Truck accident lawyers in Provo fight for compensation for your serious injury or loss of a loved one
Accidents with trucks can be devastating, demolishing the vehicle in which you were riding, critically injuring or killing occupants, and changing the lives of survivors. Subsequent court action will require tenacity — truck drivers and owners typically hire an industrial-strength legal defense. Fillmore Spencer LLC and their truck accident lawyers in Provo help Utah Valley residents who have suffered catastrophic injury or the loss of a loved one in a truck accident claim the compensation they are rightly due.
An accident with a truck (tractor) hauling a semitrailer or full trailer can happen day or night. Of course, accidents involving trucks are much more dangerous than accidents between passenger cars. Even low-speed, low-impact collisions can cause serious injuries or death. Car passengers fare far worse in a collision with a truck: The U.S. Department of Transportation says that of the 32,367 people killed in traffic accidents in the U.S. in 2011, 11,981 were occupants of cars and 9,272 were occupants of light trucks. Only 635 fatalities were occupants of large trucks.
Among the serious and catastrophic injuries inflicted by collisions with trucks are temporary or permanent paralysis and other disabilities due to brain and spinal injury, coma, loss of limb, loss of vision, and burns and other wounds that can take months to heal.
Trucks are often involved in traffic accidents because their size, weight and poor maneuverability make them much more difficult to control.
While trucking accidents are often caused by the same factors causing auto accidents, including driver distraction, weather and roadway conditions, heavy traffic, poor intersection design, signage and roadway construction, there may be additional factors to blame.
For instance, the truck driver’s alertness may have been diminished from lack of sleep or a hectic delivery schedule. The driver also might not be qualified to drive a big rig, which his or her employer may have overlooked. The truck’s cargo might not have been properly loaded, compromising the driver’s ability to avoid collision. And the truck’s tires, parts and braking, steering and other systems may not have been properly maintained. Truck operation, scheduling, loading and maintenance are all governed by regulations that attempt to minimize the incidence of accident and injury. Fillmore Spencer LLC examines the evidence in each aspect closely in making your case.
If you’ve sustained serious injury in a trucking accident, you should consult with an experienced personal injury law firm before accepting any insurance settlement or other assistance. You may be able to recover for medical and physical rehabilitation costs, wages and economic opportunity lost, and any job retraining required, too. You may also recover compensation for noneconomic damages — pain and suffering, as they are commonly called. The judge may also award punitive damages. If you’ve lost a loved one, you may be entitled to wrongful death compensation for loss of their economic contributions to the household and their economic opportunity, as well as noneconomic damages and any punitive damages the judge sees fit.
You may be entitled to receive compensation from the truck driver or the trucking company, or both. However, you must file your personal injury case within four years, or your wrongful death case within two years, of the date of the accident (or one year when a government entity or working employee is at fault). If you intend to sue the state because the road was improperly maintained or the state owned the truck that caused the accident, you must bring suit within a year of the incident.
Utah law applies “modified comparative negligence” to personal injury cases, meaning that if you are found 20 percent responsible for causing an accident, you will collect only 80 percent of the damages. It also means that if you were 50 percent or more responsible for the accident, you lose the right to collect from other at-fault parties.
Fillmore Spencer LLC understands Utah law regarding personal injury and wrongful death and seeks the maximum amount to which you may be entitled. Call us at (801) 426-8200 or contact us online for a free initial consultation. We will not charge attorney fees until we have obtained an award for you.