Columbia Falls Truck Accident Lawyer

Falls Truck Accident Attorney In Columbia

A road accident can be serious enough between two cars, causing fear, injury, and property damage. However, when an accident involves a truck, this can be even more life-altering. If you or someone you know is ever in an accident with a commercial truck, it is important to contact a Columbia Falls, MT truck accident lawyer to help you in the upcoming legal process.

Why Columbia Falls Truck Accident Cases Are Different

Truck accident cases involve distinct legal and operational procedures when compared to typical car accidents. For starters, the sheer size and weight of commercial trucks often result in catastrophic injuries to occupants of smaller vehicles. Commercial trucking follows strict guidelines from both state and federal laws, such as the Federal Motor Carrier Safety Regulations (FMCSRs).

Liability in a Truck Accident

Another thing that makes truck accidents different is liability. In a car accident, fault usually rests with one or both drivers. However, in a truck accident, there are multiple parties that could be held responsible. Some of these include:

• The truck driver, especially if the accident was caused by driver error, fatigue, or distraction.
• The trucking company. The company can be held responsible if it utilized negligent hiring practices, forced the driver to work beyond federal regulations, or had faulty safety precautions.
• The cargo loader or shipper, if the accident occurred due to improperly loaded cargo.
• Manufacturers, especially for truck parts, if a truck malfunction caused the accident.

The fault may be distributed among any combination of entities based on the specific cause behind the crash, such as driver fatigue or maintenance issues. Our truck accident attorneys who take on Columbia Falls truck accident cases understand the necessary steps for collecting and safeguarding critical evidence, including driver logs, black box data, maintenance records, and trucking company policies.

Common Causes of Truck Accidents

Truck accidents can be caused by a number of reasons. Sometimes the driver or other entities are responsible. Other times, there are outside factors that contribute to the accident. Some common causes of truck accidents include:

• Driver distraction. This is one of the most common causes of road accidents. Distraction includes texting while driving, eating, adjusting a GPS system, or looking for items in the back seat of a car.
• Driver fatigue. Truck drivers often have to drive long periods of time without long breaks. Laws are in place to limit how long a driver can drive in a specific period of time, but sometimes, in order to meet deadlines, drivers or their employers may break these laws.
• Inclement weather. When roads are slick or when visibility is limited, it is harder for trucks to stop or maneuver quickly than smaller vehicles.
• Road conditions. Potholes, improper signage, and other poor road conditions can cause a truck to get into an accident.
• Brake or tire failure. When a truck is not maintained properly, this opens the door for mechanical issues that can be catastrophic in an accident.
• Speeding. Speeding and other forms of aggressive driving by the truck driver or other drivers increase the risk of accidents.
• Driving while intoxicated. Driving while under the influence of drugs and/or alcohol is illegal. It severely impairs a driver’s ability to safely operate their vehicle and increases the risk of accidents.

Laws Covering Truck Driving Accidents

Legal protections for truck accidents are covered in both federal and state laws. For example, federal law places limits on the number of hours a truck driver can work in a given time. A property-carrying commercial driver can be on duty for no more than 14 consecutive hours. This includes 11 straight hours of driving time.

A driver must take ten consecutive hours off-duty before the beginning of a shift. Drivers must stop operations after working 60 hours in seven days or 70 hours in eight days if their company operates vehicles seven days a week. In addition to federal laws, state laws have weight limit restrictions for trucks.

In 2023, there were 5,375 trucks involved in fatal accidents in the United States. This marked an 8.4% decrease from the previous year. This total accounted for 9% of all fatal crashes.

Additional Legal Considerations

If you are injured in an accident involving a commercial truck and you want to file a claim for damages, there are a few things that you should consider. First, know that Montana follows modified comparative negligence law, meaning that even if you are partially at fault, you may be able to recover damages. Your award amount will be lowered by the percentage you are deemed to be at fault. However, you cannot be more than 50% at fault, or you will not be able to recover any compensation.

If you want to file a personal injury claim, you have a time limit within which you can make the claim. This is the statute of limitations, and you typically have three years from the date of the accident to file the claim.

According to Montana Code § 61-7-108, individuals have a legal obligation to report an accident if it resulted in property damage over $1,000, a death, or an injury. This accident must be reported immediately, and failure to do so can result in legal consequences.

Additional applicable laws are in place regarding insurance requirements, mandatory vehicle inspections, CDL requirements, and drug and alcohol testing. These regulations are in place to protect everyone on the road.

What To Do After a Truck Accident

If you have been involved in a truck accident, your first priority should always be safety and medical care. Call 911 immediately to report the accident and request emergency assistance. Even if you feel fine, it is important to get checked by a medical professional, as some injuries have delayed symptoms, especially internal injuries.

If you are physically able to, gather evidence at the scene by taking photos and/or video of the damage to your vehicle, any road conditions that contributed to the accident, and your injuries. Exchange information with the truck driver, including their commercial license number, insurance details, and employer name.

Be careful not to admit fault or make assumptions about what happened. Anything you say can later be used against you. Ask for a copy of the police report, as it will be important for your insurance claim and any potential legal action taken.

As soon as possible, contact an experienced Columbia Falls truck accident attorney. Trucking companies often have legal teams working to protect them soon after a crash, so acting quickly helps preserve your rights.

Why Hire a Truck Accident Lawyer?

At Bliven Law Firm, P.C., we have represented hundreds of injured Montanans for more than 35 years, including victims of Columbia Falls truck accident cases. We are located only a few miles from the heart of Columbia Falls, and we have close connections with the Flathead County District Court.

Trucking companies and their insurers are often quick to act after an accident. Their strategy might include blaming you and either limiting payouts or trying to get you to settle before you understand your full injuries.

Our dedicated attorneys work to protect vital evidence and collaborate with challenging insurance adjusters while aggressively pursuing your entire financial compensation. We are well-versed in the defense strategies used by trucking company attorneys and how to overcome them.

FAQs

Contact Bliven Law Firm, P.C. Today

If you were injured in a truck accident, you may be able to receive compensation for your injuries. Contact Bliven Law Firm, P.C. today to begin fighting for your rights and hold the responsible parties accountable.