Truck Accident Risk Factors and The Need for an Attorney
A report released in 2016 by the Federal Motor Carrier Safety Administration (FMCSA), revealed that about 4,050 large truck crashes were reported in 2015. Out of this, 87, 000 injuries involved truck crashes, and 342,000 reports revolved around property damage by trucks. As evidenced, these figures are alarming. If you have been involved in a truck accident in Indiana, you can explore your options with the help of a truck accident lawyer. There are also several truck risk factors that you should be aware of to stay safe on the road.
Truck Accident Risk Factors
Driver related risk factors account for a significant percentage of the occurrence of truck accidents. These factors can include, fatigue, speeding, driving while under the influence of alcohol and distracted driving such as texting. Collisions and overturns are also a major risk with trucks especially when they are loaded.
Vehicle-related factors also account for a huge percentage of the truck accidents. Truck related factors may include worn out tires or faulty parts. The time of day also plays a huge role in the occurrence of truck accidents. The general trend is that most accidents happen at night, generally, between 6:00 pm to 6:00 a.m. The complications with urban interstate highways also lead to many truck accidents. Roadways conditions also play a contributory role in truck accidents.
Understanding Your Legal Options
If you have suffered injuries as a result of a truck accident, the law provides legal recourse. To receive compensation, you will need to file a legal claim against the parties involved. It is important to note that you can still file a claim even if you are partially at fault. To discuss the merits of your case and the best course of action, you need to consult with an Indiana truck accident lawyer. Accident liability is a complicated field of law, and you need the expertise and legal know-how of an accident attorney.
One of the major hurdles when it comes to accident liability cases is establishing who is at fault. At the scene of an accident, it can be hard to immediately determine the parties at fault. This is why an investigation needs to be carried out to determine liability. The most obvious parties who are responsible are the drivers. However, accidents are unique and other parties may be involved such as employers, insurance companies, government entities, trucking companies and manufacturers of the trucks. In some cases, more than one party can be liable in an accident. As evidenced, you need legal expertise to narrow down to the liable defendants.
Choosing a Legal Strategy
While most truck accidents are settled in court, there are certain complications or disagreements that may necessitate going to court. The merits of the accident will determine the right course of action. Mediation or arbitration are also strategies that can be pursued. Each of these strategies will have its benefits and shortcomings. Deciding on the best legal option can be stressful and overwhelming. An Indiana truck accident attorney will lay out the options for you and discuss with you the right one. While most view going to trial as the best way to get a large payout. Court settlements can be expensive and time-consuming. Again, there are never guarantees that the judge will award a higher payout. Truck accident cases can also get complicated especially when dealing with insurance adjusters. In addition to this, valuing a claim especially when there is an injury requires expertise.
Many of the truck accident claims go unpaid because victims fail to take action and get compensation. A truck accident lawyer can help you secure a fair settlement.
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