Have you been a victim of a truck accident caused by an inexperienced driver? Is the trucking company trying desperately to get you to settle the case quickly and quietly? They know their driver wasn’t properly trained and are working fast to make sure you settle for less than what you’re owed.
Our St. Louis attorneys at OnderLaw, LLC strive to make sure you always get the respect and compensation you deserve. If they’re responsible for your accident, we want to help you hold them accountable. If you or someone you love has been a victim of a trucking accident, call us now at (314) 963-9000 for a free consultation. You may be entitled to substantial compensation.
Why You Need a Trucking Accident Lawyer
Trucking and insurance companies will try to do everything they can to make sure you don’t call a lawyer. They know that they haven’t acted according to the law and don’t want to have to pay for it. If you’re injured and in the hospital, chances are they’ve already started calling you, aiming to harass you until you make them go away by agreeing to their settlement.
We can make them go away for you. We’ll handle everything, including negotiating with them on your behalf, so you can focus on your recovery and loved ones during this stressful time. We’ll investigate your accident to build a strong case on your behalf. At OnderLaw, LLC, our attorneys work with an extensive network of accident professionals, such as medical investigators, accident recreation experts, financial experts, and more. We’ll utilize all our resources, including our in-depth knowledge of trucking laws, to maximize the compensation you receive. We’ll also make this process as quick and painless for you as possible.
Trucking companies want you to settle for a fraction of what you’re owed so they can continue to make money while breaking the law. We’ll hold them accountable for their actions and make sure they provide you with the compensation you deserve.
Why Choose OnderLaw, LLC
The attorneys at OnderLaw, LLC will firmly negotiate your case with the insurance claim agents, and if the insurance companies refuse to pay you what you’re owed, we are also fully prepared to take your case to trial, if needed. We have plenty of experience holding major companies accountable, including winning the most verdicts over Johnson & Johnson’s talcum powder with over $300 million in settlements. Our largest personal injury and vehicle collision settlement to date was over $22 million in just one case.
We have also received numerous honors and peer recognition, from holding the highest rating with Martindale-Hubbell to being named to the Super Lawyers list, Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum.
Our firm, founded in 2002, has gathered the experience and success needed to handle your case. We’ll ensure that you’re fairly compensated while holding these companies liable for the damages they’ve caused.
Qualifications for Trained Drivers
Trucking companies have to make sure that all of their employees meet certain qualifications before they can even get an interview. These qualifications include:
- Passing a background check. The trucking company is supposed to get a detailed account of their employees’ previous work information and driving records over the last 36 months for every state in which they have a license.
- Physically capable. All drivers must be physically able to handle their vehicles. These capabilities include having sound hearing, good vision, and no related medical conditions or addictions.
- Completing a driver’s test. All drivers have to take a test to ensure they’re suitable and have the knowledge needed to handle a commercial vehicle.
- Commercial Driver’s Licenses (CDLs). There is a specific license a driver must have before operating a commercial truck: the CDL. The definition for a commercial truck varies, but it’s mostly defined as a vehicle over a certain weight, whether or not it’s transporting hazardous materials, or if it’s transporting 10 or more people. All drivers hired by a trucking company must have a CDL.
If a driver does not have or did not pass one of these four qualifications, then they shouldn’t be operating a commercial truck at all. The company should have records of this information prior to hiring the driver and must be responsible enough to make sure all of their employees are qualified.
Proven Consequences of Hiring Untrained, Inexperienced Drivers
Many fatal crashes involving commercial trucks occur every year in the United States. Because of this problem, many different organizations have conducted studies to learn just how prevalent these accidents are.
One such organization is the Federal Motor Carrier Safety Administration, which presented a report to Congress in 2006 about the causation of trucking accidents. Out of many different factors, being unfamiliar with the vehicle has caused 6.5% of trucking accidents in 2005, rounded out to about 9,000 crashes.
Of those 9,000 crashes, about 2,000 passenger vehicles were affected. That’s 2.4% of all trucking accidents in a year. The FMCSA defined a driver’s unfamiliarity with their vehicle by how often the driver used it. In this study, an unfamiliar driver was anyone who had operated their vehicle less than six times in six months.
That might sound like a low statistic, but accidents caused by inexperienced drivers can be among the most severe accidents, resulting in serious injuries or even death.
How We Hold Companies Liable
The burden of ensuring that their employees are certified to drive safely is with the truck company.
Truck accidents caused by inexperienced drivers can be prevented as long as trucking companies take the necessary steps to ensure their drivers are properly trained. While there are usually multiple reasons for any one accident, the fact that a driver was ill-trained isn’t something to pass up in a court of law.
It’s the trucking companies’ responsibility to make sure their drivers are trained, qualified, and experienced to the best of their ability. Failing this, they should be held accountable for their negligence to make sure this same incident doesn’t happen to someone else.
Frequently Asked Questions
If you’ve been injured by an accident caused by an improperly trained truck driver, you’re probably feeling angry, and probably unsure of who to turn to for help. We want to answer every question you have because we believe it benefits everyone if our clients are as informed about their case as possible.
Here are a few questions we get asked regularly:
How do I know I have a case?
If you or someone you love was injured in a trucking accident caused by an improperly trained or inexperienced driver, you most likely have a case. We at OnderLaw, LLC offer free consultations, with no obligation for a follow-up, to discuss this exact question. If you aren’t sure you have a case, schedule a free consultation with us, and we’ll review your accident with you in detail.
How much is my case worth?
We strive to get you the best possible outcome for your case. Every case is different, the amount of compensation you’re eligible for will depend on several factors about your case, such as the extent of your injuries, property damages, and lost wages if you’re unable to return to work as a result of your injuries.
You may be eligible to receive two types of damages: economic and non-economic damages. Economic damages are monetary losses you’ve had as a result of the accident, such as:
- Lost wages
- Loss of future earnings
- Medical expenses (present and future)
- Property damages
- Travel expenses
Non-economic damages include intangible losses you’ve suffered due to the accident, such as:
- Pain and suffering
- Mental anguish
- Loss of companionship or consortium
While an exact figure is hard to predict upfront, we will review compensation options with you and ensure that you receive the maximum possible compensation for your injuries and losses.
Who is liable for my accident?
You might think that since the inexperienced driver clearly caused the accident, they might be solely responsible for your accident. However, truck accidents are complex events, and there are often multiple parties that are liable for the accident. For example, if an investigation reveals that the trucking company failed to ensure that they hired a qualified driver, or failed to properly train their driver, the truck company will be liable, as well. It’s up to the trucking companies to make sure that all of their drivers are completely capable of handling these vehicles, with all of the correct paperwork up-to-date and intact.
How long do I have to file a claim?
The statute of limitations for truck accidents in the state of Missouri is five years. The statute of limitations, in this instance, is the time limit you have to file your case in the civil court system. Once the statute of limitations has passed, you will likely be unable to pursue financial compensation for your injuries.
Unfortunately, if you settle your case with a trucking company, you can’t file a claim afterward. This is why they try to make you settle as fast as possible, before you hire a lawyer.
Filing a claim as soon as you can is the best action you can take. However, if your accident happened months ago and you have never filed a claim or taken a settlement, you can still do so now. The sooner a lawyer is by your side, the smoother your claim process will be.
Have you been involved in a trucking accident? Have you lost wages, work hours, and only gained medical bills in the meantime? You don’t have to go through this alone. If you or a loved one have been a victim of an accident involving an inexperienced driver, file a claim today. You may be entitled to significant compensation.
Our St. Louis truck accident lawyers at OnderLaw, LLC are dedicated to helping you get the fair treatment you deserve. We want to hold these big companies liable for their wrong-doings and help you seek justice. Call us now at (314) 963-9000 to schedule a free consultation so we can help you get back to your life.