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Understanding Punitive Damages in a Personal Injury Claim
In most cases, trucking companies observe a zero-tolerance policy when it comes to their truck drivers driving while intoxicated. Unfortunately, devastating truck accidents involving alcohol still occur on a frequent basis. The combination of a driver under the influence and a large truck can often prove fatal, as these vehicles can weigh up to 80,000 pounds and cause extensive damage in an automobile accident.
Accidents not resulting in fatalities can still cause serious injuries, including bone breakage, brain and spine injuries, coma, or paralysis. If you have been injured in a drunk driving truck accident, you have rights and you may be entitled to monetary compensation for your injuries. An experienced Denver truck accident attorney may be your best chance at obtaining the fair settlement you deserve from the parties responsible for your hardship.
The injuries you suffer in a drunk driving accident involving a truck can cause extreme pain and suffering, and financial strain as well. Your injuries may be crippling and require considerable medical treatment and care. The insurance company representing the truck company will be looking out for their client's best interest, and may try to get you to accept an inadequate settlement for the damages you've suffered.
A seasoned attorney will be able to fight for what you are rightly owed, and at Anderson Hemmat, we have considerable experience doing just that. We may be able to represent you in your drunk driving truck accident case, and increase the likelihood of you receiving maximum compensation for your injuries, so that you can enjoy peace of mind in the aftermath of your ordeal.
No one should ever drive under the influence—truck or passenger vehicle. There are federal laws, however, that prohibit a commercial vehicle driver from operating their truck with any detectable level of alcohol or drugs in their system. In fact, most trucking regulations have no tolerance for drivers who are under the influence while operating their truck.
When a commercial truck driver kills or injures a person while driving under the influence, truck accident attorneys will not only seek negligence against the driver, but seek out punitive damages too. At Anderson Hemmat we are dedicated to our clients. We seek out the maximum compensation allowed so that our clients are never shortchanged in such negligent situations.
Drugs and alcohol can severely alter the brain's ability to process and react. When a driver is under the influence, he or she has limited: Attention span, Cognitive behavior capabilities, Coordination, Perception and Balance.
All of these areas are needed to effectively and safely operate a large commercial truck. Driving under the influence of drugs or alcohol is a serious health concern for the public. A semi-truck and all of the weight associated with it could cause catastrophic if not fatal damage with a drunk driver behind the wheel.
There are federal regulations that regulate any use of drugs or alcohol in truck drivers. No truck driver is allowed to possess or be on duty under the influence or using any drugs. In fact, federal regulation requires drivers to not be under the influence or consume alcohol within four hours of operating their truck.
If a truck driver is convicted of driving under the influence, there are severe federal and state consequences for that driver.
While it is usually the truck driver who is liable for driving under the influence, there are times a trucking company could be held liable too. In situations where the company requires the driver to stay on the road for extensive periods, for example, the driver may take amphetamines to stay awake. These drugs can alter a driver’s ability to control their truck, which can lead to an accident. As a result, the driver and trucking company may be found liable for any damages or deaths associated with that accident.
Even if the driver is convicted of driving under the influence, you aren't guaranteed a win in your lawsuit. Most accidents involving an 18-wheeler or semi-trucks mean significant injury and damages. Your life or the life of your loved one could be changed forever after an accident with a truck. That is why you need an advocate by your side that will seek out maximum compensation for injuries and damages associated with that accident. From lost wages to extensive medical bills to the loss of a loved one, the attorneys at Anderson Hemmat can help.
If you have been victimized in a drunk driving truck accident in Denver, Colorado, contact an experienced drunk truck driving accident injury lawyer today to discuss the details of your personal injury case.
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Typically, a personal injury accident case will go to trial when a settlement agreement cannot be reached outside of courts. If the defendant in the personal injury case is refusing to offer a settlement that accurately reflects the extent of damages, then a trial might be the only option to secure maximum financial compensation.
The best way to know whether or not you should accept a personal injury settlement is to consult with an accident lawyer you trust. Insurance companies try to get claimants to settle quickly before they know how much they actually could get for their accident. Consider having your personal injury case evaluated by a Denver accident attorney from our law firm.
Anderson Hemmat operates on a contingency fee basis. This is a "no recovery, no fee" guarantee which basically states that you do not owe us attorney fees until we obtain a verdict or settlement for you. To learn more about payment options, please call our experienced accident attorneys directly.
While it is not mandatory that you have legal representation for a personal injury case, it can be extremely beneficial. Many people are cut short of the financial compensation because they were not aware of how much they actually deserved for their extensive accident.
Many people do not go to the hospital after car accidents either because they think they are not injured or they fear they will have to pay out of pocket for the visit. Truthfully, many car accident injuries can go undetected and may not begin to bother the victim until days or even weeks after the accident. As a precaution, anyone involved in a moderate to serious car accident should go to the hospital for a physical evaluation. Most likely, this visit will be covered by insurance. Just be sure to keep record of the visit and the payment for the visit.
It can be difficult for a driver to know how much they're entitled to after a car accident. Many drivers accept the insurance company's first settlement offer because they trust that it's fair and will be enough to cover all accident-related expenses. This is not always the case. We encourage drivers to consult with a car accident attorney after a collision for a second opinion on how much your claim is worth. More often than not, insurance companies offer claimants far less than they actually deserve.
Colorado has comparative/contributory negligence laws. This means that even drivers who are partially at fault for accidents can recover compensation from insurance. However, this does not apply to drivers who are more than 50 percent at fault for the collision. For example, if the insurance adjusters decided that you were 20 percent at-fault and the other driver was 80 percent at-fault, then you could collect up to 80 percent from the other driver's insurance.
The information on this website is for general information purposes only. Nothing on this should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.