Created: 13 June 2019
INTRODUCTION TO TRUCKING ACCIDENT INJURY CLAIMS HANDLED BY TRUCKING LAWYERS IN IDAHO
In Idaho, truck accidents present unique issues as a type of personal injury claim. Here is some basic information on trucking crashes in Idaho to answer some frequently asked questions (FAQs) on trucking related claims and lawsuits, as well as steps to take if you have been involved in a serious truck related personal injury crash. An attorney on a trucking accident case must have the resources necessary to properly investigate the facts, present the claim to the insurance company, and then litigate the trucking injury claim if necessary. This provides an overview of causes of semi-tractor trailer accidents in Idaho, the process followed by a personal injury truck collision law firm, unique legal issues in Idaho big rig injury accidents, and a summary of the types of injuries in trucking related crashes, accidents, and collisions. These issues apply to all types of large commercial trucks, including those commonly referred to as semis, tractor-trailers, big-rigs, 18-wheelers, delivery trucks, cement trucks, cargo trucks, garbage trucks, tow trucks, logging trucks, dump trucks, buses, moving vans, fuel trucks, tankers, and the like.
TRUCKING CRASH CAUSES THAT MAY REQUIRE A TRUCK ACCIDENT LAWYER IN IDAHO
Idaho semi-tractor truck crashes can be caused by any number of factors. Violating Idaho’s basic rules of the road is one cause. Another cause is brake problems and other equipment related problems and failures. Big rig crashes in Idaho can be caused by road conditions, construction zones, and drivers traveling too fast in those situations. Tractor-trailer injury accidents may be caused by the truck driver working over hours, driver fatigue, and prescription and/or over the counter drug use. There are rules and regulations that may apply as to the amount of time an 18-wheeler truck driver can be on the road, time off between trips, and weekly hours. Of course, some truck crashes are due to driver intoxication from alcohol or illegal drugs. Poor visibility out of the truck cab is a known problem in the trucking industry and blind spot problems may contribute to truck collisions. Distracted driving, including cell phone use, by be a factor in a given case. Tire failure, from negligent installation, tread wear, retread failure, and the like, have been a contributing factor to serious truck cashes as well, as has overloading. Some truck drivers may be unfamiliar with the route. Another contributing factor to big rig accidents may be inadequate trucking company oversight, training, and surveillance of drivers. Fallen cargo and out of state drivers may cause accidents and they too are liable here in Idaho for personal injuries they may cause. Weather, especially winter driving conditions in Idaho, may contribute to big rig crashes. Here are some informative links on trucking accidents:
TRUCK CRASH CASE PROCESS FOLLOWED BY TRUCK ACCIDENT ATTORNEYS IN IDAHO
First the Idaho personal injury lawyer in a truck related case must investigate the facts of the crash. This may require hiring an accident reconstructionist to visit the scene, take measures, and take detailed photographs. The accident reconstructionist may run calculations to determine issues as to speed, distance, visibility, breaking, and the like. The lawyer may contact the trucking company and ask that it preserve all evidence by way of an evidence preservation letter. This, for example, may be geared towards later obtaining any black box data on the operation of the truck as well as gps data. The attorney in an Idaho trucking crash case may work to obtain the driver log books, driver certification and licensing records, and driver training records. Equipment inspection and maintenance records may prove useful depending on the case. Second, after the facts are gathered and investigated, the Idaho trucking accident law firm will monitor the client’s personal injury status. It is often important to wait until the crash victim reaches medical stability so that an accurate assessment of the scope and duration of injuries can be made. Future medicals and permanent impairment must also be evaluated if applicable in a semi-tractor trailer big rig injury accident case in Idaho. Third, the big rig crash lawyer will use this information to calculate your damages, including for medical bills, loss of wages, permanent impairment, and pain and suffering. Fourth, the trucking accident lawyer may then present your demand to the opposing insurance company in an effort to settle the case for an acceptable monetary amount before litigation. If negotiations are unsuccessful, litigation in Idaho may then be necessary. Fifth, the truck collision attorney will then file a lawsuit in the proper court and proceed with the discovery process. The litigation discovery process will involve both written questions for information and documents (interrogatories and requests for production), as well as oral testimony under oath in depositions. There may be motions filed in a trucking injury lawsuit. The semi-tractor trailer big rig injury case will then proceed to trial if the case does not settle before trial. If a successful verdict is obtained in the trucking injury accident trial, there may be post trial negotiations, post-trial motions, and of course appeals. A top personal injury trucking collision lawyer will have the experience and resources necessary to go the distance with this type of case.
UNIQUE LEGAL ISSUES IN SEMI-TRACTOR-TRAILER ACCIDENTS IN IDAHO
Federal Motor Carrier Safety Administration https://www.fmcsa.dot.gov/regulations
Idaho Rules of the Road https://legislature.idaho.gov/statutesrules/idstat/Title49/
Idaho insurance laws https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH18/SECT41-1839/
Idaho wrongful death statute: https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH3/SECT5-311/
Idaho Jury Instructions on Negligence and Damages: https://isc.idaho.gov/main/civil-jury-instructions
TYPES OF PERSONAL INJURIES IN BIG RIG COLLISION CASES HANDLED BY IDAHO ATTORNEYS
Those injured in semi-tractor trailer accidents in Idaho may include other drivers, passengers, pedestrians, bicyclists, motorcyclists, and even other truckers. Commercial vehicle crashes in Idaho may involve the full range of personal injuries, from more mild soft tissue injuries, to very severe life threatening personal injuries with permanent disabilities. This can include spinal cord injuries, burn injuries, fractures, traumatic brain injuries (TBIs), and even amputations. Serious accidents involving large trucks in Idaho can lead to wrongful death claims for the loss of a loved one. And, it is not unusual to have claims for emotional trauma and emotional distress in serious semi-truck related injury cases in Idaho. These cases can involve surgeries, hospitalization, rehabilitation, physical therapy, follow up visits, etc. http://www.patrickmahoneylaw.com/areas-of-practice/personal-injury-attorney
TRUCK ACCIDENT RELATED PERSONAL INJURY ACCIDENT LAWYER SERVICES
To learn more about trucking collision injury accident claims in Idaho, speak with an experienced attorney at Mahoney Law PLLC. We serve all of Idaho. We provide free consultations and case evaluations on truck related matters. If you are searching for information on big rig personal injury law in Idaho, here are several bullet points and pieces of quick information from our trucking case personal injury lawyer. We strive to be your one stop shop for answers on the Idaho personal injury process for 18-wheeler injury cases. First, be aware that there are time deadlines, referred to by personal injury attorneys as “statutes of limitation.” These time deadlines apply to personal injury cases in Idaho. These can be short and time-bar potential claims, so do not delay in consulting with a good semi-truck personal injury law firm. Second, our Idaho semi-truck personal injury attorney will tell you that one of the most important things to take care of is your health and recovery. Follow your healthcare provider’s instructions. Third, as Idaho a tractor-trailer personal injury attorney, we would advise against giving a statement to the at-fault party’s insurance company unless and until you have consulted with a personal injury attorney. The liable party’s insurance company is not your friend and its obligations are to its own insured not to you. Fourth, another piece of basic advice for a tractor-trailer personal injury case in Idaho is to keep good records in a file so that you can bring the paperwork for your meeting with a Idaho personal injury firm. Fifth, a top Idaho truck crash injury lawyer will tell you that you need to be patient and that if you are interested in a quick, cheap settlement, to look elsewhere. It takes time and work to properly maximize recovery for a client on a good faith, meritorious personal injury claim. Sixth, note that lawyers in Idaho are regulated by the Idaho State Bar for protection of prospective clients; the lawyer must clearly communicate with you and provide a written contract for contingency fee (commission) based representation. We encourage everyone to put safety first and to treat others as you would like to be treated – that will go a long way to minimizing the types of things that require people to consult us. You can call us for more information or to schedule a meeting to discuss your Idaho commercial vehicle personal injury lawyer matter.
In your search to hire a top Idaho truck collision personal injury attorney near me, people are often confused about what to look for. In searching for the best Idaho big-rig personal injury lawyer, you should look at whether the Idaho personal injury law firm has a proven track record of success in terms of results. In deciding whether a firm is the best Idaho personal injury law firm for injuries due to a big rig accident, you should also look at how long that firm has been serving Idaho. Another factor to consider in deciding on a top rated Idaho commercial vehicle personal injury lawyer is whether the highly ranked Idaho personal injury law firm is accredited by recognized groups in the profession. And, look at the level of customer service provided in hiring the best Idaho personal injury attorney. For basic, straightforward information on tractor trailer personal injury attorneys and semi-truck accident personal injury lawyers in Idaho, contact Mahoney Law PLLC, Idaho’s go-to law firm for personal injury claims and cases, especially those involving trucking related vehicle collisions. We can provide answers to common personal injury claim questions, such as: how do I hire a top personal injury lawyer?; how do the attorney fees work?; what if the truck driver was at fault but was not cited?; how much will it cost?; how long does it take?; will this affect my car insurance?; how does this work with my healthcare insurance?; and how much money can I expect to recover if I go forward with a personal injury matter? When you call, have the basic facts of your situation well in mind and have collected a file of any paperwork related to your truck crash injury matter.
Here are a few additional tips on hiring an Idaho trucking accident personal injury attorney: (1) Be sure not to simply hire the first personal injury law firm that sends you flyers in the mail after your truck related accident occured. These days, many so called “trial law firms” are routinely sending direct mail advertisements to injury victims. These lawyers troll the police reports and other sources to find the names of people who have been involved in trucking related accidents. They send out catchy mailers, brochures, guidebooks, etc., etc. trying to convince you to hire them for your trucking case. Ask yourself: if they are really that good would they need to send out direct mailers to me? Probably not the firm to go with. (2) Look for a firm with a track record of actual results that they share. Results speak louder than words. (3) Look for a firm with the resources to actually go the distance. The only way you will obtain maximum value on your claim is to have an attorney who has the resources to fight to the end, versus a lawyer looking for a quick settlement. Even if your case is one that should settle relatively quickly, you will only get maximum value if your lawyer is of the sort that is prepared to go to trial, that way the opposing insurance company knows that if they low ball you, they are in for a fight.