Let A Car Accident Lawyer Deal With The Insurance Company

Let A Car Accident Lawyer Deal With The Insurance Company

The importance of hiring a car accident lawyer for a claim instead of dealing directly with the insurance company is that insurance companies like to discourage representation because the insurance company knows that with a car accident lawyer the client will be more likely to receive a higher settlement or verdict then those who are not represented at all.personal injury attorney

Insurance companies like to offer quick small settlements to the injured client(s) to save the insurance company money. In the long run not having a car accident lawyer can ultimately make the problems worse. The quick settlement may relieve short term stress, but will cause more long term stress later. A car accident lawyer can earn their client the compensation they really deserve from the insurance company. This is the compensation from the insurance company that would not normally have been paid out to the unrepresented client.

Another point many clients do not see is that when a client is represented by a car accident lawyer the lawyer is not only trying to get the client(s) compensation for the accident not being the client’s fault, the car accident lawyer is also trying to achieve all compensation to pay for any medical bills, damages, and loss of earnings that were caused in the accident.

It is very important to seek advice from an experienced car accident lawyer as soon as possible after the car accident due to time limitations when seeking compensation depending on which state the client is located in. Getting an experienced car accident lawyer can not only help with medical expenses, but with pain and suffering compensation as well. The car accident lawyer can really prove a case where medical expense is involved and bills have been incurred by the client(s).

Having an experienced car accident lawyer is something that is very important when seeking out representation for a car accident. If the client deals directly with the insurance company they will come out short handed in the end and even though it may seem like their short term needs are met quickly their stress that will form from the long term needs will be something hard to overcome. This point is something that insurance companies hope the client(s) overlook when seeking help after an accident because in the end it saves the insurance company hundreds and even thousands of dollars. Many car accident lawyers that represent client(s) do not charge fees if the accident was not your fault until you receive compensation from the insurance company.truck accident attorneys - personal injury

The car accident lawyers will evaluate the client(s) accident and provide legal advice from that point. The lawyers are generally interested in seeing a medical history from the accident, bills that have incurred during that time, and any lost wages from the client(s) employer(s). This will help the lawyer built a strong case to show that the client(s) deserves the compensation that the lawyer is asking for compared to what the insurance company is offering. Many victims of car accidents try to represent themselves and it can become more costly in the end because of the lack of experience in the law field so it is highly recommended that the client(s) involved seek experienced car accident lawyers to help them with their claims.

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Truck Accident Attorneys – Part Of the Research

Truck Accident Attorneys – Part Of the Research

The Federal Motor Carrier Safety Regulation (FMCSR) requires diligence on the part of a trucking company, not only when it employs a driver, but also after he/she begins operating one of its vehicles. In previous entries, we have discussed mandatory pre-employment background checks which must be conducted by trucking companies. truck accident attorneys - personal injury law

Section 391.25 of the FMCSR requires as well that a trucking company conduct a review of each of its driver’s driving records for the preceding 12 months. A motor carrier must also obtain reports from each of its drivers with a list of all violations of motor vehicle traffic law and citations of which the driver had been convicted and/or forfeited a bond or collateral during the preceding 12 months. More information here

A trucking company must not only obtain such reports of employee/driver accidents or violations, but must also analyze these reports to determine whether any of the violations are such that the driver must be disqualified from driving for a period of up to one year. As in example, a disqualifying offense would be driving a trucking rig while under the influence of alcohol.

In addition, a trucking company’s supervision obligations include the duty to monitor the actual hours being logged by its drivers to make sure that they are not operating their rigs more than is allowed by law. The failure to monitor driver logs can be a grounds of liability against a trucking company, particularly in situations where a fatigued driver causes a collision.

Thus, among the many duties imposed by the Federal Motor Carrier Safety Regulations, a trucking company must diligently supervise all of the drivers in its employ, not only checking out their background thoroughly before employing them, but also during the period of their employ, constantly monitoring their activities to make sure they are in compliance with all applicable safety regulations.

Failure to properly supervise a driver can be an independent basis for liability against a trucking company – as it should be.

The applicable regulation is reprinted below:

Background and character

§391.25 Annual inquiry and review of driving record. (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.

(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

(b)(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).semi truck accident attorneys

(b)(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.

(c) Record keeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver’s qualification file.

(c)(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file.
Credit:http://www.federalregister.gov/select-citation/2015/04/23/49-CFR-391.25

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