Our client was injured in a tractor-trailer accident after the truck ran a stop sign. He swerved to avoid a collision, ran off the road, went airborne, and hit his head on the steering wheel when his vehicle impacted the ground.
Initially, our client did not think he was seriously injured. He declined medical care at the scene. Later that day, he was feeling dizzy and he went to the emergency room where he was diagnosed with a mild concussion. One of the most common as well as the very least severe type of traumatic mind injury is called a concussion. According to the CDC, between 2001 as well as 2009, an estimated 173,285 individuals under age 19 were dealt with in hospital emergency clinics for concussions related to accidents, sports as well as leisure tasks. Other reasons include cars and truck and also bike crashes, job-related injuries, falls, as well as fights. This was not the case for our client, however. Our client suffered what is known as a traumatic brain injury that was not properly diagnosed.
It Was Actually a Traumatic Brain Injury
In the months following the accident, our client suffered symptoms associated with a traumatic head injury.
Doctors know that a traumatic brain injury (TBI) is a devastating condition, like burns, amputations, as well as spine injuries. It upsets life on several levels: physical, psychological, social, and also spiritual. TBI influences the roots of who we are– our capacity to believe, to connect, as well as to connect with other individuals. For about 85 percent of people with TBI, those troubles eventually fix, however, the remaining 15 percent have long-term troubles. If you’re dealing with lingering signs and symptoms of a TBI, or if you’re looking after an enjoyed one, it can aid to comprehend even more concerning the large range of obstacles that TBI can have on your life.
Light taps can cause daily frustrations, upset moods, or periods of sleep loss. More powerful jolts might create you to totally forget your name, or make you think you’re someone different. A TBI can introduce a frustrating amount of complication and uncertainty right into your life
Before BWO got involved in the case, the trucking company at fault refused to even pay our client’s medical expenses, which were under $10,000. The trucking company claimed our client wasn’t really injured, and, if he was, his problems were caused by dementia and a stroke that pre-dated the accident.
A Big Win After a Tractor-Trailer Accident
BWO invested over $25,000 in the case. We hired experts to show that our client’s problems were caused by the accident – not by dementia or stroke. BWO also discovered evidence that the trucking company’s driver was not properly qualified to operate a tractor-trailer, and we vigorously pursued punitive damages against the trucking company. Three weeks before trial we were able to settle the case for $250,000.
Tractor-trailers have evident differences in size and also weight when compared to an automobile, and these distinctions add to the severity of the injury caused upon those who have the bad luck of remaining in a tractor-trailer accident.
It’s unbelievably uncommon to be in an accident with a tractor-trailer and only endure minor injuries. Traumatic brain injury, paralysis and also decapitation are just some of the extreme injuries regular in a tractor-trailer accident. Clearly, these are not the type of injuries you can ignore.
When negligence on the part of a tractor-trailer driver or owner triggers a crash with one more automobile, the outcomes are commonly disastrous. Those harmed in a truck mishap or suffering the loss of a member of the family due to a crash that was not their mistake deserve payment for the linked physical, economic as well as emotional concerns.
The Experience You Need for Tractor-Trailer Accident Cases
We have the experience and expertise to assist hurt and also injured vehicle motorists in any kind of case.
Our law office dates back over 40 years to 1975 when Charles Buchanan began his injury as well as workers’ compensation firm. Since that time, we have been assisting hurt vehicle drivers to recover the injury as well as Workers’ Compensation benefits they are owed. Our practice is improved the twin columns of (1) exceptional legal representation as well as (2) exceptional individual service. For many years, our company has actually made an online reputation for quality for helping truckers and drivers in Missouri, Illinois, as well as throughout the United States recover the personal injury and workers’ settlement benefits they are owed.
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Individuals who are hurt in a crash with a truck can and also must demand responsibility from the trucking company if the firm and/or its chauffeur has made a mistake and caused the accident. This is usually done by hiring an attorney that will build a case and also file a suit against the trucking company. Numerous instances never see the within a courtroom due to the fact that a negotiation is reached between your lawyer as well as the trucking business.
A trucking lawyer like the team at Buchanan, Williams & O’Brien will gather evidence, assess your case, as well as will certainly bring in an expert to evaluate the accident. An attorney accustomed to trucking laws and accident cases can also look for payment for your suffering and hardships. We are the best team for the job and look forward to speaking with you.
The size, weight, and instability of commercial motor vehicles makes them incredibly dangerous to any motorists, bicyclists, and pedestrians on the road. Accident survivors tend to sustain significant injuries when a collision occurs, including broken bones, paralysis, and brain injuries. The injuries received in collisions with these gigantic cars can have overall lifetime expenses that are well past what the typical insurance coverage pays.
If you or a loved one has been injured in a collision with a commercial motor vehicle, you may be able to recover damages for:
- Medical bills
- Rehabilitation expenses
- Lost wages
- Pain and suffering
If you’re interested in pursuing compensation, you’re going to need the services of an experienced truck accident attorney who has a thorough understanding of state and federal trucking laws. Truckers and trucking companies are governed by extensive federal laws and regulations under the Federal Motor Carrier Safety Regulations (FMCSR) that are meant to keep people driving in automobiles safe.
The FMCSR governs all aspects of the trucking industry including:
- Licensing requirements for truck drivers
- Required documentation
- Limits on consecutive work hours
- Weight, size, and route limitations
- Trucking insurance minimums
Understanding these regulations and their various interpretations is critical to constructing an effective litigation strategy in a truck accident lawsuit.
The Reason Truck Accidents Happen
Insurance companies are just that: companies, and their primary concern is making money. Consequently, your accident has the potential to cost an insurance company a lot of money. This means that a trucking company’s insurance provider is already zealously investigating an accident once the incident has been officially reported.
Insurance companies have developed many tactics to undermine a plaintiff’s claim. For example, an insurance company may try to convince the jury that your injuries are due to your own negligent actions or the natural consequences of an unavoidable event. To fight these claims, you need an experienced and resourceful attorney who can discover the true cause of the accident.
Truck accidents are often caused by:
- Driver fatigue
- Unreasonable schedules
- Improperly loaded or overloaded trucks
- Defective equipment
- Poorly maintained vehicles
- Lack of driver training and experience
- Excessive speed
- Dangerous weather conditions
A trucking company recklessly endangers the lives of other drivers by pressuring their employees to purposely ignore the FMCSR and many other state and federal traffic laws. When someone is injured or killed in an accident, the trucker and trucking company may face legal penalties on top of any punitive damages awarded in a civil lawsuit.
More Information on Common Causes of Truck Accidents
There are nearly 2,000,000 commercial motor vehicles traveling across American highways at any given moment. These large, heavy vehicles can move at high speeds and represent a serious risk to other motor vehicle drivers. Statistically, there are about 500,000 truck collisions every year. These accidents often lead to catastrophic injuries and heartbreaking fatalities.
Truckers and trucking companies have an obligation to exercise great care when it comes to operating and maintaining these vehicles. In fact, they are held to extremely strict state and federal laws. Unfortunately, trucking companies often fail to live up to their legal obligations and personal responsibilities. Whether it’s due to greed, laziness, or general negligence, these companies are known for sanctioning and encouraging dangerous short-cuts that ultimately jeopardize public safety.
Once an accident is reported, a trucking company’s insurance provider starts diligently investigating the case. The insurance company is not above manipulating any evidence to make it seem like the accident was unavoidable or that the plaintiff is truly the at-fault party. If you’ve been injured in a truck accident, it’s imperative that you contact a skilled and experienced lawyer who can investigate the case and accurately pinpoint the at-fault party.
To investigate and determine the cause of your truck accident, you need a seasoned truck accident attorney who knows the right questions to ask and where to find the answers. Due to their large size and limited stopping power, truck drivers are held to a higher level of responsibility than passenger vehicle drivers. To guarantee public safety, trucking companies are required to follow strict procedures when it comes to record keeping, hiring and training drivers, and maintaining their fleets. Per the FMCSR, trucking companies are legally required to provide investigators with any relevant records that can aid in their investigation of an accident. However, trucking companies are usually very hesitant to provide this information voluntarily.
At Buchanan, Williams & O’Brien, P.C., our experienced St. Louis truck accident attorneys know how to effectively collect, interpret, and utilize evidence to strengthen your case.
Injured by a Negligent Driver? Schedule a Free Consultation Today!
If you’ve been injured by a negligent truck driver, you need to seek immediate medical attention and then contact the truck, motorcycle, and automobile accident lawyers at Buchanan, Williams & O’Brien, P.C. Truck accidents can be notoriously difficult to litigate because multiple parties can be liable for your injuries. You don’t want the trucking company and their insurance provider to have an edge over your claim. When you contact our firm, we can immediately begin our investigation and do everything in our power to protect your claim from the machinations of underhanded insurance companies. Our legal team can help you secure maximum damages by negotiating with insurance companies on your behalf. If necessary, we can even litigate for your best interests in court.
Recovering from a severe injury can be a difficult process, both physically and financially. This is particularly true when your injuries prevent you from returning to work, which is unfortunately common in truck accident cases. We want to help you recover damages that can facilitate your recovery. For this reason, we provide our legal services on a contingency fee basis. You don’t need to pay any attorney fees until you’ve been awarded compensation.
Gathering Evidence for Your Case
The FMSCR requires trucking companies to gather and save enormous amounts of information that could be important to your case.
This evidence includes:
- Information from when the trucker was hired
- Medical information about the trucker
- Maintenance information about the truck and trailer
- Driver logs showing how many hours the trucker has been on-duty
- The trucker’s accident history
Because they often participate in shady practices, trucking companies never voluntarily hand over this information. Your lawyer needs to know what information to ask for and which legal tricks can be used to appropriately obtain it.
Need a Truck Accident Attorney? Schedule a Free Consultation Today
It’s imperative that you seek legal representation immediately after your accident. This gives your lawyer time to compile evidence and develop a customized legal strategy that truly reflects your financial objectives. The insurance company is going to do everything in its power to undermine your claim. At Buchanan, Williams & O’Brien, P.C., our seasoned truck accident attorneys are adept at negotiating with insurance companies and have helped countless clients secure maximum compensation.
We understand that it’s difficult to take legal action when you’re simultaneously healing from an injury. At the same time, we also know how stressful it is to accumulate numerous medical bills. We want to help you pursue damages that can facilitate your financial and physical recovery. For this reason, we work on a contingency fee basis so that you can seek damages without worrying about attorney fees.
Contact our Missouri truck accident lawyers to schedule a consultation. If your injuries or personal circumstances prevent you from meeting at our office, we can hold your appointment at your home or hospital room.