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What you NEED to Know About Trucking Accidents & Property Damage

What you NEED to Know About Trucking Accidents & Property Damage

Just think what a fully-loaded tractor-trailer can do when it hits anything doing 65 miles an hour. Professional drivers are (or, should be) trained operators who don’t take unwarranted risks, such as driving drowsy. They have numerous legal safeguards to prevent exactly that. Truckers don’t often go off the road but, when they do, damage can add up really fast and claims can be complex. The Morgan Law Firm is Meridian, Idaho’s top trucking accident firm and we should be your legal representative.

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What Went Wrong?

This is the most important question because it drives everything else. One might think that, for example, if the driver simply fell asleep, it’s his/her fault and that driver is totally personally responsible.

One would be very wrong. It’s never that simple.

Many drivers work in tandem, so the partner also has a personal obligation to prevent dangerous behavior. The trucking company, if the trucker is an employee, has a duty to train and oversee. Were the tractor and trailer owned by the same company? Was the crash caused by stevedores incorrectly loading a trailer? If the crash was due to mechanical failure, the people who did the repairs (maybe the trucking company, maybe a contractor) bear some responsibility. Did the mechanic fail or did the part? The part manufacturer might be facing a product liability case.

Where Went Wrong?

Was the property in the owner’s home state, was the trucker operating in his/her home state? Is the trucking company local or interstate? Were the parties involved in something happening in a state where no one lives, works or conducts business?

Generally, the laws of the state where the incident occurred take precedence, but trucking is an interstate industry, so federal law also comes into play.

How Much Went Wrong?

These cases differ from auto accidents; “property damage” means property other than the victim’s vehicle — fence, house, business (building, inventory, etc.), barn, livestock, just about anything. Most property “depreciates”, becoming less valuable over time, while inflation increases cost over time. Do you sue for original value, current value or cost of replacement? Do you repair or replace? Can you upgrade or replace with something different if the original is no longer available? Does the damaged property have antique, cultural or historical value?

You Need Backup

Every property damage case has its own details and challenges, and, of course, the defendant (or defendants) may try to negotiate a settlement, all will try to clear themselves of any wrongdoing. You need a partner that can handle all the potential details and complexities of your insurance claim. Contact Meridian, Idaho’s Morgan Law Firm — we handle it all.

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Our Offices
  • Boise, Idaho Office
    950 West Bannock Street Suite 1100
    Boise, Idaho 83702
    Phone: 208-999-1717
  • Meridian, Idaho Office
    3597 East Monarch Sky Lane
    Meridian, Idaho 83646
    Phone: 208-999-1717
  • Middleton, Idaho Office
    318 West Main Street
    Middleton, Idaho 83644
    Phone: 208-999-1717
  • Lehi, Utah Office
    2901 W. Bluegrass Blvd Suite 200
    Lehi, Utah 84043
    Phone: 801-766-5559
  • Ogden, Utah Office
    221 25th Street
    Ogden, Utah 84401
    Phone: 801-766-5559
  • Common questions

    How long do I have to file a claim?

    In most cases, Idaho law imposes a two-year statute of limitations on personal injury claims. The two years do not necessarily begin at the date of the incident that caused injuries...

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    Blog

    Welcome to the blog of the Morgan Law Firm. Our Boise, Idaho and Lehi, Utah offices handle cases involving personal injury law. We are dedicated to providing personalized legal representation to injury victims in Boise, Salt Lake City and throughout Idaho and Utah. To best serve our clients, we are committed to keeping you informed…

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