Truck accidents are almost always catastrophic due to the nature and size of the vehicle involved and with this comes far-reaching consequences for both the victim, their families and sometimes even the community. An individual involved in a truck accident may have to contend with never-ending medical bills, emotional distress, PTSD, depression, lost wages and even long-term or permanent disability.

Having a good grasp and understanding of tort law therefore is necessary to effectively manage these legal claims in order to lock in on justice and compensation. Put simply, tort law oversees the legal circumstances under which entities or individuals may be held responsible for injuries caused to others, as well as the aspect of negligence. 

When it comes to personal injury law, negligence is the foundation for all truck accidents claims, and it requires that you, through your legal team, show that the defendant failed to meet a certain standard of care, which then caused the accident and resulted in your sustaining injuries.

Strict liability is also a legal concept under tort law, and while not as common, holds parties accountable regardless of whether or not they were at fault and is mostly seen in accidents involving hazardous materials or defective vehicles. Intentional torts, while rarer than the previous two, comes into play when there are instances of actions such as aggressive driving or road rage.

All in all, truck accidents are nuanced, underscoring the need for timely legal representation so you’re able to unpack these complicated concepts to understand your options for compensation, something we’d be honored to help facilitate during this difficult time in your life. 

Are you looking for the best truck injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced truck accident injury attorneys at McCready Law bring to the table over 90 YEARS of stellar legal experience where we’ve represented injured Americans countrywide and recovered over $260 million in compensation for victims of negligence perpetrated by other individuals or corporate entities.

McCready Law best injury lawyers are attentive, accessible and always keep clients updated on the progress of their claims. We have a vast network of legal experts, investigators, physicians and community organization you can have access to in order to help not only bolster your claim should it go into litigation, but resources that can help rebuild your life. We are not afraid to litigate valid claims, particularly if the client sustained catastrophic injuries as many times, taking a case to court is the only way to receive fair and maximum compensation for our clients. 

By contrast, most law firms simply engage the insurance company in negotiation talks, settling for a paltry offer which often leaves the truck accident injury victim financially in the red. In addition to having a vast network of reliable and exceptional referral attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered sufficient compensation on your behalf.

If you suffered injuries due to negligence in an accident caused by a truck driver, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by. 

Understanding Tort Law and its Impact on Truck Accident Cases 

Tort law simply deals with civil wrongs, and attempts to compensate individuals for injuries or damages they sustained due to the negligence or actions of others. The goal of tort law is to provide some form of relief to the injured party, enhance societal justice, as well as prevent future wrongful conduct by upholding the law. 

Tort law is comprised of the following:

Negligence 

Negligence refers to the act of failing to meet a certain standard of care towards a wronged party, leading them to suffer injuries in a direct manner. The basis for negligence is the requirement that the injured party identify parties who may have owed them a duty of care such as truck drivers, the trucking companies and even subcontractors, and then demonstrating that they breached this duty of care in ways such as distracted driving, driver fatigue and so on, and that this consequently led to damages such as pain and suffering, cost of medical treatment, lost wages and so on. 

Strict Liability

Strict liability on the other hand refers to circumstances which may lead to a responsible party being held accountable without the need to prove negligence. This is especially relevant in cases where the truck in question had a defect caused by manufacturer negligence, or trucks transporting hazardous materials such as metal pylons or corrosive acid whereby companies are held strictly liable even if they took safety precautions during the transportation of the same. 

Intentional Torts 

Intentional torts refer to legal actions that oversee injuries caused by rare situations such as the aggressive driving by a truck driver that may be perpetrated via road rage or tailgating, as well as assault or battery by the truck driver meted out to a pedestrian or another driver. 

Federal and Industry Standards in the Trucking Industry 

Truck drivers and their companies are required to adhere to certain standards of care as outlined via federal regulations overseen by the Federal Motor Carrier Safety Administration or FMCSA such as hours of service, driver qualifications and vehicle maintenance standards as well as trucking industry standards such as the need to carry out internal safety audits and placing drivers into training programs so they can be updated on safe driving practices. 

Best Truck Accident Injury Lawyers – Call Us NOW! 

From this post, it is clear that there are victim-centric laws which oversee the welfare of those who suffered injuries due to negligence with regard to truck driving accidents. To this end, it is vital that you contact us at (314) 481-63338 so we can commence on the analysis of your case in order to determine the exact scope of negligence as well as the damages you may seek for the purposes of making you whole. Remember, the legal consultation into your truck accident injuries is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.