Truck Accident Attorney
Semi Truck Litigation
Disclaimer: Past results afford no guarantee of future results and every case is different and must be judged on its own merits, and depends on the quality of your attorney.
Semi-truck cases are much different than car wreck cases. Many inexperienced attorneys mistakenly litigate a truck wreck case as a "large" car wreck case. Make sure the lawyer you hire is experienced with semi-truck cases - both in jury trials and settlements.
Dr. Bradshaw and Semi-Truck Litigation: If you or a family member have been severely injured by a semi-truck or other large truck, it is important to hire a lawyer and law firm that has extensive abilities in analyzing truck wrecks, proving why the wreck happened, and helping you and your family obtain a complete and full financial recovery. Dr. Bradshaw has obtained verdicts and settlements in the millions of dollars in large truck cases. (read about some of our successes) When necessary, Dr. Bradshaw has also helped people find quality medical care and providers, locally and at quality teaching hospitals throughout the United States, from Boston to San Diego. Dr. Bradshaw has years of experience in medicine and the law, with an emphasis in helping people who need financial and medical help due to catastrophic injuries from large truck wrecks. Dr. Bradshaw obtained the largest verdict in the entire state of Missouri for a semi-truck negligence case in the year 2001. Although most cases settle, it is important to have a lawyer and law firm that can be successful at trial when necessary and get you a complete and full recovery. The trucking insurance companies have the quality defense lawyers-make sure YOU have a quality semi-truck lawyer and law firm on your side.
Semi-Truck Experts:To make sure you receive a full and complete recovery, our offices often work with trucking regulation experts, accident reconstructionists, signal and interchange experts, life care planners, vocational experts and other experts. One or more of these experts may be needed if the potential recovery will exceed one million dollars: Trucking Regulation Experts, Accident Reconstruction Experts, Signal and Interchange Experts, Life Care Planners, Vocational Experts.
Semi-Truck Laws: There are several agencies devoted entirely to regulating the trucking industry, both state and federal. Although these laws and regulations are too extensive to analyze here, one very important law regards log books. All truck drivers are required to maintain log books which record where they picked up their load, where they are heading, what roads they have traveled, and how many hours they have been driving. Regulations dictate how many hours may be driven in both a 24-hour period and a 7-day period.
Before these regulations were put into place many wrecks occurred due to sleepy drivers, some were driving 12, 14, 16, or even more hours without a rest. In the event of a wreck, log books may contain valuable information, which can help your attorney determine if the driver was within the regulations relating to the number of hours on the road. Additionally, this information may be able to help your attorney determine if the driver was speeding. Federal law indicates that log books can be destroyed after just six months. For this reason, and numerous other reasons (some mentioned below), it is very important that you contact an attorney immediately if you have been injured in a wreck involving a semi-truck. There are many other laws relating specifically to semi-trucks that are too technical to go into on this website, but a qualified attorney can analyze and evaluate your case. Be sure and ask any attorney about their experience and success in handling large truck wrecks, including whether or not they have obtained a jury verdict of over One Million Dollars.
Compensation and Recovery for Losses: Under current law semi-truck companies are required to be insured for at least $750,000.00, and some have several million dollars in excess of this minimum requirement. If you have been injured in a semi-truck wreck, there are many different types of recovery to which you are entitled. Keep in mind that the types of recovery vary depending on the facts of each case. The potential compensation and recoverable losses include:
- Hospitalization
- Rehabilitation
- Transportation
- Out Patient Treatments
- Emergency Care
- Prescriptions
- Assistive Devices Medical Supplies
- Lost Wages
- Home Alterations Vehicle Alterations Home Health Care - Nursing and Medical
- Pain
- Loss of Life’s Enjoyments
- Future Medical Needs
- Future Lost Earnings
- Cover Costs (Paying someone to do tasks for you while unable to work)
- Consortium (Spouse’s losses)
There may be other types of damages that you may be entitled to under the law. For more information please contact our office in Springfield, Missouri at 417-890-8888.
If you have been involved in a semi-truck or other large truck wreck, there are several important things to consider.
Venue: Venue refers to the place where a lawsuit may be brought into court. In Missouri, in many injury (tort) cases, venue is often determined to be the county where the first injury occurred.
Time Limits: Time limits are often called “Statute of Limitations”. This means that after the wreck you only have a certain amount of time in which to file a lawsuit. Currently the statute of limitations for large truck wrecks in the state of Missouri is five years from the date of the wreck. Please keep in mind that there are exceptions to this rule, which can change the amount of time you have in which to file a lawsuit. For instance, a minor may have more than five years but the parents may have only five years for the medical bills portion of the action. A wreck that results in death may shorten the time limit to only three years under the wrongful death statute. Another example is when a wreck involved the Department of Correction and in these cases, the statute of limitations may be as short as one year. And the exceptions go on and on... Additionally, there are exceptions to these exceptions. Each state sets out their own statutes of limitations under the types of actions. Just as importantly, defendants may move and become difficult to find. If you have a potential action, seek out the qualified attorney as soon as possible.
Do’s and Don’ts:DO - seek all necessary medical treatment from a qualified physician or emergency room as soon as needed.
DO - keep all medical appointment unless there is a valid reason you have documented for not attending the appointment. Insurance companies sometimes try to reduce compensation and claims because of failures to attend appointments, called “failing to mitigate damages”.
DO - get photographs of your vehicle showing any damage before it is repaired, given to an insurance company , or turned over to a scrap/junk yard. It is important to document the damage which was done to your vehicle. Once your vehicle is destroyed or repaired that portion of your evidence no longer exists.
DO - Keep track of any lost time from work including specific dates and time.
DO - keep track of additional expenses you incur as a result of your injures, such as payments to others for assistance during your recovery. It is best to pay with a check and get a receipt so that there is proof of payment. Insurance companies often attempt to reduce reimbursement for these types of things if there is no proof of payment.
DO - Get photographs of the scene of the wreck showing skid marks, traffic control devices and the lay of the road. If you hire an attorney, be sure your attorney gets this information for you. This type of evidence disappears quickly and is another reason to obtain representation immediately If you obtain photographs , it is important to obtain still and video pictures. This includes both traffic signals and lay of the road and any debris from the wreck. If you obtain video tape of a traffic signal, be sure and get two or three complete cycles of the signal. Additionally, contact local TV stations and newspapers to see if they have any footage of the wreck scene/area. TV stations often reuse film after only 7 to 14 days. Again, obtaining assistance as soon as possible is often beneficial in these cases.
DON’T - give a recorded statement to the insurance company if possible.
DON’T - sign any documents, releases or checks from the insurance company without consulting an attorney.
Additionally, semi-truck insurance companies have been known to have their agents on the scene of an accident even before the police arrive. Be aware of this fact and be cautious about what you say to anyone unknown who may approach you at the scene of the accident or shortly thereafter, in the hospital or even at home after being discharged from the hospital.
Statistics:
Below are some statistics concerning semi-truck accidents. This information was obtained from the U.S. Department of Transportation, the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety.
- In 2000, there were 140,000 people injured and 5,211 people killed in traffic accidents involving large trucks.
- In 2000, large trucks accounted for 9% of all vehicles involved in fatal crashes.
- In 1999, large trucks accounted for 4% of the registered vehicles in the United States, and they were involved in 22% of passenger vehicle occupant deaths in multiple-vehicle crashes.
- One out of eight traffic fatalities in 2000 resulted from a collision involving a large truck.
- Most fatal crashes involving large trucks occur during the daytime (68%) and on weekdays (80%).
Semi-trucks are large and potentially dangerous vehicles. Below is a list of safety tips to help you drive safer around these vehicles:
- Don't pull out in front of a semi-truck or other large vehicle and expect it to slow down for you. Due to the size and weight of these vehicles, they take longer to speed up, slow down, or stop than a regular vehicle. This also applies to passing a semi-truck, make sure there are several car lengths between you and the semi before pulling back in front of it. If you cut too closely in front of a semi and immediately slow down, the driver may have difficulty slowing at the same rate of speed because of the weight of the vehicle.
- Give yourself plenty of time and distance to pass a semi. Due to their length it requires a lot more time and space to pass. Before passing be sure you have plenty of time and distance.
- Don't tailgate. Because of the size of a semi, the driver may not be able to see you if you are following too closely. Give yourself and the semi some space.
- Don't ride the blind spot. Most semi-trucks and other large vehicles have a partial blind spot near the rear of the vehicle and along the side of the trailer and cab. Don't stay in these spots any longer than necessary, as the driver may have difficulty knowing you are there.
- Turning corners. Due to the length of the trailer, semi's need to make wide turns, especially to the right. If you see a semi getting ready to turn, be sure and give him plenty of space to make the turn, often on narrow roads a semi will have to pull into the left hand lane to make a right turn. If a semi has a right turn signal, don't pull up and attempt to pass on the right.
Statistics (see above) show that a large number of wrecks are caused at least in part by the car and not the truck. The semi-truck insurance companies will often attempt to deny liability even when the truck is at fault. Having qualified attorneys who work with highly specialized experts may be important in obtaining a full and complete financial recovery in your case.
