Montana depends on the delivery of packages made possible by large companies such as FedEx and UPS. FedEx has more than 170,000 motorized vehicles in America and UPS has more than 112,000. However, when drivers fail to operate their vehicles safely or fleet owners fail to maintain the vehicles properly, serious accidents can result.
In 2016, Montana saw truck accidents seriously injure 52 people and kill 22 others. Cascade County was not exempt, with 4% of all accidents in the state involving a large vehicle and causing a serious injury or fatality occurring there. If you have suffered an injury or a loved one has died due to an accident involving a delivery truck, Odegaard Kovacich Snipes are the Montana delivery truck accident lawyers to call. The Montana delivery truck accident lawyers of Odegaard Kovacich Snipes have fought for individuals injured in truck accidents in Montana for 100+ years. Victims have recovered millions of dollars in compensation after serious accidents, helping them get their lives back on track.
Determining who is at fault in a truck accident can often be a difficult legal process involving expert testimony, depositions from witnesses, and careful examination of logbooks and other evidence. In many cases, a combination of factors may be the cause of the accident.
Speeding is one of the most common causes of all accidents, and trucks are no exception. When a big rig weighing almost 40 tons is traveling too fast for conditions, the time needed to bring the vehicle to a stop increases dramatically. Speeding was a factor in almost a third of all fatal accidents in Montana in 2016. Speeding truck drivers are generally liable for the injuries they cause.
However, it may be the company that owned the truck failed to maintain the brakes properly, contributing to the accident as well. Failure to properly maintain tires and brakes is a significant factor in many truck accidents. Companies have a responsibility to maintain their trucks, so they are safe to drive on our roads. When a company fails to perform proper maintenance, it is liable for accidents that negligence causes.
A driver or company may contribute to an accident through negligence in many other ways. A driver may fail to check that the lane he or she is moving into is clear before changing lanes. A driver may be distracted through texting or cell phone use or may even drive while drunk or under the influence of drugs. A company may pressure drivers to ignore legal restrictions on the hours they drive. After all, delivery companies such as FedEx and UPS guarantee deliveries will arrive on time. The pressure to ensure nothing makes a package arrive late can be felt all through the company.
In many cases, both the driver and the company may have played a role in contributing to an accident. A Montana delivery truck accident attorney will look at all the evidence available to help decipher who is responsible and from whom to seek compensation.
The first step to pursuing a claim after your delivery truck accident is to get a police report at the scene of the accident. You will need to inform your insurance company of the accident as soon as possible as well. To file a claim, you need to determine who is liable for the accident and who is responsible for compensating you for your injuries - whether it's the insurance company, the fleet owner, or the delivery company. You will need to attempt to negotiate a settlement, and if necessary, file the legal paperwork to bring a lawsuit against the responsible parties.
Getting compensation after a delivery truck accident can be complicated and difficult, especially if you are recovering from a serious injury. Contact the Montana delivery truck accident attorneys of Odegaard Kovacich Snipes to set up a free consultation. Our attorneys will help guide you through the process and shoulder the burden of filing your claim.
It is critical that you work with an attorney who has the experience, knowledge, and skill to handle cases involving both commercial and personal vehicle accidents. And, it is critical you hire an attorney who knows, thoroughly, the injury laws in Montana.
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