Why You Need an Experienced Lawyer on Your Side
Kovacich Snipes Johnson, P.C. truck accident attorneys have fought for more than three decades for victims injured in big rig, tractor trailer, delivery, and other truck accidents throughout Montana. We have recovered over $500 million in compensation for our clients going up against the largest corporations in the nation.
Accidents involving large trucks are often devastating due to the immense size and weight of commercial vehicles, which can result in severe injuries or fatalities. Securing the representation of a skilled truck accident attorney can make all the difference in the outcome of your case.
According to recent data, 5,788 people were killed in heavy truck accidents in 2021, with thousands more suffering serious injuries.
Why Truck Accidents Are Different from Car Accidents
Truck accidents differ from regular car accidents in many ways, mainly due to the sheer size and weight of commercial vehicles. Fully loaded, a large truck can weigh up to 80,000 pounds, making them a dangerous presence on the road. These accidents often result in more severe injuries and involve complex liability issues. Unlike car accidents, truck accident claims may involve multiple liable parties, including the truck driver, trucking company, truck manufacturer, or even the cargo loader.
Additionally, federal regulations govern the trucking industry, adding another layer of complexity to these cases. A skilled Montana truck accident attorney is crucial to understanding these regulations and ensuring that all potential defendants are held accountable.
Common Causes of Truck Accidents in Montana
While truck drivers are typically well-trained and responsible, several factors contribute to the high number of truck accidents each year. Common causes of truck accidents include:
- Driver Fatigue: Truck drivers often face tight schedules, leading to long hours on the road. Federal regulations limit truckers to 11 hours of driving per day after 10 hours off duty, but some drivers exceed these limits, leading to fatigue and reduced reaction times.
- Mechanical Failures: Poor maintenance or defective parts can lead to catastrophic failures, such as brake malfunctions or tire blowouts. In these cases, the truck owner or manufacturer may be held liable.
- Distracted Driving: Like all drivers, truckers can become distracted by cell phones, GPS systems, or other devices, leading to accidents.
- Improper Loading: If cargo is improperly loaded or secured, it can shift during transit, causing the truck to become unstable and potentially leading to accidents such as rollovers or jackknifing.
Who Is Liable in a Truck Accident?
One of the key challenges in truck accident cases is determining who is liable for the damages. Multiple parties could be responsible for a truck accident, including:
- The truck driver if they were negligent, fatigued, or impaired.
- The trucking company if they failed to properly maintain the vehicle or enforce safety regulations.
- The manufacturer if the accident was caused by a defective part.
- The cargo loader if improper loading caused the accident.
Determining liability requires a thorough investigation, including reviewing the truck’s maintenance records, driver logs, and any potential regulatory violations.
Federal Trucking Regulations and Their Impact on Accident Claims
Federal regulations play a significant role in truck accident cases. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules aimed at reducing accidents, including limits on driving hours and mandatory drug and alcohol testing for drivers. These regulations are designed to prevent driver fatigue and ensure that truck drivers are alert and capable of safely operating their vehicles.
In many cases, violations of these federal regulations can be used as evidence of negligence in a truck accident lawsuit. For example, if a truck driver exceeds the legal driving hours and causes an accident, both the driver and their employer could be held liable.
The Importance of Acting Quickly After a Truck Accident
Truck accident cases require immediate action to preserve crucial evidence. Trucking companies often have teams of lawyers and insurance adjusters ready to minimize their liability, making it essential to have a legal advocate on your side as soon as possible. Your attorney will gather evidence, including:
- Truck’s Black Box Data: The electronic logging device (ELD) records crucial information such as the truck’s speed, braking patterns, and driving hours, which can be critical in proving negligence.
- Driver Logs and Maintenance Records: These documents help determine if federal regulations were violated or if the truck was improperly maintained.
- Accident Scene Investigation: Skid marks, vehicle damage, and witness statements can all play a key role in reconstructing the accident.
Types of Compensation Available in Truck Accident Cases
Truck accidents can lead to significant financial and emotional burdens for victims and their families. In a successful truck accident claim, you may be entitled to recover compensation for:
- Medical Expenses: Including hospitalization, surgeries, rehabilitation, and long-term care.
- Lost Wages: If your injuries prevent you from working, you may recover compensation for lost income and future earning potential.
- Pain and Suffering: Non-economic damages that account for the physical and emotional trauma of the accident.
- Property Damage: Compensation for damage to your vehicle and other private property.
An experienced attorney will help you calculate the full extent of your damages and negotiate with insurance companies to secure fair compensation.
Types of Truck Accidents
Truck accidents come in various forms, each with unique causes and consequences:
- Rollover Accidents: These occur when a truck tips over, often due to sharp turns, high speeds, or improper cargo loading.
- Jackknifing Accidents: When a truck’s trailer swings out at a 90-degree angle, often due to sudden braking or slippery road conditions, causing the truck to lose control.
- Underride Accidents: These happen when a smaller vehicle slides under a truck’s trailer, usually due to sudden stops or poor visibility.
- Rear-End Collisions: Due to their size and weight, trucks require longer stopping distances. Rear-end collisions often occur when truck drivers fail to stop in time.
Contact a Montana Truck Accident Attorney Today
If you or a loved one has been injured in a truck accident in Montana, you do not have to navigate the legal process alone. The attorneys at Kovacich Snipes Johnson, P.C. are here to help. With extensive knowledge of Montana’s trucking laws and a commitment to securing fair compensation for our clients, we will fight to protect your rights and help you recover. Contact us today for a free consultation and let us handle the complexities of your case while you focus on your recovery.