------------------------------------------------------------------------------- I can't afford a truck accident lawyer. What can I do? Many truck accident law attorneys represent clients on acontingency fee basis. Under this arrangement, there is no fee,unless and until there is a recovery. If nothing is recovered --than no fees are collected. About the author:Michael Monheit, Esquire is the managing attorney for MonheitLaw, located in Philadelphia, Pennsylvania Monheit Law, P.C.concentrates its practice in the field of plaintiff personalinjury cases on a contingency fee basis. They can be found athttp://www.monheit.com/truck | 
