Our fee in semi-truck and car wreck cases starts at 25% (even lower in rare circumstances), 25% if a case is settled before filling or even after filing a lawsuit but before any deposition is taken or mediation is held (the earlier of the last two), then the fee goes to 1/3 (even lower in rare circumstances). The client is not responsible for these fees (or litigation expenses) unless there is a successful recovery to the client, except in states that require the client to remain responsible for costs/expenses, such as Washington state. Compare that to our competitors, some of whom charge a fee that’s almost 50% more than ours.
From thousands to millions of dollars, we have recovered full compensation for our clients. In fact, in similar cases we have obtained more money for our clients than other lawyers. Add to this our lower fee, starting at 25% and never exceeding 1/3, we put more money in our clients’ pockets - - where it belongs!
Special rules and regulations govern Interstate trucking cases, hire lawyers who know and understand these complex rules. Semi-truck wrecks are governed by comprehensive complex rules called the Federal Motor Carrier Administration Rules and Regulations (FMCSARs). From Hawaii to New England, Dr. Bradshaw has also taught other lawyers at Continuing Legal Education seminars throughout the United States and Canada how to understand these rules and apply them to the facts of each case. Knowledge of the FMCSARs can greatly increase case value. Dr. Brad Bradshaw has been contracted to write a book for other lawyers, explaining these rules. Dr. Bradshaw was also elected as Chairman of America’s Trucking Litigation Group for the entire United States, was a primary author of their bylaws – governing all of their trucking lawyers throughout the United States. More importantly, Dr. Bradshaw has never lost a semi-truck case.
It is very critical to note that there are strict time limits in which a claim for damages and personal injury can be brought against a negligent driver or company. These time limits are called "Statute of Limitations". This means that after the incident you only have a certain amount of time in which to file a lawsuit. After that time, your right to file a claim is completely barred. These statutes vary from state to state. If you believe you may have a potential claim, you should seek the assistance of a qualified attorney as soon as possible.
Document destruction: the federal rules allow trucking companies to destroy records well before the actual statute of limitations run. GPS tracking records may be destroyed in as little as 7 days (Stevens Transport Trucking Company does this). Log books can be destroyed in 180 days after the wreck. You should seek representation as soon as possible because a lawyer can send a “spoliation” letter to the trucking company requesting that they do NOT destroy any records, potentially holding them accountable for any destruction after they receive the spoliation letter.
What to Do When You've Been Injured:
First, seek medical attention as soon as possible. Your health is more important than anything. Further, most insurance companies and juries believe that if a person was truly injured they will seek out medical care immediately, or soon after the wreck. The larger the gap in time from your wreck to seeking treatment, the more this will negatively affect your claim.
The second thing you need to do is take photographs of the property damage. Once your vehicle is destroyed, evidence proving the severity of the impact is lost. These photographs are top priority when it comes to building evidence for your case.
Third, keep documentation of all your medical appointments. Juries and insurance companies believe that injured people will attend appointments if they are truly injured. Do not miss follow up appointments, and keep all documentation of follow up appointments. This is crucial when it comes to demonstrating how injury has affected your quality of life. Failure to attend or keep documentation of appointments and follow ups can result in the court reducing your money recovery for failure to “mitigate” your damages. One way the trucking companies argue a person failed to mitigate their damages, is the failure to keep follow-up appointments.
Things You Should Know
Federal Motor Carrier Safety Administration Regulations:
The federal motor carrier safety administration regulations are a complex and comprehensive set of rules and regulations that outline the laws for truckers. A lawyer with in-depth knowledgeable in this area can greatly increase a person's’ financial recovery. Here are just a few examples of such rules:
Broker liability is a new form of recovery. Most lawyers are either unfamiliar with this recovery or have never handled such a case. Dr. Bradshaw recently helped a family increase their recovery from $1 million on the basis insurance to a total recovery of $11 million based upon Broker Liability. Dr. Bradshaw has taught lawyers throughout the United States how to handle Broker Liability cases, see a clip from that seminar here.
What Kind of Injuries are Covered
Almost any injury that is sustained in a trucking wreck can result in financial recovery. This includes injuries that are caused by the driver and the trucking company. Trucking companies and their insurance companies keep databases on Trucking Lawyers and may pay you more or less depending on the experience and success of your lawyer. Having the assistance of an experienced attorney can be beneficial because they can negotiate with the insurance companies to maximize your recovery.