Trucking Accident Law – 18 Wheeler Crash Attorneys

Regrettably, something we have seen recently, which is very troubling, are cases where fly-by-night trucking companies which have failed to register with either state or federal authorities operate nonetheless with minimum insurance coverage insufficient to protect the rights of the innocent motoring public. The state and federal regulatory scheme is such that all commercial motor carriers for hire are required to register with state and federal authorities. The reasons for this are obvious. By registering with the state, the state can make sure that all commercial motor carriers are financially responsible should they cause damage to the public. Also, by registering with the state, the state can collect taxes and other fees and also regulate the safety of the motor carrier’s operations. The same is true on a federal level. truck accident lawyers

The problem emerges, however, when the commercial motor carrier fails to register at all. In this context, in order to get business, such a carrier typically will still have to have an insurance certificate from an insurance company certifying to their client/customer that they have insurance coverage. The problem is such insurance coverage is typically inadequate to protect the needs of the public and also creates legal problems in the event of a subsequent claim. More information on this site @ https://www.carabinshaw.com/truck-accident-attorney-in-midland.html
If a motor carrier fails to register with either the state or federal government, then typically the insurance company also fails to file required certificates of coverage also required by such authorities. On a state level, motor carriers are required to file a Uniform Bodily Injury Certificate of Insurance (usually in the form of a Form E filing) which indicates that the insurance company for the commercial motor carrier has issued a liability insurance policy to the motor carrier. Unless a Form E is filed, however, in many states, there is no automatic liability of the insurance carrier for the negligent acts of the commercial motor carrier. Thus, we have the anomalous situation where those who comply with the law, that is those who register with the state and file certificates of insurance are in a position to protect the public whereas those who disobey the law are benefitted thereby because the insurance companies can then claim that having filed no Form E with the state, they have no liability to the public. This unjust result obviously needs to be addressed by legislatures nationwide and yet the problem continues to exist.

Not only is this a problem on a state level, this is also a problem on the federal level. Commercial motor carriers for hire who operate in interstate commerce are required to file with the Federal Motor Carrier Safety Administration a Form MCS-90 which again certifies that they have adequate insurance coverage to protect the public in the event of a accident involving personal injuries. For those carriers that fail to register with the federal government but nonetheless operate in interstate commerce, the same problem emerges. The insurance company does not file the MCS-90 because they have not been requested to do so. The insurance company nonetheless has information to believe that the insured for which it has provided coverage is operating commercially in interstate commerce. Nonetheless, by virtue of not filing a MCS-90 form with the federal government, the insurance company can make the argument that it has no duty to the public in the event of a subsequent claim for personal injuries. Again, those who violate the law benefit from their violation whereas those who comply with the law are required to provide insurance coverage for the public in the event of a motor vehicle accident. Again, this anomalous result which still exists today, needs to be addressed by Congress. Click on this link @ https://truckaccidentattorneysa.com/victoria-truck-accident-lawyers/
It has been our unfortunate experience that when fly-by-night carriers cause great damage to our clients, regrettably, collecting under their insurance policies has proven to be exceedingly difficult. While we will continue to do everything we can to represent our innocent clients most of the legal problems encountered in such cases could be easily addressed by state and federal authorities. We can only hope that this loophole in the law will be corrected before other innocent people needless suffer from the acts of fly-by-night motor carriers operating in intrastate and interstate commerce.

Personal Injury Law – Accident Attorneys

Personal Injury Law – Accident Attorneys

In a perfect world, a person who is responsible for causing injury to another person would “make it right” and properly compensate them for their injury. Unfortunately, we live in a world that is far from perfect, and not everyone is willing to take responsibility for their actions. In addition, insurance companies make a significant percent of their net profit by under compensating victims of personal injury. Consequently, if you have been injured, you need to consult a personal injury lawyer .personal injury law

A personal injury lawyer will understandably tell you what rights you have under the law , but time is a key element in personal injury law and you dare not hesitate! No matter how good the case might be it still has time limits connected with it and the even simplest cases need to be meticulously documented from the very beginning.

Personal Injury Attorney Selection Process

Following personal injury the first, and perhaps the most important thing you need to do is select the best and most appropriate personal injury attorney for your case. This requires legwork and research that goes beyond calling that 800 number you see on TV or the largest and most compelling ad in the Yellow Pages. Those ads might say more about that attorney’s marketing and promotional abilities than about their legal knowledge, experience and achievement.

Word of Mouth Referral is the Best Way to Find a Personal Injury Lawyer

Word of mouth referral is perhaps one of the best ways to find a good personal injury attorney. If you have had cause to use an attorney in the past for any grounds, give them a call and talk with them. Even if they don’t specialize in personal injury cases, chances are very good they will be able to provide you with the name of someone whose work they are familiar with and have respect for. Talk with friends and family members who have worked with attorneys and contact those lawyers as well. You might find that one particular name is mentioned several times, and that might be one of the names worth pursuing.

As you gather names check on their records through associations such as the Better Business Bureau. Go online and seek out Websites where former clients review attorneys, and see what themes or issues seem to be prevalent.injury Law

Narrowing the Personal Injury Attorney List

Once you have narrowed the list to the most prominent names and law firms, give each one a call and explore the possibility of meeting with them. Many will give you a first meeting free of charge, others might ask for a consulting fee. Whether you select to pay that fee or not is up to you , but meet with several attorneys to get a feel for the strength of your case, each one’s background in handling cases of your type, an idea of how they would proceed and how long it would take. Feel free to ask about cost and how payment would be structured.

In most cases the effort you put forth in locating and retaining the best attorney available for your case, is directly proportional to the outcome of the case .

In selecting a personal injury attorney there is no substitute for thorough research and straight forward, but important, questions! More on this website

Auto Accidents are Extremely Common

auto-accidents-and-personal-injury

Auto accidents are extremely common. There are approximately 4 million automobile-related injuries annually. Even the best of drivers can find themselves in an auto accident, and severe injury may be possible. For example, injuries may occur to the head, brain, neck, or spinal cord, and may result in whiplash or death. car accident attorneys

If you get in an accident it is important to not leave the scene. To leave the scene of an accident without stopping may subject you to a criminal prosecution. Seek medical help for any injured people. Do not attempt to render first aid if not an expert, as there may be liability on your part if you made a condition worse. Call the police so they can file a report. It is also necessary to provide your name, address and the license number of the vehicle you are driving to the other party. Upon request, the drivers must exhibit their driver’s licenses. Do not make any statements to the other drivers or police regarding whose fault you believe the accident to be, even if you are sure it was your fault. In addition to gathering information on the parties involved in the accident, it is a good idea to gather any information (including contact information) from witnesses who saw the accident. Be sure to see a doctor following the accident to be evaluated and treated.

Law requires filing an accident report within ten days of the accident. You must report the accident to the Texas Department of Motor Vehicles if there was damage in excess of $1000.00 and/or someone was injured or killed. Failure to submit the report will result in a suspension of your driving license. State law also requires that all vehicles have liability insurance. Be sure to notify your insurance company about the accident and follow their directions. Bear in mind that the interests of the other party will be represented by their insurance company and/or lawyers and you should retain your own counsel. If you were in an accident and did not have insurance you license will be suspended for one year.

While law requires all motorists to have insurance, it is estimated that as many as 25% do not. Thus, it is a wise precaution to get uninsured motorist coverage on your own insurance plan in case you are involved in an accident with someone who is liable, but insolvent, and uninsured.

In addition to a negligence claim based upon a severe injury, car accidents may also involve wrongful death actions. They can also raise issues of defective products if there was a failure with a seatbelt, airbag, or tire, for instance. The government may also be liable if there was a poorly maintained roadway, a badly designed intersection, or a malfunctioning traffic signal system, for instance.

As for damages, if you are unable to work or sustain injuries you may be able to recover from your own insurance policy, or you may be able to obtain damages from the other party if they are liable. The idea of damages is to put you in the situation you would have been if there was no injury. The amount of money will depend on factors such as the extent and duration of injuries, pain and suffering, disability caused, and damage to property. While damage awards vary, one local woman received $150 million when her vehicle rolled over due to a design defect. Please visit this website for more information