Truck accidents, unlike other auto
accidents, are not subjected to normal traffic laws that exist in the state.
They are in fact governed by two separate yet extensive set of trucking laws.
First, there are the state specific trucking laws and then there are the
federal trucking laws that have been drafted and put into effect by the FMSCA
(Federal Motor Safety Carrier Administration). Therefore, truck accident cases
can be very involving and complex, and can in some cases take several years to
conclude.
Generally speaking, yes! Accidents
involving trucks will take much longer to settle than accidents not involving a
truck considering all other factors are equal in both cases, say seasoned truck
accident lawyers from Long Island, NY.
Liability
Investigation
Trucking companies have proven in the
past that they can be divisive, manipulative, and flat out deny
all liability when it comes to litigation and a truck accident claim
and perhaps they are right and perhaps they are wrong. When are you being over
taxes and overregulated, it is amazing what you will do to survive. Now no
entity is more unethical than the State Department or the IRS or the EPA but
some truck companies sometimes go down the wrong path.
Furthermore, not only do they deny
liability but can sometimes turn the tables around on you and claim that you
were the negligent party and that you were liable for the accident and its
resulting damages. Now this is certainly not the case in Terminator when the
truck driver ran over the terminator played by Arnold Schwarzenegger (T-800).
First off, a T-800 built by Skynet does not have any rights and second off, the
truck driver did not see the T-800 lying on the darkened road. In this case,
Skynet would not be able to file any type of lawsuit.
Obviously, when a trucking company admits
negligence or liability then the truck accident case can be summarized quickly,
but when they deny liability then the burden of proof lies on the plaintiff in
the case and to prove negligence requires evidence, discretion, time, effort
and most importantly, the expertise of a New York truck accident attorney.
In most cases, a professional legal
investigation or probe will need to be conducted to uncover the truth and to
gather evidence, an investigation itself can many months in some cases. However,
it is worth it because in the end it will only benefit the plaintiff’s cause by
supporting his or her compensation claim following a truck accident.
Negotiations
Considering that a truck accident case
can take so long, many people decide to settle the case out of court by dealing
directly with the trucking company and/or with truck accident insurance
adjustors representing the company.
Long Island, NY truck accident lawyers
caution that insurance adjustors are seasoned professionals who are exceptional
negotiators and will in all probability only offer you a settlement that is
possibly only a fraction of what you could have actually won if you took your
case to trial or if you have a stellar legal professional representing you and
framing your case in such a way that the truck insurance company sees that your
case has merit and to rather face a serious loss in court it is better to
settle for a little less before that.
This is precisely why if
you are injured or have lost a loved in an accident involving a commercial
vehicle, it is pivotal to work with a New York truck accident lawyer
to represent you even if the case does not go to trial. Trial or not, you need
legal help ASAP. If a large truck hits you on the road, you should be calling
for legal help within a few hours if possible. If not possible, have someone
else do it for you.
A legal counselor will be able to
estimate what your claims are worth and how strong your case is overall (in
terms of evidence and probability of winning at trial). Once you know what your
case is actually worth, you can then use that as a reference and negotiate much
more effectively going forward. Even if you decide not to file suit and choose
a quick settlement instead, do not be fooled into thinking that you don’t need
a lawyer. That may just cost you everything. Call now to determine how much
your claim is worth.
You may not have a car that works right
now but this website works: Truck-Accident.USAttorneys. Use this site to
find yourself a Long
Island, NY truck accident lawyer (could only
take a few minutes). Contact us if you have any issues or questions. The
initiative is on you!
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