Whenever a truck driver makes a mistake while behind the wheel, the people who suffer most are the innocent drivers and passengers on the road. Boise Personal Injury Lawyers Group is an accident law firm that can help you and your loved ones seek justice and compensation for the damages you suffered.
Truck accident claims are often more complex compared to car accident claims as truck drivers are required to abide by strict federal and state laws. If you or a loved one was injured in a truck accident, you should get in touch with us today. Our team of Boise truck accident lawyers can help you get the money you need to make a full recovery from your injuries and damages – including money for lost wages, medical bills, as well as the intangibles like pain and suffering.
If you want to meet up with a Boise car accident attorney to discuss your case, fill the form below or call us at (208) 968-9060 to schedule a free consultation with us, no obligations asked. We are ready to meet you wherever you are, no need to come to our office.
Truck Accident Statistics for Idaho
The Idaho transport network consists of over 60,000 miles and 4,000 bridges. Based on data from the NHTSA, Idaho has an average of 23 fatalities every year from commercial truck accidents. No matter the cause, any accident that involves a commercial truck usually results in tragic injuries or death. This is why it’s important to hire a truck accident lawyer to help you file your claim.
Data from NHTSA also shows that the most fatal crashes occurred in Bonner, Bannock, and Idaho counties.
What Should You Do After a Truck Accident?
A truck accident is a stressful experience, and it’s easy to be overwhelmed and uncertain of what to do. Here are the actions you need to take.
Contact the Authorities
You should always call 911 as soon as possible after an accident, especially one involving significant damage or injuries. This comes with the benefit of getting suitable help for everyone at the scene, as it’s likely many people will need it following a truck accident.
Check on the Other Victims
It’s good to check on the other victims at the scene to ensure everyone is safe to avoid a second crash. As you wait for the paramedics to arrive, get first aid for those who need it most. If someone is badly hurt, avoid moving them unless it poses a hazard.
Collect Contact Information
While at the scene, be sure to exchange contact information with the witnesses and the other parties involved in the accident. There is always the risk of a hit-and-run, so you should aim to get all the pertinent info quickly just to be safe. Get details like the full names, phone numbers, license information, and insurance information. For truck accidents, it’s often wise to get the contact information of the truck driver’s employer.
Record the Scene
If you can, try taking photos or videos of the scene of the accident, including the kind of injuries you sustained, the damage to your vehicle and any other property, the position of the vehicles, the road conditions, any nearby road signs, skid marks, etc.
Speak With the Witnesses
You should identify anyone who might have witnessed the collision and get their contact information. Witness testimonies are quite important in personal injury cases, and they could be critical to supporting your side of the story. This is especially true when there is a dispute over the root cause of the accident.
Seek Medical Attention
After an accident, you should try to get medical attention as soon as possible, even if you don’t think your injuries are serious. Keep in mind that the crash will cause an adrenaline spike that could mask pain and other issues like whiplash, which will often take time to become obvious. It not only ensures that your injuries are attended to promptly, but also creates an official record of the injuries, which may serve as evidence as you seek compensation.
Contact an Experienced Truck Accident Lawyer
The truck accident lawyers at Boise Personal Injury Lawyers Group are always ready to help. We offer free consultations to all our personal injury victims in Idaho. We also work on a no-win-no-fee arrangement, meaning you don’t have to worry if you can afford our services. Contact us today for a free case evaluation.
What Are the Laws Regarding Truck Accident Liability?
There are several laws and regulations that apply to the trucking company. Having a special knowledge of these regulations and laws will be necessary when navigating a truck accident case. Our truck accident lawyers understand the laws and regulations that apply in truck accident cases. Whenever a driver or any other party violates these laws, we can work hard to hold them liable for the damages caused by their violations.
State and federal regulations stipulate the rules that truck drivers have to abide by. They are only required to drive a given amount every day, have to track their mileage and need to thoroughly maintain their trucks. The following are some of the regulations that truck drivers must follow:
- The driver has to keep an accurate log of the mileage they have driven
- The driver can only drive for a given time every day and should stop once they reach their limit
- All commercial vehicles must be maintained properly to enhance the safety of other motorists
- Commercial vehicles have to maintain and stay within certain speed limits while on certain roads
Such driving regulations are designed to keep the other road users safe. If your accident was caused by a driver who broke one of these rules, we may be able to prove that they acted negligently. Our Boise, Idaho truck accident attorneys have the experience and resources to ensure a full recovery and compensation for you.
How Can a Truck Accident Lawyer Help?
There are many reasons to get an experienced Boise truck accident lawyer. The following are some crucial reasons.
Your truck accident lawyer will be responsible for investigating the details and facts of your accident, as well as collecting and preserving the available evidence. They will also have the access to obtain the necessary documentation from the trucking company, pursue qualified experts to testify in court, and interview witnesses.
Filing a Claim
When you have an attorney on your side, you will have better chances of filing a successful claim. Your lawyer will make sure that they build a strong case on your behalf while making sure that the necessary paperwork is filed in time.
When you file a claim, you need to deal with the insurance companies to get them to pay the settlement amount you need and deserve. However, most insurance companies will try to either deny or devalue claims for victims. Your attorney will be handle negotiations with the insurance companies on your behalf and prevent them from taking advantage of the situation.
In case the negotiation phase is unfruitful, your lawyer will proceed to bring your case to court. All our truck accident lawyers are well experienced and have handled hundreds if not thousands of cases similar to yours. They are also well familiarized with the local justice system and ordinances in Idaho courts.
What Types of Compensation Can I Receive?
Truck accident victims in Boise, Idaho may be awarded three categories of damages.
These are the calculable financial losses you suffered as a result of the accident. One of the most important components of economic damages in truck accident cases is the medical expenses, including emergency room, hospital stays, and prescriptions. Keep in mind that medical costs in the U.S. are through the roof, and you will want these taken into account in your compensation award.
Other economic damages include:
- Medical equipment
- Adjustments to your home or car to accommodate medical equipment in your home
- Cost of transportation to and from your doctor’s or physician appointments
- Diagnostic imaging
- Rehabilitative services
- Occupational and/or physical therapy
- Property damage
- Lost wages and loss of future earnings
Non-economic damages are the kind of losses that are hard to quantify, yet they affect your financial security and also have a major impact on your life. Some great examples include:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of household services
- Depression and anxiety
- Loss of companionship and consortium
In some truck accident cases, the court or jury might decide to award punitive damages. While it’s rare for the court to award them, punitive damages are still awarded by Idaho courts. They are meant to serve as additional punishment to the defendant if they are found to be too malicious, reckless, or in brazen disregard for human life.
How Much Is My Truck Accident Claim Worth?
The main way of determining how much a truck accident case is worth is by establishing the worth of the damages and injuries the victim sustained from the accident. Keep in mind that truck accidents tend to be a lot more devastating than normal car accidents.
Trucks are generally large commercial vehicles and if they crash into passenger cars, they can leave the victims with lasting injuries, temporary or permanent disability, and even death. Logically speaking, the settlements are typically increased to cover for the more severe injuries and damages caused by truck accidents. It’s not uncommon to see a truck accident settlement worth seven figures, often with the help of a truck accident lawyer.
Is There a Deadline for Filing a Claim?
For every personal injury case, the victim has to file a lawsuit within a given amount of time after the accident. This time limit is referred to as the statute of limitations. In Idaho, the statute of limitations for personal injury cases, including truck accident cases, is two years from the time of the accident. This means that you have to file your claim within two years for your case to be valid.
How Is Fault in a Truck Accident Determined?
Establishing the cause of your truck accident can be helpful for both you and your lawyer to determine who is at fault. This is especially true for truck accident cases as more than one person can be found to be at fault.
Naming all of the negligent parties who had a part to play in causing your injuries could dramatically increase the amount of compensation you receive. Your Boise truck accident lawyer will investigate all aspects of the accident to establish who or what caused the collision. We will use every resource available to us, including expert witnesses and accident reconstructionists to build a strong case on your behalf and make sure you receive the maximum amount of compensation available for your case.
Can a Lawyer Prove the Truck Driver Was Negligent?
When consulting with your truck accident attorney in Boise, you may hear them use the term “negligent entrustment.” This term is used to refer to a case where the company knew or should have reasonably known that it hired or retained a driver who had the potential to be dangerous on the roads.
A negligent entrustment allegation argues that by allowing the driver to operate the large commercial vehicle, they, in turn, placed every other road user at risk. The driver’s driving history can be used by your truck collision lawyer to prove negligence.
At this point, many issues can and should be assessed. For instance, did the driver lie about their driving record on the application? Was the company diligent enough to verify the driving history? Had the driver notified the employer about any moving violations or accidents they were previously involved in? How often did the employer subsequently check the driver’s record?
These and more questions could be used to help your lawyer prove that the truck driver was negligent and should be carefully examined.
Who Can Be Held Liable?
As mentioned earlier, more individuals or entities can be held liable for damages and/or injuries in a truck collision case. Finding the at-fault parties is therefore a critical step when filing such a case. Some of the responsible parties could be:
The Truck Driver
In many cases, the driver bears the responsibility for a truck accident. In case a driver is fatigued, intoxicated, speeding, distracted, or disobeying traffic regulations, they can be a danger to the rest of the road users and should be held liable for the damages they cause.
The Truck Manufacturer
Sometimes, a mechanical fault originating from the manufacturer could be found to be the true cause of the accident. For instance, if a part of the truck is not manufactured correctly, causing it to malfunction, then the manufacturer could be held liable for any damages or injuries the faulty part causes.
The Trucking Company
In case the driver’s employer failed to adequately train the driver, forced, or allowed the driver to engage in unsafe driving practices that are against the state or federal regulations, the employer can be found liable for the accident. The trucking company can also be found liable for not following proper maintenance schedules on its vehicles or failing to follow proper protocols for background testing or drug testing its drivers.
For most trucking accidents, the trucking company owns the truck involved in the accident. If the company allows a driver that has a poor driving history to operate its trucks, this is negligence on the part of the company. If the company is found to have been coercing its drivers to drive more hours than it’s legally allowed, or at greater speed, then it’s negligence on their part.
What Are the Common Causes of Truck Accidents?
As experienced truck accident attorneys operating in Boise, some of the common causes of truck-related accidents we come across include:
- Driver fatigue caused by spending long hours on the road
- Distractions like operating phones while driving or engaging in other in-cab distractions
- Speeding to meet deadlines
- Jackknifing caused by poor braking, taking careless turns, or driver error
- Highway hypnosis, or zoning out while driving
- Intoxication or substance abuse while driving
- Inadequate inspections and maintenance
- Poor road conditions
- Improper loading, oversized freight, or loads that fail to meet guidelines
- Faulty equipment, including problems with the vehicle itself
Call Our Boise Truck Accident Lawyers Today
Our team of Boise truck accident lawyers strives to offer every client we serve personalized and compassionate attention. When you or a loved one gets into a truck accident and you’re trying to recover compensation for the injuries and damages you suffer, the last thing you want is to feel like you’re being treated like just another case.
At Boise Personal Injury Lawyers Group, we treat every client with respect and compassion as we understand how a personal injury case can be difficult to deal with. We provide prompt and honest communication at every step of the case. We also provide a no-fee guarantee, as we work on a no-win-no-fee basis (contingency). This should let you focus on making a full recovery while being confident that we are looking after your best interests.
Get in touch with our experienced and knowledgeable truck accident attorneys at (208) 968-9060 for a free consultation. If you cannot come to our offices, we can come to you. Let us work hard to get the justice and compensation you need and deserve.