Truck accidents and the litigation that
follows come with their own set of challenges. It needs to be emphasized that
truck accidents are not subject to regular auto accident laws. They are
governed by two sets of laws – state trucking laws and federal trucking laws
put in place by the Federal Motor Safety Carrier Administration (FMSCA). While
there are laws in place, engaging the services of a northwest or Portland,
Oregon truck accident lawyer is vital. And there is no one better in this area
than Douglas Green!
The reason you need to hire legal
representation that knows about truck accidents is because very often general
lawyers make the mistake of treating a truck
accident case like a normal auto accident case and some lawyers that
handle tax law or immigration law should not even be considered for this type
of law since the fields are so distinct. Handling a truck accident lawsuit is
very different given the complex nature of trucking laws and liability issues.
Truck
accident investigation
Portland, OR truck accident lawyers such
as Douglas Green say that the first process in a truck accident case would be
to hire an accident investigator who can hypothetically reconstruct the
accident to allow for some transparency into what exactly transpired. Your legal
representative will have a solid network of accident re-constructionists and
will be able to get you the best one. The next step in the investigation
process would be to check for and collect all sorts of evidence possible.
Evidence will include taking photographs
of the crash site and the debris, the registration details of all vehicles
involved, names and addresses of all parties involved, testimonies from eye
witnesses, expert testimony, and names and badge numbers of law enforcement
officers that responded. Other important evidence includes the history of the
truck operator, and journey logs and driver logs maintained by the trucking
company.
All this evidence will prove to be
crucial when it comes to determining liability and acquiring compensation at a
later stage in the litigation. Yet again, a Portland, OR truck accident lawyer
will know exactly where to look for evidence and how to present it in the most
effective manner.
The
truck accident lawsuit
There are many filing requirements that
you need to abide by in order for your truck
accident lawsuit to be accepted. Filing a lawsuit involves a lot of
paperwork and diligence while your complaint must include all the specifics of
the case. Northwest Oregon truck accident attorneys file several, perhaps more
or less, truck accident cases a year and know exactly how to go about doing it.
In case the state of filing has a direct
action statute then you will be required to name the insurer as one of the
defendants in the lawsuit. The complaint should include theories of liability
such as negligent hiring, entrustment or retention, negligent service or
maintenance, a breach of FMSCA rules, driver fatigue issues and economic, non-economic,
and punitive damages. Oregon is among the states that does not permit ‘direct
action’ suits.
Getting
a trucking expert
If you want to win your truck accidentlawsuit then you are inevitably going to require the assistance of a trucking
expert during the course of the case. Your legal professional can find a
qualified trucking expert to help you bolster your case. Douglas Green knows
how to win cases. This is what they bring to the table. Not only do they
understand the law they have contacts of highly respected individuals that the
court will have no choice but to respect. In fact, this could help you settle
the case with the other side since they know your case just became stronger and
that going to court could be a losing affair for them.
Truck accident claims need to be
properly planned prior to filing and a strategy has to be built accordingly.
Therefore, make sure to get in touch with a Portland area Oregon truck accident
lawyer as soon as possible. The best lawyer in this area in this gorgeous
northwest America city is Douglas Green (http://www.douglasgreenattorney.com/).
You may not be able to pump your own gas in Oregon but you can find a winning
lawyer in Douglas Green.
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