While semi-trucks play an integral part in our economy and supply chain, there is no denying that they pose a threat on the roads they share with other vehicles. If you or someone you love has been in an accident with a semi-truck, it’s important to understand what to do next to ensure you get compensated.
This article will cover some facts about semi-truck accidents, as well as answer your questions about filing a personal injury claim against the driver or trucking company. Keep reading to find out:
- Some of the common causes of and common injuries resulting from trucking accidents in Montana.
- Who you can file a claim against if you were injured in a semi-truck accident.
- The statute of limitations for filing your personal injury claim in Montana.
What Are Some Of The Causes Of Truck Accidents In Montana?
Montana sees quite a few semi-truck accidents each year, and there are a number of causes for these accidents. Since there are so many semi-trucks that go through Montana, especially in the Billings area, we see a lot of accidents where semi-trucks are involved.
Inclement weather certainly causes a lot of semi-truck accidents, such as fog, dust storms, snow, and ice. Some semi-truck drivers are not used to driving in Montana in those conditions. Unfortunately, they do not use enough caution when driving during those weather events, which often results in accidents. Even if they are properly trained, weather events can be unavoidable, and there are accidents associated with bad weather.
The problem with semi-truck accidents is that they are often catastrophic. Semi-trucks are big and heavy, and for their mass, they operate at high speeds. This causes a real hazard for the other vehicles on the road that are in the vicinity of a semi-truck.
A recent issue semi-truck companies are facing is that they are having trouble hiring drivers who are citizens of the United States and native to Montana. They are frequently recruiting and hiring individuals from other countries to serve as their truck drivers. Unfortunately, those individuals are not as well-trained and less familiar with the driving rules and regulations.
There are a lot of rules associated with driving a semi-truck. You need a commercial driver’s license (CDL), and you must comply with the Federal Motor Carrier Standards Act, as well as Montana Law. Foreign drivers are often ill-equipped to handle and abide by these laws, and we are seeing more inexperienced drivers involved in semi-truck accidents.
Regardless of the cause, when a semi-truck is involved in an accident, it has detrimental impacts on every other driver around the accident. This is why the safety of driving those vehicles is paramount.
What Are Some Common Injuries Involved In Semi-Truck Accidents?
Common injuries involved in semi-truck accidents are unfortunately not minor. They are often catastrophic, often involving very serious injuries and even the loss of life.
That is something that everyone should be aware of when they’re driving around semis. Even just a bump or a sideswipe from a semi can have extremely serious effects on someone. These injuries can be lifelong, which is why it’s so dangerous to be involved in an accident with a semi-truck.
Do I Have A Claim If I Am Injured As A Passenger In An Accident Caused By A Semi-Truck Driver?
If you are involved in an accident as a passenger, whether in a semi-truck or a regular vehicle, you may have a claim against the individual who was driving the vehicle if you have been injured. That claim is usually asserted against the individual who caused the accident if you were riding with them.
Who Is Responsible If I Am Injured In An Accident Caused By The Driver Of The Semi-Truck?
As a victim of a trucking accident, you are probably – and understandably – concerned about who will be responsible for your injuries, especially if the truck driver caused your accident. When you are injured in an accident with a semi-truck and it is not your fault, you can assert a claim against the driver of the semi-truck and the company who employed that driver.
Your claim against the company that employed the driver is similar to an employment claim. It will involve looking into whether the company employed a driver who was improperly trained or did not comply with certain standards, including federal and state regulations.
In some cases, the company has legal liability when one of their drivers is responsible for an accident. Anytime someone is injured by a semi-truck, there could be both a claim against the driver as well as the company that employs that driver.
Can I File A Personal Injury Claim If I Am Seriously Injured In An Accident Caused By A Semi-Truck Driver?
If you were struck by a semi-truck or seriously injured in an accident caused by the semi-truck, you can bring a personal injury claim against the driver. You may also be able to bring a claim against the company that employed the truck driver.
Usually, the trucking company’s insurance will get involved at the beginning and help cover the costs. However, if there is not enough insurance coverage for your injuries, you may be able to seek other measures of recovery, such as through the company’s assets.
How Long Do I Have To File My Personal Injury Claim If I Am In An Accident Caused By A Semi-Truck?
Anytime that you are injured in an accident and it is not your fault, there is a statute of limitations period in which you have to file your personal injury claim. The statute of limitations is the time limit for filing a lawsuit. An insurance claim is different from a lawsuit, but you have the same amount of time to file an insurance claim against another party or their insurance.
In Montana, the statute of limitations is three years for a personal injury. However, it is eight years if your claim is against your own insurance company for underinsured or uninsured motorist coverage, which covers you if you are injured in an accident and the other party doesn’t have enough insurance.
These are strict rules in terms of the timing and how long you have to file a claim or a lawsuit against another driver or your own insurance in Montana. To ensure that your claim is filed correctly and by the deadline, it’s crucial to work with an accident injury attorney.
For more information on Trucking Accident Injury Claims In Montana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (406) 259-9986 today.
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