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I Was in the Middle of a Truck Accident. What Are My Rights?

Imagine yourself driving on an interstate highway when, suddenly, a truck ahead of you swerves and hits a guard rail. The truck turns over on its side and spills the raw materials it had been hauling all over the highway. You and another car have no time to respond and collide with the truck and its contents. Your SUV comes to a stop rolled over on to its roof while another vehicle comes to a stop with severe damage. An ambulance arrives and takes you to the hospital with significant injuries. The police also arrive at the scene, and upon detecting the spill, bring in a Hazmat unit to tend to a fuel spill emanating from the truck. The next day you wake up in a hospital bed not remembering every detail of the accident. What do you do?

Depending on the underlying facts of the accident and the parties, accident claims involving trucks can be complex and difficult. Given that a commercial truck was involved in the accident, it is probably regulated by the federal government and covered by insurance. Another factor that will be considered is that court accident cases is usually influenced by the Federal Motor Vehicle Safety Regulations (FMVSR) on evidence of negligence. The FMVSR usually requires motor carriers to have a substantial amount of insurance coverage in the case of truck accidents. If it is determined that the accident was the fault of the truck driver and/or his employer, the amount of insurance coverage will become important to the issue of compensation to all of the accident victims.

If you have been hurt as the result of a negligent truck driver, it is critically important that you seek out professional assistance with the investigation of your claim and the legal representation of your interests. First you will need an investigator to ascertain all of the facts surrounding the incident as soon as possible. This will involve the gathering and preservation of evidence that could be key in preparing your claim. Evidence to support the claim will include information about the accident scene, the parties, the extent of property damage, the nature of the injuries, required medical treatment and resulting expenses. A professional legal representative will be able to advise you of the law that governs negligence claims in the area of truck accident litigation.

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