Truck accident lawyer

Truck accident lawyer-If you or someone you love has been injured in a truck accident, you need an experienced truck accident lawyer on your side. At the law firm of Smith & Noble, we have more than 50 years of combined experience representing victims of truck accidents. We know what to do to get you the maximum compensation for your injuries.Truck accident lawyer

Overwhelmingly, the people killed in truck accidents are passengers in other vehicles and not the truck drivers themselves. 68% of all truck crash fatalities are occupants of other vehicles. Even more alarming, 74% of all fatal injury crashes involve a large truck.

Despite what you might think, most truck accidents happen on major roads and not highways or interstates. As a passenger in a much smaller vehicle, you must take precautions to protect yourself and your passengers from a large truck accident. However, even if you take all the right precautions, accidents can still happen.

Common Causes of Large Truck Accidents

  1. Poorly Inspected Vehicles

It’s not always the driver’s fault when accidents happen. In fact, poor vehicle inspection procedures may play a role in many accidents. That being said, drivers need to know what they’re looking for before getting behind the wheel. If something seems off about the car, stop and talk to the person who sold you the vehicle. You might have trouble selling it if the seller doesn’t know how to inspect their own product!

  1. Worn Out Tires

Worn out tires can cause accidents, as they become less stable and more prone to skidding. Many tire shops offer regular maintenance services to keep them safe and reliable. Don’t think you’ll get away without having your tires checked at least once a year.

  1. Drowsy Driving

Drowsy driving is dangerous for everyone involved, and should never be tolerated. Drivers should take regular breaks and keep a clear head while operating a vehicle.

  1. Unsafe Road Conditions

Unsafe road conditions are just as dangerous as any other type of accident. If weather conditions make roads impassable, slow down and avoid the area until conditions improve.

  1. Distracted Driving

If you use your phone while driving, don’t do it! Not only does this put your safety at risk, but it could lead to an accident.

  1. Excessive Speed

Excessive speed is dangerous and should be avoided whenever possible. Unfortunately, sometimes speeding isn’t as simple as slowing down. Take note of the posted speed limit.

  1. Alcohol Consumption

Driving under the influence of alcohol is illegal and dangerous to everyone around you. Never drink and drive – if you feel sleepy or impaired, pull over immediately.

How Can a Truck Accident Attorney Help Me After an Accident?

If you have been involved in a truck accident, then you may need to work with a truck accident lawyer. In fact, having an experienced truck accident attorney at your side can make all the difference between recovering compensation after an injury and not being able to recover the damages that were caused by someone else’s negligence.Truck accident lawyer

Here are some reasons why hiring a truck accident lawyer can help you get compensated for injuries sustained in a truck accident.

1 You Will Be Able To File A Lawsuit

A truck accident lawyer will file a lawsuit on your behalf if they believe that you are entitled to monetary compensation for your medical bills, lost wages, and pain and suffering. If your injuries are severe enough, you could even qualify for compensation under a personal injury claim.

2 You Can Receive Medical Care

If you haven’t already sought out medical attention after your truck accident, now is a good time to do so. An experienced truck accident lawyer will know how to navigate the insurance company’s claims system and ensure that you receive the care you need.

3 You Could Get Compensation for Your Pain and Suffering

No matter what the circumstances are surrounding your truck accident, you should always seek legal representation immediately. As soon as possible, you will want to contact a reputable truck accident lawyer who will guide you through the ins and outs of the truck accident laws, regulations, and processes involved with filing a personal injury claim. This way, you don’t have to go through any unnecessary confusion or delays.

4 You Probably Didn’t Know That Insurance Companies Usually Pay More Than What Is Necessary

In many cases, insurance companies only offer their clients a fraction of what they actually owe victims of car accidents. However, when dealing with a personal injury case, you can expect to receive fair compensation for your losses. By consulting with an experienced truck accident attorney, you won’t have to worry about receiving less than what you deserve.

5 You Have Someone Who Knows How to Fight for What You Want

An experienced truck accident lawyer knows how the insurance company operates and will be familiar with the types of tactics they use to deny claims. These lawyers can fight for you by using these techniques to win your case and prove that your injuries were caused by the negligent actions of others.

What does a car accident lawyer do?

6 You May Even Qualify For Workers’ Compensation Benefits

In certain states, people who are injured while working can also qualify for workers’ comp benefits. If you have sustained an injury while working as a result of the vehicle accident, you will likely qualify for benefits under the Federal Motor Carrier Safety Administration (FMCSA) program.

Truck accident lawyer

If you have been injured in a truck accident, it is important to speak with a truck accident lawyer as soon as possible. A truck accident lawyer can help you get the compensation you deserve for your injuries.

  1. Accident Lawyer

Accidents happen everywhere and any place. There are many different types of accidents including car accidents, motorcycle accidents, truck accidents, etc.. Accidents can occur at any time regardless if its day or night. Truck drivers have an increased likelihood of injuries due to driving long distances and heavy loads. Injuries can vary greatly depending on the severity of the accident and the type of injury sustained. If you have been hurt in a truck accident, then hiring a personal injury attorney is a good idea. An experienced personal injury attorney will help you get compensation for the damages suffered in the accident.

  1. Personal Injury Attorney

A personal injury attorney helps people who were injured due to someone else’s negligence. A personal injury attorney represents people who have been hurt in an auto accident, medical malpractice, slip and fall, product liability, construction site accidents, etc. An experienced personal injury lawyer will fight for your rights and make sure you receive fair compensation for the damages you suffered.

  1. Truck Accident Lawyer

If you are involved in a truck accident, you need to hire a professional truck accident lawyer. Truck accidents can cause serious injury or death to those involved and should not be taken lightly. Hiring a qualified truck accident lawyer is crucial as they will be able to protect your legal rights and help recover monetary compensation for your damages.

  1. Car Accident Lawyer

Car accidents can involve serious injuries that may require you to seek a car accident lawyer. Car accident cases can lead to costly damage claims and even wrongful death lawsuits. You should always consult a skilled car accident lawyer to help protect your right to a defense.

  1. Motorcycle Accident Lawyer

Motorcycles are generally smaller vehicles than cars, trucks, and busses. However, traveling on roads while riding a motorcycle requires extra caution and awareness of traffic laws. Motorcyclists are not afforded the same protection as other road users. You should never ride without proper training and insurance. Hire a motorcycle accident lawyer to represent your interests.

  1. Truck Accident Attorney

When it comes to truck accidents, you need a qualified truck accident attorney. Truck accidents are often times fatal and require specialized knowledge in order to handle them effectively. Hiring a truck accident lawyer can prevent future accidents and give you the best chance of recovery after an accident.

  1. Car Accident Law Firm

In car accidents, everyone involved suffers damages whether they are injured or not. An experienced car accident law firm will provide representation for both parties. An experienced car accident lawyer will ensure your rights are protected and work towards obtaining justice and fair compensation for your damages.

Proving Truck Driver Negligence

The plaintiff was employed as a truck driver for a moving company. While making a load pick-up at the defendant’s house he slipped on ice that had accumulated on the front porch and fell resulting in injury to his left arm. He brought suit alleging negligence against the owner of the premises.Truck accident lawyer

At trial the defense presented evidence to prove the plaintiff had been negligent in causing his own injuries. Specifically the jury was told by the defendants’ expert witness that the plaintiff was not wearing proper footwear while loading the furniture onto the truck and that he did not have sufficient time to inspect the area before climbing on top of the furniture. Additionally the defense introduced evidence that the plaintiff had no experience lifting heavy loads, had previously injured his back while working for the same moving company and had failed to follow the safety rules of the company.

On appeal the court reversed the verdict and judgment entered in favor of the plaintiff finding that the plaintiff was entitled to recovery under the theory of comparative negligence.

A person who employs an independent contractor to perform work which the employer should recognize as likely to create during its progress a peculiar risk or unreasonable danger to others unless special precautions are taken, owes a duty to exercise reasonable care to provide protection for those endangered thereby.

In order to establish proof of liability under a theory of strict liability, the party who alleges negligence must first prove that the property owner knew or should have known of the potential hazard posed by the condition of the property. If the property owner fails to act upon knowledge of the potential hazard then the party claiming damages may recover without proving negligence on the part of the property owner.

It is well settled that where a party voluntarily assumes the obligation of providing security or supervision over the safety of persons rightfully on the premises, even though the invitee may be ignorant of the particular risks involved, the party may be liable for injuries caused by their failure to use reasonable care in carrying out the assumed responsibility.

Where a party agrees to assume responsibility for taking care of the safety of persons rightfully at the place of business or undertaking, the party entering into the contract is held to the standard of ordinary prudence and foresight in protecting the safety of these persons. In other words, if he fails to do what an ordinarily prudent person would do to protect them, he is liable for any injuries they sustain.

If a person has actual notice of a dangerous condition, he is charged with knowledge of that fact and cannot claim ignorance of it. However, if the person does not know nor have constructive notice of the defect, the burden of discovering the concealed defect remains with him.

The law imposes absolute liability on the landowner to maintain his premises in a reasonably safe condition for the benefit of invitees, whether the landowner knows or should know of the particular hazard or not.

When a tenant has possession and control of a leased building for the purpose of conducting the lessee’s business and the lessor retains only the right of entry to make repairs and improvements thereto, the landlord becomes liable for injury to an employee of the lessee occasioned by the defective construction or maintenance of the premises if he has retained control or supervisory powers over the improvement.

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The plaintiff argued that under the doctrine of master/servant liability, the defendant was responsible for the actions of his employees. As a result the plaintiff sought to have the defendant’s motion for summary judgment denied. The Trial Court granted the motion finding that based on the facts presented there was no issue of material fact and the defendant was entitled to summary judgment. On appeal the Second District affirmed the decision of the lower court.

The plaintiff was hired by the defendant to move some items inside an apartment located at 1250 North Federal Highway. The defendant provided a dolly that was pulled by a tractor trailer owned by the defendant. When the plaintiff arrived at the site he noticed that the defendant had already moved several pieces of furniture into the apartment. After loading the last piece of furniture into the car the plaintiff attempted to pull off the dolly. Shortly after pulling off the dolly the plaintiff slipped on ice that had formed on the ground and fell injuring his knee.

The defendant asserted that he was not liable for the plaintiff’s injuries because he was not present when the accident occurred and no evidence indicated that he exercised control over the area in which the incident took place. The defendant further asserted that the plaintiff was contributorily negligent; therefore, he could not recover for his injuries.

The appellate court reversed the circuit court’s grant of summary judgment finding that a genuine issue of material fact existed regarding the applicability of the doctrine of master/ servant liability to the case at hand.

The Court found the doctrine applicable because the record revealed that the defendant had retained sufficient control over the area in question. Furthermore, the Court noted that there was evidence indicating that the defendant’s employee(s) were aware of the icy conditions existing outside of the apartment prior to the plaintiff’s accident. Therefore, the court determined that the question of the applicability of the master/ servant relationship remained unanswered and thus rendered the summary judgment inappropriate.

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