Truck incidents can range from simple fender benders to catastrophic collisions, and large trucks and tractor trailers can cause severe injuries or even death. Here at Parker & McConkie Personal Injury Lawyers, we have handled thousands of truck accident claims for over 40 years.
Our Provo Truck Accident Lawyer is committed to giving clients the help they need to start over. Contact us today at (801) 876-4107 for a free consultation.
Why Should I Hire Parker & McConkie Personal Injury Lawyers?
Devastating injuries from trucking accidents can have a long-term effect on you. Even mild impact collisions can result in physical and psychological trauma.
Cases involving a trucking accident can be challenging to prove. Luckily, the responsibility of your personal injury claim does not have to fall on you. Finding a Provo Truck Accident Lawyer who can represent your interests is crucial.
What You Need To Know About Truck Accident Laws in Provo, Utah
Each person’s experience varies. And although there are many state laws, you need to know. The following are the critical legal statutes of a Provo truck accident claim.
Truck Accident Statute of Limitations in Utah
The statute of limitations specifies how long you have before bringing a personal injury case. Your claim is forever lost if you do not file the lawsuit within the statute of limitations.
It would be beneficial if you met with a lawyer as soon as possible to avoid expiring the statute of limitations. Utah has a four-year statute of limitations on most personal injury claims. But this period can be less than four years.
Suppose the responsible party is a government entity or its agent. Then, you must submit a Notice of Claim within a year after the collision. If you fail to file a notice of claim within a year, your lawsuit against the government is time-barred.
Driver’s Hours of Service
It’s critical to comprehend Utah law governing drivers’ working hours. By limiting the length of time spent behind the wheel, these rules aim to avoid both weariness and accidents.
The Federal Motor Carrier Safety Administration (FMCSA) enforces driver’s hours of service laws. These rules, intended to prevent fatigued driving, apply to all commercial motor vehicle operators (CMVs). These laws govern a range of facets of the trucking business, including:
- Transporting hazardous materials properly
- Vehicle inspection standards
- Motor carrier record-keeping and retention laws, particularly those relating to:
- Vehicle inspections;
- Cargo/load manifests; and
- Records of driver employment and driving records
The laws limit how long a driver can be behind the wheel and require rest breaks after a specific time. Furthermore, the rules forbid unsafe driving at particular times of day when weariness is most prone to occur. Here are the rules regarding hours of service in Utah:
- After spending 14 hours on duty, one must take ten (10) consecutive hours off before coming back on duty.
- Following at least a 10-hour break from work, truckers should not operate a vehicle for more than 11 hours.
- A driver cannot drive beyond the 14th hour of coming on duty if they have not taken at least eight (8) consecutive hours off duty.
- After driving for eight hours straight, truckers must take a rest of at least 30 minutes.
- The maximum amount of service hours in a week is 60.
- In eight days, the maximum number of hours is 70.
- Following a stretch of at least 34 hours without working, the seven or eight-day periods are reset.
If the driver who caused your accident broke the rules regarding hours of service, this can be proof to back up your financial compensation. Hence, the driver is automatically held accountable.
Inspection, Repair, and Maintenance of the Truck
FMCSA standards govern commercial vehicle maintenance, repair, and inspection. Truck drivers are obliged to preserve vehicle inspection reports, and Federal laws forbid operating cars that are likely to result in an accident or a breakdown.
Large trucks that fail inspections may be ordered off the road, and they can return once the maintenance can do the required repairs and reinspect the truck.
Minimum Levels of Financial Responsibility
Driver error is to blame for the majority of truck collisions. However, there are some instances where a mechanical malfunction was the reason. Knowing the minimum levels of financial liability is crucial in either scenario.
The FMCSA mandates all trucking companies to maintain insurance. This cargo insurance should cover losses of up to $750,000.
In addition, trucking firms must carry liability insurance from an insurance company. This insurance covers accidents brought on by the truck driver’s carelessness. A trucking company must hold a minimum of $5 million in liability insurance.
Controlled Substance and Alcohol Use and Testing
The FMCSA recommends that most businesses conduct a drug test on their employee, especially if they are involved in an accident. Drug tests may be crucial for the plaintiff in a personal injury case if they are suspected of addiction.
Our Provo truck accident attorneys can estimate the extent of the damages. When reports state a history of substance misuse, the consequences are severe.
Most Frequent Causes of Truck Accidents in Utah
Following are a few typical reasons for semi-truck and commercial truck collisions:
- Driver Error: Operator mistakes may result from negligence, exhaustion, or a lack of legal understanding. Examples of driving errors are:
- Poor lane changes;
- Disobeying traffic signs; and
- Failing to consider the weight of the commercial truck.
- Failed Brakes: In a commercial truck, the condition of the brakes is critical. A driver may become uncontrollable due to malfunctioning brakes, which could lead to a crash.
- Speed: Operating a commercial vehicle at high speed is particularly risky. It is challenging for the driver to maintain control of their truck when traveling at excessively high acceleration.
- Failed tires: Regular inspections and adequate tire inflation are both essential components of truck maintenance, which are critical for safe driving. Accidents could happen as a result of bad tires.
- Drunk Driving: A commercial driver should never operate a vehicle while intoxicated. Semi-truck accidents and commercial truck collisions frequently result from drunk driving.
Liable Parties in a Truck Accident Case
There are multiple parties liable in a truck or car accident case. Hence, it is crucial to investigate all possible defendants. Our lawyers will hold them accountable, along with other negligent parties.
The Truck Driver or Operator
The truck driver is usually the first defendant in a truck accident case. The truck driver may have been speeding, tired, or distracted during the accident. The trucking company could be held liable too if it did not properly maintain the truck or failed to train the driver correctly.
The Truck Owner
Trucks may occasionally belong to private persons rather than a business. The individual truck owner is in charge of
- Scheduling maintenance;
- Make sure all parts are in working order; and
- Getting the vehicle repaired.
The owner may be accountable if improper maintenance results in a trucking accident due to their carelessness.
The Driver’s Employer
The driver’s employer could also be held accountable. If the company did not properly maintain the truck, it could lead to a trucking accident. In addition, if they failed to conduct adequate background checks on the driver.
A Third-party Involvement
Reports could show that a flaw in the vehicle caused the trucking accident. The truck manufacturer or some of its components may also be held accountable.
The carriers that transport goods for other businesses can be liable too. The cargo originator, shipper, loader, and carrier are under this arrangement. They are independent contractors.
They could be included in the at-fault parties if a cargo shift has resulted in a truck accident.
Establishing Liability Is a Matter of Evidence Preservation and Presentation
The evidence’s strength affects the chances of a favorable outcome. Hence, working with an experienced truck accident lawyer in Provo would be helpful. You can find the advantage you need to maximize your compensation.
A lawyer might ask to preserve all evidence connected to the collision. They can do this by submitting a letter known as a spoliation letter. Then, the trucking firm couldn’t remove the evidence.
Furthermore, this evidence could help prove if a wrongful death occurred. Nevertheless, it is a crucial key in holding the negligent party liable.
REPORTS OF ACCIDENTS
There is an official report from the investigating police officer who arrives at the site of the collision. A qualified truck inspector may also come to assess the large vehicle before being towed away. Both reports’ contents can be evidence in a commercial truck accident lawsuit.
EVIDENCE FROM THE SCENE
If possible, those hurt and sustained injuries in a truck accident should snap pictures of the situation. It should include various perspectives of the road, skid marks, and all the vehicles involved.
Obtaining any witnesses’ names and contact details is also helpful. Their testimony can support the truck accident victims’ account of what happened.
COMPUTER LOGS
Federal law requires truck drivers to adhere to specific rules. Big rigs are fitted with Electronic Logging Devices (ELDs) to keep track of their working hours. This log can offer proof for an accident claim if a truck crash happens due to a violation.
ALCOHOL AND DRUGS TESTING
Federal requirements frequently call for the truck driver to submit a drug and alcohol test. Primarily when major injuries occur in a collision. The test’s findings might be helpful evidence if the use of any substance contributed to the truck crash.
Why Should You Hire a Personal Injury Lawyer in Such a Situation?
In-depth Case Investigation
Identifying the at-fault party is not always simple. More than one person is frequently accountable. To establish fault, the investigation of the facts may take some time.
It is common for parties to disagree as to who is to blame for an accident. The result of your lawsuit will ultimately depend on the facts and how persuasively your lawyer presents those facts.
Build a Solid Personal Injury Claim
After an accident, it’s critical to gather the necessary evidence to make a strong case. Our legal team asks all investigating agencies to provide their complete reports. In addition, we look for and ask for any visual or photographic proof.
Videos from dashcams and body cameras may exist. There might be security camera footage on a nearby building or neighborhood. Video and photographic evidence may be available from witnesses.
Rarely may someone have uploaded a video of your accident to YouTube. Even now, some individuals mount cameras on their vehicles. Then, they market the images and videos of collisions they record. All this evidence can contribute to putting together a solid case.
Establish Accident Liability
When it comes to liability in a truck accident lawsuit, there are a few different things you need to consider. First, it is essential to determine who was at fault for the accident. You can do this by looking at the
- Police reports;
- Eyewitness accounts; and
- Any other available evidence.
If you can determine liability, the next step is to determine how much damage the accident caused and who is responsible for paying for it. In some truck accident cases, the trucking company may be liable for the accident. But, in other cases, truck drivers may be held responsible.
Maximize Recoverable Damages
The law office of Parker & McConkie experienced resolving many truck accident disputes. Our lawyers are skillful and excellent in methodical negotiation techniques.
We can help maximize the value of your case thanks to our knowledge and expertise. We know the necessary levers to pull and buttons to press to persuade the opposing party and insurance company. Therefore, we could fairly assess your case and offer you reasonable compensation.
If you were in a truck accident, it is crucial to talk to a truck accident lawyer. They can assist you in learning more about your rights and what you can do to protect yourself.
Our Guarantee at Parker + McConkie
Keep in mind that no two instances are the same. Hence, we urge you to call us and arrange your free consultation immediately. We want to respond to your unique claim as quickly as we can. We know your inquiries, and our law firm in Utah offers the solutions. We are prepared to:
- Take you step-by-step through the procedure for getting significant compensation for your losses;
- Recover damages such as medical bills, broken bones, lost wages, etc.;
- Handle insurance company issues and obtain necessary insurance information
- Explain your legal choices; and
- Recommend a plan of action.
The personal injury lawyers at Parker and McConkie have over 40 years of collective practice experience in Utah. We have handled numerous truck accident cases and even recovered punitive damages.
Our law firm vows to do what we believe is best for you and your case. We guarantee our attorneys are knowledgeable about the steps necessary to secure a successful result. Get yourself the best legal representation immediately.
Arrange a Free Consultation With Our Team of Provo Truck Accident Lawyers
At Parker and McConkie, you are more than simply a case number to us. Our truck accident lawyers work hard to prioritize our client’s needs. We guarantee that each case obtains the time and individual care it requires. With our law firm, you can be confident of receiving fair compensation for your truck accident-related damages.
Every case relates to actual people who have real struggles and feelings. If someone else’s negligence caused you to get injuries in an accident, please do not hesitate to contact a Provo Truck Accident Lawyer immediately.
Call us today at (801) 876-4107 for a free consultation or a free consultation. Find out your legal options with us today.
