Immediate Action after a Trucking Accident : What to do

Immediate Action after a Trucking Accident
When a 40-ton semi truck is involved in an accident with a passenger vehicle, physics has already determined who will lose. The steps taken right after tractor trailer accidents are based on safety and common sense:

Remove yourself and others from danger. This takes precedence over anything else. Busy highways are dangerous places. You do not want to be the victim of a secondary accident. If possible, get off the road and away from any vehicles that may catch on fire or any cargo that has been spilled from an overturned 18 wheeler.
Do not leave the scene of the accident.

Call 911
You might need emergency medical service for you or a passenger. Even if you do not think you are injured, you must still call to report the accident. If you cannot find your cell phone, ask to use someone else’s. Do not assume others have called. You may have information that will help the dispatcher send the appropriate equipment to the scene.

Take pictures if possible. The advent of cell phones that can also take pictures has changed the way accidents are documented. Even the police now regularly take pictures of an accident scene. Photographic documentation preserves information that will be lost after vehicles are moved by police personnel or tow truck operators.

Obey any directions from police and medical personnel You will be interviewed by both the police and medical personnel. Be clear and report anything that happened, even if it seems minor, to the first responders. It may be important later and you should mention any loss of consciousness, abrasions from air bags, any vision problems, bruising or cuts… in short, anything physical damage you suffered, even if you do not wish emergency treatment.

Contact your Attorney
After your medical needs have been met, the next priority is to protect your legal rights. Making the wrong statements to the police, the truck driver, or others at the scene can affect your chances to obtain a full and fair settlement. The trucking company or their insurance carrier may send a representative to the accident. If the big rig has flipped or jackknifed, it can take an hour or more to clean up and this is valuable time that might be lost if you delay.

Notify your Insurance Company
In most states, you will be required to share insurance information with any other drivers. Do not attempt to get documents from your vehicle until it is safe to do so! This is usually after the police have arrived to control other traffic. When talking to your insurance company keep your statements brief and to the point. You are reporting an accident – you do not have to give all the details at this time.

Obtain information from other parties

You should note all the information you can about the truck, the trucking company (many are leased and owned by someone other than the driver), the markings and plate on both the trailer and the tractor (the front ‘truck’ part of a semi truck), and whatever information you can get from the driver, such as insurance and contact information for his company.
You should also try to get the names and phone numbers of any witnesses. Too often, witnesses leave after talking to the police, who may or may not get the information you need to contact them later.

Other steps

Your attorney will walk you through other things you should do after a trucking accident, and these will probably include seeing a doctor as soon as possible for an examination. It might include getting pictures of injuries you or others received.

Your lawyer will get a police report and contact witnesses. They will ask you to write out what happened as you remember it shortly after the accident. A good accident attorney knows that memories fade and having a written record may be critical later on.

Our Law Firm handles commercial truck accidents and can help you with your case. Although the initial steps above are very important, they only represent immediate action, there is much more to be done.

If you have been in a trucking accident, you may contact us for a free case evaluation.

Understanding personal injury

Do you want To Understand Personal Injury

Did you sustain a personal injury? You are not alone. And worse, people need to go to court regarding the injury, which is not easy. Learn how to deal with these legal aspects with the tips here.

Look online to seek how a personal injury attorney is rated. Do not simply call the voice speaking the loudest on TV. They do not always represent the best option, and you really should do more research.

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If you believe you may have grounds for a personal injury case, see a physician immediately. It’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Try to find a local personal injury attorney. Just saying, local attorneys might be more accessible to you and that can lead to you being more satisfied with what they do. You also won’t have to make long distance calls, you can have quicker communication, and you can meet with them easier.

While it may sound expensive,looking up a “board certified attorney” is most likely your best bet when you want to having your personal injury case resulting in a favorable outcome for you.. This means hiring someone who has a great deal of these type of cases under his belt along with many checks in the “win” column.

When working with an insurance company, always proceed with caution. You may have to deal with more than one, depending on the details of your case. Insurance companies do not want to give you money. You may wish to consult a lawyer before accepting anything from an insurance agency.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

Look for a lawyer willing to work on a contingency basis. This means that your lawyer will not get paid unless you receive a settlement. Not only will this mean your lawyer has a vested interest in getting you a good settlement, it also means you won’t be left with a large legal fee should your case be dismissed.

You need to have a budget set up before you hire a lawyer. The costs can easily skyrocket if you don’t present your budget to your lawyer before they begin. Try to find someone who will work on a conditional basis so you only have to pay them if they win your case.

If there is no other circumstance to believe that you is a lay down, then many attorneys will take it on. These contracts state that you only pay the lawyer’s fee if they win the case for you. While you’ll end up paying more, this ensures you’re not out if you lose.

Just because your lawyer has a lot of stuff hanging from his walls doesn’t mean that that he is the best candidate to taking on your case. Check out all of his qualifications, including calling past clients if possible, that he offers as referrals. Checking out groups he is supposedly affiliated with, and checking with his alma mater. Check that his law license is still valid, too.

A personal injury can be devastating. People dealing with these types of cases will experience all kinds of legal issues. The pain can be tough to deal with, but your case doesn’t have to be. Keep these tips in mind for your injury case, hopefully you will find the best personal injury attorney suited for your case

10 Common Mistakes When Drafting a Will

Wills can be intimidating. Aside from the contemplation of death, trying to craft a legal document that accomplishes everything you want can be a daunting task. Interpreting wills without the help of the person who drafted it is a notoriously tricky practice, so getting it right is essential.

With so many ways to get it wrong, how do you make sure you have a valid will that properly takes care of your estate? Be sure to avoid these common mistakes when you draft your will:

1. Writing It by Hand

Yes, you can write a will by hand, but you probably shouldn’t. While some states recognize handwritten (or “holographic” wills) they may limit what they can bequeath or how they can be revised. You’re better off having a type-written will (perhaps using this sample form) signed by two witnesses if you want to guarantee the will is valid.

2. Not Knowing State Law

State wills laws can vary, and each state has its own particular rules on validity, construction, and interpretation. Just because a will is legal in one state, it may not be in another. Knowing the ins and outs of state statutes on wills is essential if you want to your will to successfully distribute your assets after death.

3. Including Things You Shouldn’t

The natural inclination is to make sure all of your possessions are listed in your will. But there are things you shouldn’t include in your will. Things like your funeral plans, life insurance and retirement plans, jointly held property, and your “digital estate” can and should be left out of your will. (And you should probably avoid any illegal gifts and requests as well.)

4. Not Including Your Business

One thing that should be included in your will is your business, especially if you are a sole proprietor. Whether you plan to keep a business in the family through a trust or you want the company sold upon your death, your business interests should be addressed in your will.

5. Not Creating a Living Will

Wills don’t only take care of your assets after you die. Your will can also take care of you while you are alive. A living will is a legal document that sets out how you want to be cared for in case of a medical emergency or if you become incapacitated. A living will can cover topics like resuscitation, desired quality of life, and end-of-life treatments, and can also include any treatments you don’t wish to receive. (And if you are considering a living will, you may also want to consider a durable power of attorney as well.)

6. Not Making Revisions

Just because your will is drafted, doesn’t mean it’s done. Life circumstances can change, and you may need to revise your will. Marriage, divorce, children, business acquisitions, and asset sales can all affect the terms of a will, so make sure that any major life changes are met with revisions to what will happen to your estate after death.

7. Leaving Everything In the Will

Just because you want to leave things to your heirs and beneficiaries doesn’t mean you have to do it through a will, and you don’t have to wait until you die. Giving gifts while you’re alive can mean avoid a big tax hit in death. The IRS allows gifts up to $13,000 a year per individual to go untaxed. So not only does the recipient save the tax hit on the gift today, it avoids estate taxes later.

8. Not Understanding the Tax Code

Speaking of estate taxes, they can be some of the most confusing of an already complex set of statutes. Estate tax law is difficult even for the experts, and, like wills laws, estate taxes can vary by state. It may take an expert eye to make sure you’re not burdening your beneficiaries when you’re just trying to bestow a gift.

9. Waiting Too Late

You’re never too young to write a will, as long as you’re over 18 when you draft it. Planning for your death while you’re still in the prime of your life may feel unwarranted or uncomfortable, but dying without a will is worse. If you die intestate, your assets go into probate — a process that can be lengthy and expensive.

10. Writing It Yourself

There’s no law saying you can’t write your own will. But understanding the other laws that apply to wills may necessitate calling in a professional. This simpler your estate and family situation, the easier it will be to draft your own will. But if you want to feel confident that a will can account for a more complex asset situation, you may not want to go the DIY route.

The best way to avoid these mistakes is to consult with an experienced estate planning attorney before drafting your will.

Fatal Truck Accident

Wrongful Death Lawyer

Texas Fatal Trucking Accident Attorneys

Do you have a loved one who has suffered a fatal trucking accident in San Antonio, Texas? Our highly skilled Attorneys are here to help.

A tractor trailer, semi-truck, commercial truck, or 18 wheeler can cause massive damage from the sheer mass of the vehicle. A typical 18 wheeler can weigh in excess of 80,000 pounds, while the typical car weighs approximately 3,000 pounds.San Antonio trucking accident wrongful death cases can be highly litigated cases and as such it is critical to obtain and preserve all relevant evidence. The evidence that must be marshaled immediately includes obtaining prior accident records, maintenance records, the drivers log books, witness statements and first responders to the scene, qualcom data and the trucking companies safety policies and procedures.Possible trucking accident causes

There are many possible causes of trucking accidents including but not limited to driver inattention, driver fatigue, improper distances, inadequate driver training, improper inspection, improper maintenance, and an overloaded truck.

I have recently heard of a San Antonio trucking accident that involved an 18 wheeler that was on a highway overpass above the plaintiff. The load that the 18 wheeler was carrying shifted causing the driver of the 18 wheeler to lose control. The tractor trailer fell over the overpass and down onto the top of the plaintiff crushing her.How can this law Firm help me with my trucking accident case?

The benefit of hiring our San Antonio fatal trucking accident attorneys in these types of cases is that we can help preserve and obtain all of the evidence immediately and before the trucking company would have an opportunity to manipulate the evidence. Preserving all of the evidence at the beginning of the case can make the difference between winning and losing.

Bus accidents are similar to trucking accidents in that they involve large vehicles. Bus occupants who are injured or killed due to the negligent operation of a bus may have a cause of action against the bus driver and the bus company through the legal theory of respondeat superior.

Some of the same legal concepts apply in bus accidents as they do in trucking accidents in terms of obtaining all of the available evidence as early as possible. Bus companies have been known to alter or destroy critical evidence in a case.Accident-Preventing Trucking Laws

The Federal Motor Carrier Safety Administration created the Act that governs the rules and regulations applicable to the safe operation of 18 wheelers. The purpose of the statute is to make the roads and highways safer for everyone.

Both state and federal laws limit the number of hours that a truck driver can drive in a 24 hour period. That is why driver log books and the computer data available in board the 18 wheeler is important. One of the main causes of tractor trailer accidents is fatigue and these state and federal laws help to prevent fatigue related accidents.

In 2003, the Federal Motor Carrier Safety Administration adopted new more restrictive laws limiting the number of hours an 18 wheeler driver could drive in a day. Since the law change statistics have shown that the number of fatigue related wrongful death cases has been reduced by 20% to 40%.

Another common cause of trucking accident wrongful death cases is an intoxicated truck driver. Both state and federal law prohibit the consumption of alcohol while operating an 18 wheeler. The driver of an 18 wheeler has a legal and moral obligation to the public to be a responsible driver.

Trucking companies are required by law to properly maintain its trucks. Failure to routinely inspect and maintain the trucks can result in catastrophic failure of brakes, tires or other critical operating components. When a trucking company fails to properly maintain the trucks it puts out on the streets and highways it is certainly foreseeable that a catastrophic accident could occur.What is the trucking company’s recourse in the event of a fatal accident?

Lets discuss the chain of events that occur when a trucking company learns that one of its trucks has become involved an a fatality accident. Initially the truck driver radios in to dispatch to notify the trucking company what has happened. Immediately, representatives from the trucking company and insurance company are sent to the scene of the accident.

The representatives from the trucking company would most likely include the senior risk manager, a team of accident reconstruction experts, a private investigator, the trucking company lawyer or lawyers and possibly others. The insurance company for the trucking company would most likely deploy its own risk manager, investigator and team of lawyers.

These people are immediately sent to the scene if the accident to investigate and take inventory of what happened. All of these precautions are taken by all of these people on behalf of the trucking company and its insurance company for one reason. They want to develop all of the evidence necessary in order to pay as little as possible to the deceased person’s family.What is my recourse in the event of a fatal accident?

Surely, if the trucking company and its insurance company are mounting such an aggressive defense, the family of the deceased should and needs to do the same thing in order to protect themselves. Your fatal trucking injury lawyer will assist the family of the deceased as aggressively or more than the trucking company and its insurance company.Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construciton Accidents – Boating Accidents – Premises LiabilityC

The San Antonio personal injury attorneys of this Firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration,waivers, insurance coverage stipulations and policy terms, etc.

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How to select the right injury Attorney

Personal Injury Attorney Severe Selection,

Personal injury can arise due to anything. Negligence is the main cause of these injuries. It could be negligence of the doctors, or even employers with very unsafe working conditions. Then it could be due to negligence of motorists on the road, which is very common. Different personal injury attorneys cater for different needs of clients.

1. There are those who are better equipped when it comes to dealing with personal injury claims that have been caused by careless motorists be it motor bike drivers or even truck drivers as long as it is an accident caused on the road then they will dive right in.

2. There are the lawyers who would rather deal with the superiors of many companies who do not care about the well-being of their employees. Therefore, such lawyers will always tackle such claims because that is what they are more knowledgeable in.

1. It is to acknowledge the type of personal injury one has and then get a personal injury attorney who has handled such claims. This will give the client an assurance that a settlement on their favor will be established because they have a personal injury attorney who knows what he or she is doing.

2. Get a genuine lawyer. The kind of lawyer who understands the case and everything that will be done pertaining the case will revolve round what is best for the client and nothing less. There are those lawyers whose main interest is winning a case and at times winning a case does not mean that the client gets what he or she wants. So winning a case that brings by the interest of the client is the best kind of win. Such personal injury lawyers are not easy to come by but once gotten they never disappoint.

3. Another thing is, clients looking for personal injury attorneys should choose a lawyer by themselves and should not allow a personal injury attorney to bully them in to allowing them to handle the claim. Most of these lawyers are not experienced especially those who eagerly advertise their services. A personal injury victim would rather go for a lawyer who has handled many cases and one has to actually be evaluated before the case is taken. Busy lawyers are effective.

4. It is good to be aware of the record of accomplishment of the personal injury attorney. How many cases were won by the lawyer and how the lawyer won these cases. The personal injury attorney’s method of winning a case should consider the sensitivity of a personal injury case.

A personal injury attorney will require the attorney fees to be paid. These fees are:

1. A personal injury attorney will always charge a client when it comes to the first interview between lawyer, client, and on the recurring meetings.

2. There is also the fee that is always gotten from a successful case. If a settlement is acquired both the client and the lawyer get a percentile of the benefits of the case.

The fees of different lawyers are not the same there are some personal injury truck accident lawyers who have higher rates compared to their fellow lawyers.