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Welcome to the Truck Accident
Homepage for Kantrovitz & Associates, Attorneys at Law.
We represent the victims and families whose lives have been
damaged by big-rig trucking accidents.
Collisions between a large truck and an automobile many times
involve significant property damage and serious injuries or
even death. If you or a family member has been
injured in a trucking accident caused by another’s
carelessness or recklessness, you may be entitled to file a
claim against the party at fault.
Our attorneys
have tackled powerful trucking companies and their agents to
protect the rights of our clients involved in tractor-trailer
or “semi” crashes. Kantrovitz & Associates’ lawyers have the
right combination of in-depth knowledge of trucking industry
regulations and expertise in victims’ rights to structure the
most successful claims for our clients. As our client,
we can help you receive monetary compensation for medical
costs, lost income, expenses, and the pain and suffering
you’ve endured because of a large truck accident.
The U.S.
trucking industry is a $468 billion giant with a bad
reputation for safety. It is estimated that there are
500,000 tractor-trailer accidents each year nationwide. In
2002, the Federal Motor Carrier Safety Administration (FMCSA)
reported 130,000 injuries and nearly 5,000 deaths related to
large truck accidents. There are many reasons for
tractor-trailer accidents including:
- Driver fatigue
- Negligence
- Tire blowouts
- Improper loading
- Sudden braking
- Drug and alcohol use
- Repeated driving violations
One in every
eight traffic fatalities is attributed to collisions with
eighteen-wheelers. Consider that the average passenger
vehicle weight is 3,596 pounds, while a fully loaded
commercial tractor-trailer weighs as much as 80,000 pounds. Is
it any wonder that when these two vehicles collide, the truck
driver usually suffers more minor effects and that many of the
dead or injured are innocent victims in passenger vehicles? The
Highway Traffic Safety Administration estimates that up to 30
percent of deaths, and 70% percent of the injuries, are
directly attributable to fatigued truck drivers.
To address
safety concerns, the Federal government has implemented
regulations regarding commercial truck driver’s licenses and
also requires limited drug and alcohol testing. In April 2003,
the FMCSA instituted new hours-of-service (HOS) regulations to
increase driver awareness and curb truckers’ problems with
fatigue. These were the first significant revisions to the HOS
in over 60 years. While these steps will reduce some of the
accidents, problems still permeate the trucking industry. In a
boards study of 107 long-haul truckers, 19 drivers said they
fell asleep while driving one or more times during the past
month. Two-thirds of those surveyed admitted to under-reporting
their actual hours of work in their log book during the
previous year.
Sometimes in truck collisions the insurance company will deny
a claim for no reason other than to protect the driving record
of the truck driver. Truckers must follow specific State and
Federal regulations. It is important to retain a law firm that
understands these regulations. In
Massachusetts, truck-related injuries and deaths are handled
under personal injury and wrongful death laws. In these
cases, you must prove that your injury was caused by another
party’s careless or reckless actions to win a personal
injury claim. Personal injury victims (plaintiffs) can file
one of several types of wrongful injury suits (torts) or
family members are entitled to file wrongful death claims
against defendants including:
- Negligence – an
individual’s act, or failure to act, has caused injury.
While the act may be unintentional, the defendant is still
liable for damages.
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Strict liability
- generally applies to product liability, which are claims
filed against manufacturers and suppliers for dangerous
products that cause injury.
-
Intentional
misconduct – is the malicious or intentional infliction of
harm that results in an injury or death. This type of claim is
litigated under criminal law and punishment can include
prison.
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Comparative
negligence – because the actions of the injured person may
have contributed to their own harm, the negligence is divided
between the injured party and the defendant and the damages
are reduced accordingly.
If you have been hurt, or a
loved one has died, as the result of an accident involving a
tractor-trailer, semi or other large truck, you need the help
of attorneys who have the experience and resources to protect
your rights. Do not permanently lose your right to seek
damages from those who caused you harm, call Kantrovitz &
Associates today.
Whether we’re gathering evidence by preserving driver and
truck records, consulting with you on legal strategies, or
representing you in negotiations with insurance agents, our
lawyers are always working to ensure that you receive
the maximum compensation available to help in your
recovery. Call us today at (800) 248-1245 or
contact us via email at
info@kantrovitzlaw.com.
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