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How Do I Begin a Big Truck Accident Personal Injury or Wrongful Death Case?

by Michael Burman

Crosswalk
25+
Years of
experience
200+
5-star
reviews
15%
lower fees than MOST competitors
90%
Settlement
rate

"Immediately after a semi- truck crash, the trucking company hires experienced people to protect them. As an attorney with real experience fighting trucking companies, me and my team of trucking experts know what it takes to protect your interests. It takes no money to hire me. I will hire the experts to find out what really happened, but you need to act quickly before crucial evidence is lost." Mike Burman

You are here for legal advice about your personal injury or wrongful death case. Mike Burman at Burman Law offers a free consultation to answer your questions. During your consultation - if you are comfortable - Mike will cover these six key steps with you:

  • Preserve important physical evidence so nothing critical is lost
  • Interview witnesses and law enforcement
  • Take custody of photographs and video
  • Impound or take custody of the truck or the contents of the truck
  • Provide you with a free case evaluation so you understand what the case is about
  • Provide you with a plan of action so you understand how the case will be handled

Mike is a big truck accident attorney with 25+ years of experience helping accident victims against at-fault commercial operators, large truck operators, tractor-trailer operators, and careless truckers of all types. Other lawyers often call Mike for advice with their personal injury lawsuits and wrongful death lawsuits. Once you begin your free case evaluation with Mike, you will know the legal advice is coming from an experienced attorney who wants to help you.

There is never any pressure. Your consultation is strictly confidential. Mike will provide legal advice and answer all your questions.  Mike will explain the law and facts so you know what is important about your case. If you are dealing with an insurance company adjuster, Mike will give you advice based on years of experience.

Mike and the staff at Burman Law understand that starting a personal injury case or wrongful death case can be overwhelming and intimidating. To help you, the friendly legal team at Burman Law average over 10 years of paralegal experience with personal injury claims and wrongful death claims. Your free access to the Burman Law Client Portal means you stay informed. You can contact us through the portal, by phone, by text, or by email. If you contact us on a workday, we almost always can respond to you that day.

You can schedule a consultation with Mike by clicking:

Beginning a case may help prevent semi-truck and trailer accidents with passenger vehicles. In 2021, fatalities in semi-truck crashes went up around 13% compared to 2020 per the National Highway Traffic Safety Administration. There were around 5,601 fatalities involving at least one semi-truck (large truck) in 2021, compared to 4,965 fatalities in 2020.

According to the National Highway Traffic Safety Council, a large truck can be both a commercial truck and a non-commercial truck with a gross weight of greater than 10,000 pounds. The Federal Motor Carrier Safety Administration issues rules that cover driver fatigue, trucker training, trucking industry documentation and many other requirements for travel over interstates and roadways. The rules are stringent because a fully loaded semi-truck with a trailer can weigh 80,000 pounds. In a vehicle accident, the average vehicle weighs around 4,000 pounds which is 20 times smaller than a fully loaded semi-truck or large commercial vehicle. The differences in weight and size increase the likelihood of serious injuries and catastrophic injuries from commercial truck accidents. Medical bills can exceed millions of dollars. Medical treatment for a family member can last a lifetime.

To reduce truck-related injury or death, stringent “rules of the road” apply to truck drivers and trucking companies.  Liable parties may not always be obvious. Compliance with the Federal Motor Vehicle Carrier Safety Act regulations issued by the Federal Motor Carrier Safety Administration is designed to reduce the number of truck accident victims caused by semi-truck and trailer negligence.  In addition, numerous Kentucky and Tennessee state regulations demand safety from truck drivers and trucking companies.  But some truck drivers and employers take shortcuts with safety.  And so, your case may prevent injury or death to someone else by holding these drivers accountable when they break the rules of the road. For the legal process to work, several steps in a bus accident claim must be addressed quickly, especially the preservation of evidence from the accident scene and the location of witnesses against the liable party. The police report needs to be checked for accuracy. Medical treatment from specialized medical professionals familiar with injuries from common carriers (public entities or private entities) that are used to transport people such as school buses, private buses, or public transportation carriers. Medical bills and lost wages should be submitted to insurance for payment.

Big truck accident cases (sometimes called big rig or commercial motor vehicle cases) most often involve state and federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA).  These regulations are carefully crafted to reduce fatalities and catastrophic injuries caused by truck driver negligence, but these regulations cannot stop driver fatigue or poor truck maintenance which are common causes of auto accidents with big trucks.

Beginning a case may help prevent other big truck accidents.  If you decide we will be your big truck accident attorney, our legal team will help you:

  • plan for medical expenses not paid by insurance
  • plan for lost income and time off from work
  • calendar the statute of limitations under state law so you do not miss any time limits
  • answer all the FAQs, as well as the questions unique to your case
  • meet with surviving family members and explain the legal process
  • fill out the necessary paperwork for your insurance policy or insurance claim
  • provide advice on your property damage claim for automobile repairs or total loss or the replacement value
  • lay the foundation for you to receive a fair settlement amount without the expense and delay of a big truck accident lawsuit (if the settlement is, in fact, fair)
  • help you understand spinal cord injuries and concussions caused by large commercial trucks and careless trucking companies

WHAT TYPES OF BIG TRUCK CASES DOES BURMAN LAW HANDLE?

We handle every type of big truck case, large truck accident, or truck accident claim.  We handle crashes caused by at-fault semi-truck operators, trucking companies, commercial drivers, government operators, and large commercial truck operators.  We handle all kinds of serious injury or wrongful death claims for car accident drivers and passengers resulting from big truck accidents. We handle traumatic brain injury, spinal cord injury, and all other significant truck accident injuries. Once we establish an attorney-client relationship with you, we take whatever legal action is necessary to protect your interests. Our law firm, through our free client portal, offers 24/7/365 access when you have information to share about your personal injury case.  We help you document the information needed to prove your injury is related to the crash impact.  We handle liens (liens are claims for reimbursement) by health care insurance companies which can be very high, especially in catastrophic injury cases.  Our law firm handles medical malpractice cases that can arise within the big truck accident cases.  We also handle short-term and long-term disability issues that arise in trucking accident cases.  And in wrongful death cases, we handle or assist with probate matters involving a decedent in a wrongful death lawsuit. We handle loss of consortium cases for the loss of a spouse or minor child. We handle claims for negligent training by a trucking company. Our experience in big truck cases ranges from semi-truck accidents to over-sized farm vehicles. Our case values range from tens of thousands of dollars to millions of dollars. We can practice in all federal or state courts throughout Kentucky and Tennessee.  Burman Law is a big truck accident lawyer with offices in Hopkinsville, Kentucky, and Clarksville, Tennessee to meet your needs.

HOW DOES BURMAN LAW DETERMINE FAULT FOR A BIG TRUCK CASE?

Every driver has a duty to exercise care for the safety of other persons using the highway. We investigate and prove fault by motorists and trucking companies who:

  • Fail to maintain a safe distance
  • Fail to slow to a safe speed or continually use excessive speed
  • Fail to allow time for safe clearance
  • Fail to obey traffic signals (i.e., red lights or stop signs)
  • Fail to keep a proper lookout for pedestrian traffic
  • Fail to pay attention, especially at night or during inclement weather
  • Fail to perceive a dangerous condition or immediate hazard
  • Fail to drive free of impairment by drugs or alcohol
  • Fail to stop operating a cell phone while operating a motor vehicle
  • Fail to properly maintain equipment and train drivers to operate a big truck

WHAT DOES BURMAN LAW DO IN A BIG TRUCK ACCIDENT CASE?

Big truck accident personal injury and wrongful death cases require quick attention from an experienced personal injury law firm. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company or trucking company.  Once an attorney-client relationship is established, Mike Burman and his law firm will work quickly to:

  • Understand the mechanism of injury causing pain and suffering or death
  • Look for hard-to-find injuries, such as traumatic brain injuries (TBI) or labral tears in the hip
  • Preserve evidence that could be washed away, destroyed, or lost
  • Send a preservation letter to the trucking company to hold certain records and evidence
  • Study traffic patterns and traffic
  • Search for CCTv video/audio, ring doorbell cameras, police videos, and business cameras
  • Locate and interview witnesses
  • Engage experts in accident reconstruction to uncover critical facts
  • Download the “black box” speed and distance computer on the “at-fault” vehicle
  • Impound the at-fault vehicle and preserve the big truck

In every personal injury case or wrongful death case, we investigate and preserve evidence. We locate and contact all available witnesses. We notify all necessary parties and insurance companies, notify all lienholders, gather and protect evidence and damages,  prepare a settlement demand, negotiate a big truck accident settlement, resolve liens, and distribute a fair settlement to you. Automobile injury and death cases require quick attention from an experienced personal injury law firm. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company or trucking company.  As your automobile accident lawyer, Mike Burman and his law firm will work quickly to answer all your questions and learn about your injuries-including those hard-to-find injuries that are oftentimes overlooked, such as brain injuries or labral tears in the hip.

Once evidence from the scene is secure, we use information technologies to transform this evidence into a visual representation of your big truck crash to prove the harms and losses behind your serious injuries. Our in-house media service prepares professional digital charts, blowups, and videos while keeping costs under control. Our goal is to communicate your case so that anyone can “be sure” what happened and “understand” what should be done to right the wrong done to you. We work to provide the insurance adjuster with a thorough evaluation of your case so you achieve a full and fair out-of-court settlement.  But if you must file suit, Burman Law will help prepare your case for trial.  At trial, we will visualize your case to the jury, so the jury understands exactly what happened to you, and how your life changed. In this way, the jury has the power to right the wrong done to you.

INSURANCE COMPANY TACTICS

Insurance companies and insurance adjusters use several tactics to deny claims and pay less than the value of the claim.  Some of the most common we see are:

  • Blaming accident victims for their own injuries
  • Reducing the value of the case by misinterpreting medical records
  • Denying the severe injuries are related to the accident
  • Making low settlement offers for pre-existing or age-related factors
  • Delaying claims as long as possible until you must take a low settlement offer
  • Making lowball settlement offers to reduce the amount you think is reasonable
  • Telling injury victims they do not need to hire a lawyer

HOW IS BURMAN LAW PAID?

We are paid a percentage of the money recovered in your case.  Many personal injury lawyers now charge a fee of 40% to begin your case.  Our fee has been one-third for more than twenty-five plus years.  We do not spend time or money on expensive television ads, and we pass that savings on to you.  There are no hidden disclaimers.  We are transparent at all times.

With our free consultation and free case evaluation services, you can discuss your big truck accident case with Mike Burman in confidence.  Mike will help you understand your rights and give you a plan of action based on real experience.  There is never any pressure.  We put all fees and case expenses in writing.  As a Burman Law client, you will receive our free client portal so you can post anything you want 24/7/365.  We respond to portal messages by the next business day, or sooner.   And you can always contact Mike on his personal cell phone number which he will give you.  Burman Law staff average ten years of paralegal experience.  Mike has more than 25+ years of experience in personal injury and wrongful death involving big truck accidents and safety in Kentucky and Tennessee.

We would be honored to help you or your loved ones. You can schedule a consultation with Mike by clicking:

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KENTUCKY LAW - § 281A.080. Information required from applicant - Driver not permitted to drive, when - Employer restriction on operation of commercial vehicles

(1) Each employer shall require the applicant to provide the information specified in KRS 281A.070. He shall inform the applicant that the information provided may be used or the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history.

(2) No employer shall knowingly allow, permit, or authorize a driver to drive a commercial vehicle during any period in which the driver:

(a) Has had his commercial driver's license suspended, revoked, or canceled by any state;

(b) Is currently disqualified from driving a commercial vehicle;

(c) Is subject to an out-of-service order in any state;

(d) Has more than one (1) driver's license;

(e) Does not currently hold a valid commercial driver's license; or

(f) Is in violation of any of the railroad crossing offenses or conduct set forth in KRS 189.500, 189.560, or 189.565.

KY Rev. Stat. 281A.080 Information required from applicant - Driver not permitted to drive, when - Employer restriction on operation of commercial vehicles (Kentucky Revised Statutes (2022 Edition))

About RedStone Law

Mike is a death and injury lawyer with 25+ years of experience helping hundreds of accident victims against at-fault drivers and commercial operators of all types. Other lawyers often call Mike for advice with their personal injury lawsuits and wrongful death lawsuits. Once you begin your free case evaluation with Mike, you will know the legal advice is coming from an experienced attorney who knows the law and wants to help you overcome a difficult situation in your life.

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