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How soon should a truck accident injury or death case be pursued?

Each state has a different law regarding big rig accidents and/or wrongful deaths. In some states a truck accident case must be brought within two years of date of decedent's death, if death occurred on or after January 1, 2004; and one year from date of decedent's death if death occurred before January 1, 2004.

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How important is an investigation in a truck accident case?

Extremely important; if truck is commercially owned, large trucking companies will perform their own investigation immediately after accident. Unfortunately, this puts you at a big disadvantage. To counteract, retain an attorney who immediately investigates case to pin down liability for potential at-fault defendants.

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Are expert witnesses necessary to prove fault in a truck accident case?

Usually, unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should retain an expert with expertise in design, manufacturing, and operation of trucks and rules of trucking industry.

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Can a truck driver operate his vehicle 24/7?

No. Since 1939, Federal law has placed restrictions on hours of service that a trucker may operate his truck. Recent changes have been made to these rules for first time in over 60 years. The new rules are designed to reduce effect of cumulative fatigue and prevent many of accidents and fatalities to which fatigue is a contributing factor for big rig drivers.

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I can’t afford a truck accident lawyer. What can I do?

Many truck accident law attorneys represent clients on a contingency fee basis. Under this arrangement, there is no fee, unless and until there is a recovery. If nothing is recovered -- than no fees are collected.

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Truck rollovers

Big rigs roll easily. If a truck goes around a curve too fast, it will roll over. Trucks can go over in a curve even without going too fast if their rear tires strike something (like curb) while cornering. Trucks can still roll over at 5 mph especially if backing up while being jackknifed. Some rollovers happen when drivers try to return to road after putting a tire off pavement. They can rut in soft ground or catch a pavement separation and roll over.

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Truck Jackknifing

The rig jackknifes when drive axle brakes lock up. Steering axle brakes provide 12 percent of total braking of a loaded vehicle. Trucks jackknife sooner or later regardless of what steering axle does even if steering wheels are pointed straight ahead. Road crown or left/right imbalances will cause jackknifing if truck slides long enough. Jackknifing will most likely cause a rollover.

Once brakes are locked, directional control at axle becomes lost. Sooner or later a sideways pull develops that affects directional stability of vehicle which may cause a rollover.

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Never attempt to negotiate on your own behalf with a trucking company after a truck accident. Most trucking companies are highly skilled at truck accident investigation and claims practice. These adjusters represent truck company -- not you. Never make any statements or sign any releases for medical records or employment records. Often medical release allows adjuster to talk to doctors without you or anyone being present.

Truck companies have accident investigators that are on call and dispatched to scene of crash as soon as trucking company learns about an accident. While families of accident victims are tending to medical and hospital care and funeral arraignments, trucking company is busy investigating accident and gearing up their defense. This is why victims of large truck accidents need a knowledgeable team of truck accident attorneys and investigators on their side…fighting for their rights.