Dixon Truck Accident Lawyer
An accident with an 18-wheeler is quite different than your typical fender-bender or other collision involving two sedans. Get ready for a legal battle if you or a family member was hit by a large tractor-trailer and suffered severe physical injuries. Commercial truck companies use all available legal tools and strategies to reduce or deny personal injury claims filed against them, even if the evidence is reasonably clear that the commercial truck operator was responsible for the accident.
Waiting to speak to an injury lawyer will only hurt your case and bolster the chances that the truck company gets to walk away from the accident without being held accountable. Take action today and contact our Dixon truck accident lawyers at (707) 564-1900 to discuss your legal options. We offer free, friendly advice.Common Tactics of Commercial Truck Companies
Large truck companies are willing to put substantial resources into fighting an injury claim. Truck companies can stack the deck against an unsuspecting claimant since many companies maintain a team of investigators who spend their time trying to find any evidence that can be used to benefit the truck company against your personal injury claim. They also have large law firms on retainer, ready to defend a lawsuit at their beck and call.
The truck company and its lawyers aim to protect the company's bottom line when subject to a personal injury lawsuit. That is why it is quite common for truck companies to use tricks and tactics to fight your claim."Losing" or Destroying Evidence
Truck companies engage in this dubious practice quite regularly. Federal regulations require a truck company to maintain the Electronic Control Module (ECM) data for 30 days. Even worse, some state legislatures were lobbied by the truck and freight industry to pass state laws that allow the truck companies to treat these ECMs as company property, meaning they can destroy or alter them as they wish. This is why it is essential to retain an attorney as soon as possible to file the appropriate documents in court to preserve this critical evidence.
Another example is, after a wreck, the truck company opts to destroy or alter the driver logs that would show whether the driver violated the Hours of Service set forth by federal law. Or, the truck company "loses" the truck driver's personnel file, which may contain evidence showing whether the truck operator was properly licensed and trained to operate a big rig.Violating Drug and Alcohol Testing Rule
This is a particularly troubling practice that many truck companies have engaged in. Even though the law requires it, they tell the truck operator not to get a drug and alcohol test. Why? Because if there is evidence that the truck operator had a blood alcohol content over the legal limit, it is much easier to establish liability on the truck operator, thereby imputing liability on the truck company. If the truck company is found to have violated the drug and alcohol testing rule, they are only subject to a small monetary fine levied by the Federal Motor Carrier Safety Administration. It makes more financial sense for the truck company to pay the small fine than have evidence showing liability, resulting in a substantial jury verdict against them.Only Making Lowball Settlement Offers to a Claimant
The insurance company for the truck company will likely make you a settlement offer. The issue is that the settlement offer will be so low that it does not adequately compensate you for your harms and losses. It is common for insurance companies to argue that you were "over-treated" after the accident or that your lost wages claim was excessive. You could have $100,000 in documented damages, but the truck company only offers you $25,000.
If you find yourself in this situation, having a Dixon truck accident lawyer on your side is a huge benefit. After attempting good faith negotiations with the insurance adjuster, the attorney can file a lawsuit in state court. To be clear, filing a lawsuit does not end the settlement negotiation process. In fact, many truck accident cases wind up settling a few days or weeks before a trial.
The video below discusses how soon you should contact a truck accident lawyer after an accident.Truck Accident Lawyers in Dixon, CA
If you or someone you love has been injured in a truck accident, please call our experienced Dixon truck accident lawyers immediately for free and friendly advice at (707) 564-1900 or (800) 404-5400. Don't let the truck company walk away without being held accountable. You can also contact us online.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
Learn more about us. See our past verdicts and settlements and client reviews on Avvo, Yelp, and Google.
Editor's Note: This page has been updated for accuracy and relevancy [cha 6.13.22]
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