4 Challenges That May Arise in a Montana Truck Accident Case
Motor vehicle accidents claim tens of thousands of lives in the U.S. annually, and large commercial trucks are involved in a significant portion of these crashes. In 2020, just under 5,000 people lost their lives in accidents involving large trucks. Fatal truck accidents are only becoming more and more common, as this is a 31% increase in lives lost to trucking crashes since 2011.
Although nothing can bring back a lost loved one or reverse the pain you have suffered from a truck accident injury, the good news is the state of Montana allows victims of truck accidents and families of loved ones who were killed in truck accidents to pursue compensation for their damages. Unfortunately, these types of cases can come with unique challenges.
4 Legal Challenges Unique to Montana Truck Accident Injury and Wrongful Death Cases
Injured victims and surviving family members of truck accidents caused by negligence might have a right to seek financial compensation for their losses in Montana but recovering a fair settlement is far from easy. Personal injury claims against corporate trucking industry giants often require navigating factors such as:
Higher Likeliness of Catastrophic Injuries
The colossal size and weight of large commercial trucks equate to a greater propensity for harm when involved in a crash. Passenger vehicle occupants involved in truck accidents commonly suffer extensive injuries, such as spinal cord injuries, traumatic brain injuries (TBIs), widespread burns, and multiple broken bones.
Victims who suffer severe and catastrophic injuries often must undergo numerous surgeries and other medical treatments. This level of medical care can lead to upwards of hundreds of thousands of dollars in medical bills and other damages. Recovering compensation for these high-value cases necessitates the help of an experienced truck accident attorney who understands what it takes to achieve a fair settlement in these cases and is willing to take the challenge head-on.
Multiple Liable Parties
In most car accident injury claims, two parties are involved: the other driver’s insurance company and your own insurance company. Unfortunately, things are not so simple in many truck accident injury claims. Often, multiple parties could be held responsible for the accident and pinpointing these parties can be a complex process.
The parties that may be responsible for a Montana truck crash include:
● The driver of the truck
● The driver’s employer
● The truck’s manufacturer
● The truck’s mechanic
● The cargo loading subcontractor
● Another driver involved in the accident
Compromised Evidence
Trucking log books and electronic data recorders (EDRs) are intended to help determine the cause of a crash, but these devices can be falsified or reset to hide any wrongdoings. Experienced truck accident lawyers can recognize if there are any inconsistencies with the evidence and work to uncover the truth about the events leading up to the crash.
Federal Trucking Safety Regulations
Commercial trucking companies and their employees must comply with extensive federal safety guidelines regarding large trucks regarding:
● Hours of service (HOS) regulations
● Cease of operation when driver alertness is impaired
● Assurance that all payloads are adequately secured
● Practicing tremendous caution in adverse conditions
● Abiding by all traffic rules and posted speed limits
● Mandatory drug and alcohol testing
● Routine truck maintenance
● Truck length and weight limitations
● Driver pre-hiring screenings
Take On a Negligent Trucking Company with a Skilled Montana Truck Accident Attorney
If you or someone you love has suffered an injury or was killed in a motor vehicle collision that involved a large commercial tractor-trailer or 18-wheeler, the outcome of your case will largely depend on the experience of your attorney. Partner with a Montana truck accident lawyer who has experience representing injured clients and their families in truck accident claims.
Morrison, Sherwood, Wilson, and Deola truck accident attorneys have extensive experience protecting the rights of Montanans injured in truck crashes. At our firm, we understand the unique challenges your claim is likely to face, and we have a vast arsenal of resources to combat these potential issues, should they arise. Call (406) 442-3261 or submit a completed contact form to learn more about how we can help defend your truck accident claim.