You have probably heard of interstate commerce. But what about intrastate commerce? Truck accidents affect thousands of people each year. In 2020 alone, over 4,000 people were killed in intrastate commerce accidents.
These accidents can have long-term consequences for those involved, ranging from severe injuries to property damage. Also highly complicated, involving numerous parties and insurance companies.
That is why it is critical to have a reliable legal attorney on your side. Hiring a truck accident lawyer can make all the difference in receiving the compensation you deserve.
This article will explain the various stages of dealing with the aftermath of a truck accident. After reading this blog, you’ll have an increased understanding of the roles that truck accident attorneys play, the advantages of having one, and what common pitfalls to avoid.
The Role of a Truck Accident Lawyer In Intrastate Commerce Accidents
It can be hard to imagine a truck weighing more than 26,000 pounds wrecking your property or hurting you or your loved ones. But these incidents happen more than you think. And, there are some common ways that heavy trucks used in farming or other specialty services, like oil fields, get preferential treatment. For example, “farmers” get to avoid some Interstate Motor Carrier regulations as long as they do not travel more than 150 air miles from home, or otherwise work “for hire.”
Rising Statistics Related to Intrastate Commerce Accidents
In South Dakota, the number of large truck accidents rises each year. In 2020, a report showed that 22 percent of all fatal crashes, 16 percent of all injury-causing crashes, and 24 percent of all property damage-only crashes involving heavy trucks included a single vehicle (bicycle, non-motorized vehicle, etc.).
There are many reasons why intrastate commerce accidents happen. Truck drivers’ errors and negligences, such as speeding, failure to properly maintain and inspect equipment, driving while fatigued, and overloading trucks and trailers are some factors that arise. Moreover, the failure of companies to comply with maintenance requirements can also be a factor.
How A Truck Accident Lawyer Can Help You
When you are involved in a crash with a carrier truck, the driver and the commercial insurance company will have a risk management team to back them, even if the trucks only operate intrastate. This team will work to fulfill their aims once they arrive at an accident scene, which include proving that the company is not at fault and showing that your injuries are not as serious as you claim.
You may find it difficult to tackle the complexities of truck accident situations on your own, but truck accident attorneys are well-equipped to take your side and advocate for your rights. Because of their familiarity with the laws and regulations concerning the transportation sector, they can represent victims of accidents and other types of harm.
They will evaluate the issue extensively working to collect and preserve evidence, find and maximize available insurance coverage, and see that you are as fully compensated for your injuries as possible.
To accomplish this, it may be necessary to conduct a comprehensive investigation of the matter, which might involve reading relevant police records, interviewing witnesses, downloading cellular and other electronic devices and collecting roadway evidence.
Key Factors to Consider When Hiring a Truck Accident Lawyer For Intrastate Commerce Accidents
Of course, you have to find a lawyer with a good track record in handling truck accident cases, as this experience provides them with the knowledge and skills required to manage the complexities of these cases.
Communication skills are also essential. You want an attorney who is easy to communicate with, clearly explains the legal process, and keeps you updated throughout your case.
It is critical to find a lawyer familiar with the specific laws and regulations governing truck accidents. The trucking industry, both interstate and intrastate related rules and regulations, and understanding these regulations is crucial to developing a solid case.
Benefits of Hiring a Truck Accident Lawyer For Intrastate Commerce Accidents
For both parties involved in an accident, having a truck accident lawyer by their side can help achieve and perform the following.
Fair Compensation
Large motor vehicle accidents can result in severe injuries and damage. Broken bones, brain trauma, and paralysis are extreme examples of what can happen to you. Indeed, an accident’s consequences not only affect your physical abilities but the emotional states of your loved ones. Your financial situation can also take a hit due to expensive medical bills and potentially lost wages.
A competent truck accident lawyer will ensure you are not intimidated by these big corporations into accepting any settlement they offer. There can also be instances where your chosen insurance companies act in bad faith. Your attorney will commit to examining the legal concerns, locating potential liability, and demanding proper compensation based on the extent of your injuries.
Avoid Common Mistakes
While you’re still coming to terms with an accident, there is a significant chance that these well-established companies already have teams on the ground working to weaken your case against their clients. Often, adjusters are on scene before the emergency services have even left, and many large carriers have attorneys on-scene within 24 hours.
Unfortunately, many truck accident victims are easily tricked into committing critical mistakes that can change the course of their legal cases. Big commercial trucking companies often take advantage of these missteps.
One of the main advantages of having a truck accident lawyer is that you will avoid making costly mistakes, especially when you’re still in shock from the accident. Your lawyer can help you make careful decisions despite the situation.
Reduce Stress
A commercial truck accident can have terrible and life-altering effects. If you choose to go through it alone, you will may become burned out from the intricacies of dealing with the case. These corporations have endless resources.
There is a likelihood that you will accept an undervalued settlement as a result of the mounting physical, mental, and financial stress. Truck accident attorneys can take care of the legal issues and lighten your load. Your lawyer will help you figure out what to do so that you can get the best result for your case.
Common Mistakes to Avoid After an Intrastate Commerce Accident
First, let’s discuss the mistakes victims typically make after a collision with a carrier truck.
Admitting Fault
As a result of their shock, injuries and the unpleasant environment, victims sometimes admit fault and apologize to the affected parties despite having done nothing wrong. The situation is indeed stressful, but it is crucial to avoid admitting mistakes that you did not make so companies cannot use this against you.
Providing Recorded Statements and Medical Releases To The Insurance Company
Another misstep that is sometimes made is making a recorded statement for your insurance company. Often, things are not as though they seem. Until data can be collected and analyzed from the scene, the various mobile and other electronic devices present, and you can get your wits about you, you shouldn’t do this. Meanwhile, the insurance industry has created a stereotype of an ambulance chasing lawyer. In our experience, it is the insurance companies that show up at hospital rooms to get people to sign things that they do not understand.
Settling too Quickly
Victims might accept settlements nearly immediately. Insurance companies will try to persuade you to settle as soon as possible. If you do, you risk losing the compensation you need if you sustain more serious injuries. You typically only get one chance to get full compensation for your injuries. If you resolve your claim before you fully understand how you’ve been impacted, you can do yourself a disservice.
On the other hand, the following are examples of a handful of things victims choose not to do after a truck accident.
Refusing to Receive Medical Care
Often, victims choose not to seek medical assistance because they “feel well” or are “just sore.” Although it could be true that you didn’t endure any severe injuries, seeking direct medical attention is still the best choice because some injuries are not immediately apparent. Meanwhile, significant injuries, like brain injuries by their very nature can avoid detection in the aftermath of an adrenaline filled crash.
Not Contacting the Police
Failure to call the police right away is another issue. It’s critical to have the police around after the accident so they can get you and the other parties involved to safety and avoid additional injuries. They are also responsible for taking pictures of the accident site, interviewing witnesses, and writing a formal police report. Typically, if the injuries are significant enough, the Department of Transportation will do a post-crash investigation and inspection of the trucks and other vehicles involved that goes far beyond the basic police report in everyday auto crashes. If you need to file a claim for damages or a lawsuit, this report can be used as evidence.
Not Maintaining Evidence
Although it can be challenging because of your state at the time of the accident, in the interest of protecting yourself, you should preserve your own evidence. Sometimes this is as simple as taking your own cell phone out of service. Sure, you might not have been on the phone at the time of the crash, but proving as much might require the use of the actual device, not some basic Verizon cell records. Likewise, your own motor vehicle can have critical evidence in the Engine Control Module “ECM” the seatbelt or restraint control module, or even in the infotainment system in the dash. Unfortunately, after crashes, it can be assumed you were using a device even when you were not. Being able to prove as much is useful.
Choosing Not to Seek Legal Assistance
Finally, one of victims’ most significant errors is failing to hire a truck accident lawyer to just “see what happens.” To protect your rights, it is advisable to seek professional legal counsel as early as you practically can. If you wait, it may be too late.
To act deliberately and build a strong case, it is best if you learn to consider these common mistakes.
Protect Your Rights On Intrastate Commerce Accidents
We’ve covered the many facets of large truck accidents.
Truck accident attorneys play a significant role in analyzing intrastate commerce accidents, finding potential liability, and getting the maximum compensation you deserve for your injuries and damages. Having a lawyer relieves the load of your responsibilities. You will not become burned out, and you’ll have the time to focus on making strategic decisions and achieving the best result for your physical and life situation.
We’ve also established the main factors you must consider when hiring a truck accident lawyer. These include their communication skills, experience, and track record regarding truck accidents. That they possess the knowledge required to navigate the nuances of these cases is a must.
If you or someone you know has been involved in an intrastate commerce accident, you should strongly consider hiring a truck accident attorney that’s committed to helping you move toward recovery.
Take the first step and request a free consultation with our competent truck accident attorneys in South Dakota.