Best Washington, DC Truck Accident Lawyers 2023 – Forbes Advisor

If you are involved in a truck accident in DC, it can be an overwhelming experience. While filing a lawsuit can be difficult, it doesn’t have to be. With a little research and help, the process can be straightforward and smooth. Here are some things to keep in mind.

D.C. statute of limitations

Each state has a statute of limitations for truck accident claims that limits how long an individual has to file a lawsuit. These laws are designed to prevent unfair legal action against a defendant; If a very long time has passed since the accident, it may be difficult to fairly evaluate the evidence and witness statements.

In D.C., an individual has three years from the date of the accident to file their case. For example, if you were injured in a truck accident on January 1, 2020, you will have until January 1, 2023 to file a lawsuit. The lawsuit does not need to be settled or completed by that point, but the process must begin. If the statute of limitations expires before you file, you will not be able to recover compensation for your damages.

There are exceptions to the statute of limitations. If someone dies due to the accident, the family has two years from the date of death to file a wrongful death lawsuit. For example, if an individual was seriously injured during an accident on January 5, 2020, and died on January 10, 2020, the family would have until January 10, 2022 to file a lawsuit.

While the statute of limitations can seem like a long time, it is always best to gather evidence and documents as soon as possible. Over time, important information can be lost, so putting together and presenting your case quickly can increase the likelihood of a positive outcome.

Dc laws for truck drivers

If you’re involved in an accident involving a truck, here are some laws to consider:

• CDL requirements. Commercial truck drivers must have a commercial driver’s license that is issued to them after passing the written test and driving test. To obtain a CDL, drivers must be at least 21 years old, or if younger, have at least two years of driving experience.
• Definition of commercial truck. An individual needs a CDL if they operate a vehicle weighing more than 26,001 pounds, transport more than 16 people, drive a school bus, transport hazardous materials, or meet federal standards for interstate business operations.
• Weak alcohol. Truck accidents can be much more serious than other types of accidents, so drivers must adhere to strict disability laws. While driving a commercial truck, an individual cannot have a blood alcohol concentration higher than 0.04.
• Federal driving requirements. On top of following D.C. laws, truck drivers must remain in compliance with federal laws under the Federal Motor Carrier Safety Administration. These laws limit how long a person can drive, requirements for driving in adverse conditions, and more.

Determining fault in a truck collision

DC generally operates as a no-fault state in vehicle accidents, meaning that each person involved is responsible for paying for their injuries. In this case, you will file a claim with your insurance under personal injury protection.

If you decide to file a lawsuit over a truck accident, the court uses comparative negligence to award damages, which means that the damages you are entitled to are reduced by the percentage of your fault. So, if you are 25% at fault, you can only recover 75% of your damages.

If you hope to file a lawsuit against the truck driver, fault will be determined using police records, evidence, and witness statements. If it is determined that the other person was entirely to blame for the accident, you will be able to claim compensation.

How can a lawyer help you?

An attorney will work with you to understand your case, file your civil lawsuit, and seek fair compensation. Because of their legal experience, attorneys often know how to respond to common arguments made by insurance companies and other strategies to increase your chance of a positive case outcome.

In truck accident cases, attorneys generally work on a contingency basis, which means their fee is a percentage of your award, if you receive one. If you don’t settle or win at trial, they won’t get paid. This can be beneficial, as hiring a lawyer has no financial risks. On the other hand, this means that lawyers are selective about the cases they accept; Most will not accept the case unless they believe you have a good chance of winning a settlement or judgment.

Although working with an attorney may increase your chance of a positive case outcome, it is certainly not required. You can always file the case yourself, and this will ensure that if you win, you will receive the full compensation amount. The cost of an attorney can vary, but generally takes about 33% of the award. In straightforward cases, or if you’re willing to be very involved, filing on your own may be a good option if you hope to avoid fees.

If you choose to work with an attorney, he or she will help you gather evidence, shape your case, and negotiate with the insurance company. The vast majority of cases settle, but if you cannot reach a fair agreement, your attorney will also defend you before a judge or jury.