The residents, visitors, and businesses of Palmdale rely on thousands of products every day simply as a matter of living life, and few people ever think about how those products arrive on store shelves and area warehouses. Further, the city encourages international trade by offering a foreign trade zone which allows traders, exporters, and importers to take advantage of certain customs privileges on their products. All of these issues not only improve the economy of the region, but result in a higher amount of truck traffic on roadways including SR 14, the Sierra Highway, Highway 138, and Palmdale Boulevard.
While the area is reliant on these commercial trucks, the massive vehicles are hard to maneuver and often cause accidents in which other roadway users are injured or killed. If you have been injured in an accident involving a commercial truck, having a Palmdale truck accident lawyer from Kash Legal available to assist you with your claim is a vital part of receiving the compensation you need for the expenses and impacts of your personal injury.
The commercial trucking industry is one of the most regulated industries in the U.S. and is overseen by the Federal Motor Carrier Safety Administration (FMCSA). This agency is tasked with creating trucking regulations and ensuring that companies and drivers adhere to them. Some of these regulations involve:
Each of the FMCSA regulations require the driver and/or company to retain certain documentation to prove that they are compliant.
Because the FMCSA regulations require trucking companies and owner operators to retain certain types of information, when it comes time for a personal injury attorney to help their claimant file a claim against an at-fault driver’s liability insurance policy, there are a number of different types of evidence that must be considered. Some of the evidence that must be obtained and studied include:
Many of these types of evidence are prone to being lost or overwritten as time passes, so your Palmdale truck accident attorney will be focused on obtaining the evidence as soon as possible to ensure that it is available to be used as evidence to prove your claim.
In addition to procuring the evidence needed to prove your claim, your attorney can provide a number of other services, as well as a deep understanding of the legal process needed to have a successful outcome to your claim. Determining liability and insurance resources is one of the important early actions your attorney will take. Some drivers are owner/operators who independently contract with logistics companies to provide transportation services while other drivers are employed by trucking companies. Generally, if a trucking company is involved, they will be considered the source of liability, as they are tasked with ensuring that the truck is properly insured and the driver is qualified to operate it.
Your attorney can also help to establish a value to your claim. One of the most important factors in your claim’s value is the amount of insurance held by the at-fault party that is available to provide compensation. Additional considerations when establishing a value to your claim include the severity of your injury, the actual out-of-pocket expenses you have incurred, and the presence of permanent injuries that will cause you to incur additional expenses and impact your earning capacity in the future.
Settlements are the most common outcome of personal injury claims, and your attorney will work to obtain a settlement offer that fairly compensates you for the expenses and impacts you experienced due to the accident. However, if a fair settlement is not forthcoming, your Palmdale truck accident lawyer can file your claim as a personal injury lawsuit and you can ask the court to determine the amount of compensation owed to you.
Weighing up to 80,000 pounds and possessing a physical footprint several times larger than other vehicles on the roadway makes commercial trucks a major hazard for other drivers. While the FMCSA has attempted to mitigate that hazard by putting forth federal trucking regulations, many drivers and trucking companies are lax about these requirements. A personal injury claim not only seeks to provide the compensation you need after an accident, but also to hold those who refuse to take the federal requirements seriously accountable for their negligence.
At Kash Legal, we have your best interest in mind and will fight tirelessly for your right to compensation. Have one of our experienced Palmdale truck accident lawyers evaluate your case for free. Contact us online or by calling (888) 527-4128.
We will be in touch within 24 hours.
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