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posted in Wilka, Welter & Ash LLP Law Blog.
Tractor Trailer Accidents
As a professional driver, tractor trailer operators have a duty within the law they must uphold. These commercial drivers must stay vigilant of other drivers they encounter as they travel. Whether driving across the country, locally or even regionally, the driver must adhere to federal and local regulations. It is the duty of each individual to know these laws and abide by them in order to protect those around them. Not only is it a legal matter, it is morally right to follow these for the safety of others.
For those who have ever been involved in an accident with a tractor trailer, the effects can be devastating. The size and weight of these vehicles can cause extreme damage. Family members who have lost someone in this type of accident know the pain all too well. Victims who have suffered also experience a healing process that leaves emotional scars lasting a lifetime. Overcoming the pain and stresses affecting the victims and their families is not an easy feat.
A victim or the family may feel the need to find the fault within the accident. Though this will not remove the pain caused, it does provide some relief. For a person struggling to do this on his or her own, finding answers can cause even more stress on top of what is already being experienced. One of the easiest ways to prove the blame is that of the truck driver is to find evidence of negligence in following the local and federal CDL laws. Since the drivers are required to uphold these standards, this proof alone is often a court victory for the injured party.
Filing a lawsuit against the driver is possible to do without legal representation. This type of filing is called pro se. For those who choose to go this route, the main appeal is financial savings. While it is entirely possible to do, taking on these cases alone without any law experience can prove to be difficult. Following court standards and gaining evidence against the defendant is easier said than done. If these things are done incorrectly, the outcome of the case is in jeopardy. The plaintiff’s experience is not favorable when expecting positive results.
Finding a personal injury lawyer in Sioux Falls can help a victim, or the family, experience a smoother process. An experienced attorney knows what to look for when sorting through the evidence. The lawyer will know what laws apply to the CDL driver, finding fault if any are broken. In court, legal counsel will know what the procedures are, following these in order to make a better case for the suffering party. A victory against the careless acts of a professional driver can help bring peace to those hurt.