Here are some of the questions our clients most commonly have, if you have any other questons than the ones
listed below, please do not hesitate to contact us.

How do I decide on the value to claim for a car or trucking accident?

When should an attorney be contacted?

Is it important to hire an attorney to file a car or truck accident injury claim?

What is the impact of drugs or alcohol being involved in the case?

Does federal government regulate trucking companies?

How long will it take for the case to be resolved?

When a car or truck accident occurs, what should be done and what should not be done?

What are the entities a lawsuit can be filed against in a car or truck accident?

What is the criterion for identifying who should be given the damages in the various US states?

Can I claim missed wages if I am injured in a car or truck accident due to the other driver’s fault?

 

 

 

A number of factors need to be considered while determining the value of a car or trucking accident. Some of these are wages lost while recovering from the injury, the duration for which you received medical treatment, the type of treatment you need, the pain, suffering and emotional trauma that you went through and the time you took to recover. It is, however, important to note that the value of settlement may get affected depending upon the laws in your state.

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The most ideal way to deal with a situation involving car or truck accident is to hire an attorney to solve the matter professionally. It is important to contact a lawyer who has expertise in handling such accidents. The lawyer can tell to you your rights and guide you through the legal processing of getting compensated. One of the most respected names in Montana law is Solomon Neuhardt.

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It is not mandatory to seek the services of a lawyer until the injury is serious. Also, in cases where it is not clear who was at fault, a lawyer is the best person to solve the case. Typically, working with a lawyer can help you get a higher compensation from the insurer after a car or truck accident. Moreover, if you are not at good terms with the insurance company, it makes sense to hire an attorney to take the matter before a judge and to have your claim paid.

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In most US states, driving a car or truck under the influence of drugs or alcohol is seen as pure negligence on the part of the subject driver. The issue here is whether the accident was caused due to drinking. In case the driver was hit while s/he was drinking, the question will be whether there was any negligence. The drunken driver’s damages would reduce if the accident was caused by the other driver. The reduction would be proportional to the former’s contribution to negligence. “Comparative negligence” or “comparative fault” laws have been enacted in many states. Under these laws, the damages that you cause to yourself will be taken into account to reduce your damages by that percentage.

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Yes, it does. Rules and regulations are established by the Federal Motor Carrier Safety Administration to regulate commercial trucks as well as the companies that operate these vehicles. The underlying objective is to promote safety on interstate highways by lowering the occurrence of accidents.

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Every victim is concerned about the payment of medical bills and getting one’s car or truck fixed. You may feel pressured to take the settlement offered by the insurance company when the bills are already on the table. However, you should hold yourself back, since you will not be in a position to ask for more money to pay for additional medical expenses if you accept the money now. The best time to agree to a settlement is after you reach maximum medical recovery. Your lawyer will keep negotiating with the medical providers for the bills in the meantime. It must be noted that the circumstances in which the accident occurred and the attitude of the insurer influence the time it takes to resolve a car or truck accident injury claim. Settlement with the insurance company may take a few weeks or even more than a year in a complicated case. You may have to go for litigation if the insurer acts in bad faith to get compensated. This is a longer process than settlement of negotiation.

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If you have been in a car or trucking accident, seek medical help immediately, if required. Do not accept your fault even if you feel that you are guilty and stay on the site until a law enforcement officer arrives. If you are carrying a camera, take photos of the damaged vehicle and crash site. It is important to abstain from making any comments or statements about the crash to other driver or to his/her insurance company in the absence of a lawyer. Collect as much evidence as possible. This also includes making a note of phone numbers of witnesses, if any.

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You can file a lawsuit against a person or entity due to whose fault the accident occurred. This may include the driver or any other person or entity at fault leading to the accident, such as the manufacturer of vehicle that was faulty. In case of a truck accident, the trucking company, the shipper and the owner of the trailer can be sued. You can also sue the owner of any public and private property due to whose negligence the accident occurred.

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In the US, 13 states follow a pure comparative negligence system, 33 states follow a modified comparative fault system and 21 states follow the 51% rule. The Pure Comparative Negligence System is following in 13 states. These states are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington. Modified Comparative Fault System is followed in 33 states that use the 50% rule. Out of these 12 states, i.e., Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, and West Virginia follow the 50% rule. The rest 21 states, i.e., Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming follow the 51% rule.

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Most states in the US allow you to claim missed wages. However, in states that follow the no-fault rule, you typically get paid under state-provided benefits.

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