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What if the truck accident was particularly bad? 

In situations where the truck accident was especially bad and gross negligence or recklessness occurred, you should speak with your lawyer about filing for punitive damages against the truck driver. Although you will likely be filing a claim against the trucking company’s insurance, it is also possible to file an additional claim against the driver when their actions were egregious. What if I was partially at fault?  Because Utah follows a comparative negligence law, it is possible that you could be 50% or less responsible for the accident and still receive some amount of financial compensation for the accident. The percentage that you are deemed at fault is the percentage that will be taken out of the compensation you would receive. If you were injured after a fatigued truck driver caused an accident on the road, call Rasmussen & Miner to see how we can help you with the compensation you deserve. Many people who were victims of truck accidents learn that the cause of the truck accident was truck driver fatigue. Unfortunately, because of the nature of the trucking industry, driver fatigue is very common. Many truck drivers feel that they must make their deadlines on time and this may mean they go without adequate food or sleep. When this happens, the truck driver may choose not to follow the rules of the road so they can get what they are hauling to their destination. All it takes is one time for the truck driver to take a “micro nap” on the road or become too fatigued to pay attention to their surroundings. When this happens, the team at Rasmussen & Miner knows everyone else on the road around the truck driver is put in danger. Determining Who Is at Fault in This Type of Accident After a truck hits you, you likely think the easy answer is that you will file a claim against the truck driver because they would be responsible for your injuries. This is not necessarily the case. It is important to work with a truck accident lawyer in Salt Lake City, UT to help you get to the bottom of who is responsible for your injuries after a truck accident. That said, you may not necessarily be filing a claim against the truck driver, even if they were driving fatigued. Another party, like the trucking company, may be responsible for paying out compensation in certain situations.

Determining Fault and Causation After a Truck Accident

It often takes time to uncover all of the contributing factors to the cause(s) of a crash. Once our legal team has thoroughly investigated your collision, we’ll be able to determine which party or parties may be held legally responsible for the harm that you have suffered. Generally speaking, if another’s negligent, reckless, or intentionally harmful conduct directly contributed to the cause(s) of your harm, you may hold them legally liable for the financial consequences of that harm. Oftentimes, truck accident causation isn’t visible to the naked eye. Faulty auto or truck parts, inadequate truck driver training, and road imperfections—for example—don’t always make themselves immediately apparent in the wake of a crash. Don’t assume that you have no grounds upon which to file a civil suit until the causation and fault of your accident have been determined by a reputable law firm. The consequences of truck accidents can be devastating. Devastating physically, practically, and financially. As a result, it is vitally important that all truck accident victims who have suffered injuries as a result of their collisions take time to explore their legal options. If you were recently injured in an accident involving a large commercial truck, even if the accident was partially your fault, you may be entitled to significant compensation at this time. You likely won’t know for sure how strong your case may be until an experienced Salt Lake City, UT truck accident lawyer from Rasmussen & Miner thoroughly and objectively evaluates your circumstances. It is important to understand that even if you may have been partially to blame for your injurious circumstances that you may still be entitled to compensation at this time. If you were injured while engaged in work-related activities (driving a truck or not), you may be entitled to workers’ compensation benefits even if the accident was totally your fault. If you were not working at the time of your crash, you may still be able to hold other parties (individuals, companies, or even government agencies in charge of safe road maintenance) liable for their contributions to the cause(s) of your accident.

Truck Accidents and Poor Manufacturing 

Sometimes, the cause of a truck accident is not the fault of the truck driver. Sometimes, the truck driver did everything in her or his power to drive safely and to follow all traffic laws. The cause of your terrible collision could be the fault of the company that designed, manufactured, and distributed the truck. If this is the case then you can sue for compensatory damages under a theory of products liability. Products liability law says that a manufacturer is strictly liable if you are injured as a result of a faulty design. Strict liability means that as long as you can prove there was a defect in the truck, you do not need to also prove that the manufacturer was negligent or committing an intentional tort. There are three types of product liability classifications. They are defective design, defective manufacturing, and defective marketing. Because the operation and use of trucks are widely known, defective marketing would not apply. An experienced truck accident lawyer in Salt lake City UT would know how to go about the investigation to gather sufficient evidence for your case.

Truck Accidents and Bad Breaks

Many truck accidents occur because the truck has bad breaks. Trucks weigh a couple to a few tons, so any collision that involves a truck is likely to be catastrophic and can quite easily result in one or more deaths. It is imperative that all trucking companies routinely inspect their tires. If they fail to conduct regular inspections and a faulty tire is the cause of your truck-related accident, you can sue the trucking company for negligence.

Respondeat Superior

The legal theory of respondeat superior states that that employer should take the fall, or blame, for the employee’s actions. In other words, you and your attorney would go after the truck driver’s employer or trucking company instead of the actual person behind the wheel of the truck. But be mindful that there are some exceptions to this rule. If the truck driver is an independent contractor, instead of an employee, then you may not be able to seek recovery from the employer. If the truck driver injured you while s/he was on a detour (i.e., s/he was doing something completely unrelated to the work task), or s/he was merely commuting to or from work, as in, not officially during work hours, then you cannot sue the employer or trucking company under this theory. If you have been injured in a truck accident, then it is only sound to immediately contact the best truck accident lawyer Salt Lake City UT has to offer, the lawyers at Rasmussen and Miner. We are a committed law firm of experienced personal injury, truck accident lawyers who have garnered large payouts for our clients, and who have assisted in winning them settlements that will make them whole again. Because a truck-related collision can leave you with severe, long-term damage, if it does not kill you, you will want to put the future of your recovery in the reliable hands of Rasmussen and Miner Attorneys at Law.

What are some of the regulations trucking companies must follow?

Many commercial tractor-trailers pull one or more detachable trailers and are used to transport various goods and equipment. It is common for drivers of these trucks to travel great distances. Under the regulations of the Federal Motor Carrier Safety Administration, a driver of a commercial motor vehicle (such as a semi-trailer truck) is not permitted to drive when his or her ability to drive is impaired due to fatigue or illness to such an extent that it is unsafe to drive. Further, drivers can only be on the road for a limited number of hours. For example, an individual driving a truck carrying property can only drive a maximum of 11 hours after he or she has been off duty for at least 10 consecutive hours. A Salt Lake City UT truck accident lawyer knows that some of the other issues that truck regulation addresses include retention of the driving log, the size and weight of the vehicle, required maintenance of the truck.

Who can be held liable for a truck accident?

Despite the regulations placed on the trucking industry, accidents still occur. Some of the more common reasons why accidents occur include because the driver is under a tight deadline, deprived of sleep, or distracted due to using a cellular phone or other devices. When these accidents occur, there are many individuals or entities that potentially can be held liable, including:
  • The driver
  • Trucking company
  • Owner of the truck
  • Truck manufacturer
  • Parties responsible for inspection or maintenance
While the number of potentially responsible parties may increase the chance of a successful claim by the plaintiff, it also introduces a greater level of complexity than accidents involving passenger vehicles. Another issue when making a claim for a truck accident is dealing with the truck company’s insurance claims adjuster. The levels of insurance that truck companies must carry are quite often significantly higher than what a driver of a passenger vehicle must carry. As a result, claims adjusters will work very hard to limit the liability of the company.

Contact Our Firm for Help Today

If you have been injured in an accident involving a large truck or commercial vehicle, call an experienced Salt Lake City UT truck accident lawyer from Rasmussen & Miner today and find out what legal recourse you may have.

The Real Dangers of a Truck Accident

Any accident that causes personal injury deserves investigation, and with the help of a truck accident lawyer Salt Lake City, UT trusts, you can get the compensation you need to get your life back on track.

At Rasmussen & Miner, we know that an accident can change your life, and we know that you need all the help you can get. Read on to learn more about how a truck accident can be much more serious than a car accident, and see why it’s so important to get in touch with a lawyer who cares.

Catastrophic Injuries

A truck accident is much more than your “ordinary” car accident. While every accident is different, being involved in a crash with an eighteen-wheeler is much more dangerous than a fender bender in a parking lot. If you’ve been involved in an accident with a semi truck, chances are you’re feeling completely overwhelmed, and you may need to relearn how to live your life.

When it comes to personal injuries, there’s a major difference between injuries and catastrophic injuries. While most injuries such as broken bones or whiplash are recoverable, catastrophic injuries are typically permanent, and can completely change how you live. Some examples of catastrophic injuries include spinal cord injuries, paralysis, traumatic brain injury, and amputation.

An accident involving a truck is much more likely to result in a catastrophic injury. An eighteen-wheeler is gigantic, and while cars are intended to keep their occupants safe, there’s no guarantee that your car will keep you protected in the event of a collision with a semi truck. A truck accident is serious, and has the potential to inflict catastrophic injuries. All the more reason to get in touch with a Salt Lake City truck accident lawyer.

Why Should I Contact a Lawyer?

Catastrophic injuries mean potentially lifelong disability, and lifelong financial drain. Aside from relearning how to live your life and find a new normal, you’ll have to find a job that you can still perform, or resort to disability checks to keep yourself and your loved ones afloat. Catastrophic injuries deserve legal action, and with the help of a qualified lawyer, you can make your injuries a bit easier to live with.

When you get in touch with a truck accident lawyer, you get a legal representative who can investigate your accident and determine who was responsible for your injuries. And, once your lawyer has found the responsible parties, you can get justice and the monetary compensation you need to keep yourself out of financial hot water.

Contact Us Today

You shouldn’t have to pay for your injuries out of pocket, and you shouldn’t be stuck battling with insurance companies when you’re dealing with serious injuries. Fortunately, you can take legal action, and get in touch with a lawyer who can fight on your behalf for the money you need.

At Rasmussen & Miner, we know how challenging it can be to live with catastrophic injuries. If you’ve been involved in an accident involving a truck, don’t hesitate to take steps to get your life back. Get in touch with us today, and see how a Salt Lake City truck accident lawyer from our office can help.

What Should I Do if I’ve Been Involved in a Truck Accident?

Although truck accidents are extremely dangerous, when it comes to the immediate aftermath, there are many similarities to a run-of-the-mill car accident. If you’ve been involved in a truck accident, you need to pull over if possible and make sure everyone around you is safe. Keep a cool head, and call for emergency services as needed. Additionally, take photos of the accident and get the contact information of everyone involved, including witnesses. If you’re reading this, chances are you’ve already been involved in a truck accident. It can be a frightening experience, but don’t worry if you haven’t followed these instructions to the letter. When you get in touch, you and your lawyer can work closely together to ensure your case goes as smoothly as possible. In fact, getting in touch with a truck accident lawyer in Salt Lake City UT is a necessity if you’re facing hefty medical bills. Who Pays in the Event of a Truck Accident? Who pays for your medical bills depends on the circumstances surrounding your accident. If you were involved in an accident with a trucker who’s an independent contractor, they’ll have their own insurance that should pay you. On the other hand, if the truck was part of a corporate fleet, the company’s insurance will pay instead. What’s important is that you don’t pay a cent if your accident was caused by someone else’s negligence – and that’s where a truck accident lawyer comes in. How Can a Truck Accident Lawyer Help Me? When you’re involved in a truck accident, the last thing you should be worried about is excessive paperwork and financial instability. Insurance is supposed to cover the cost of your accident, but you need to make sure you get paid enough – and on time. If you’re dealing with stingy or hesitant insurance providers, and your accident was caused by someone else’s neglect, you should reach out to a qualified truck accident lawyer. The right truck accident lawyer can help you get the financial compensation you deserve. Reach out to Rasmussen & Miner today to get started.

What to Do If You’re Pulled Over for a DWI

Getting pulled over by a police officer for suspicion of drunk driving can be a nerve-wracking experience. However, what you do afterward can have a big impact on the outcome of your case. Here are a few steps to take if you’re pulled over for a DWI.
  • Remain calm. While you may be very nervous, panicking will do you no good. Take a deep breath and pull over immediately to a safe spot. Remain in your vehicle and wait for the police officer to come to you.
  • Be polite. Even if you believe the stop is unwarranted, you should still be courteous to the police officer. If you yell at the officer or make any threats, it can be used against you later on. Always speak to the officer in a calm and polite manner.
  • Exercise your right to stay silent. Although you should be polite to the police officer, you’re under no obligation to give him or her information about your case. You only have to give the officer your full name, driver’s license, registration and insurance information. If the officer asks if you’ve been drinking, say that you don’t wish to answer any questions without a DWI lawyer in Salt Lake City, UT present.
  • Don’t take a breath test unless you’re officially arrested. In Utah, you automatically consent to a breath test if you are under the suspicion of driving under the influence. However, you don’t have to consent to a breath test until you’re officially arrested. If the police officer asks you to take a breath test before you have been charged, you can refuse it.

Consulting a DWI Lawyer

If you’ve been charged with drunk driving, it is important to discuss your case with an experienced DWI lawyer in Salt Lake City, UT promptly. A lawyer will fully investigate your case and fight for your rights. He or she will provide protection from the police and improve your odds of getting your charge reduced or dismissed. If you have been arrested for drunk driving, you may want to consult a DWI lawyer in Salt Lake City, UT from Rasmussen & Miner. A DWI can carry some stiff penalties. A lawyer can provide you with the best possible defense and protect your legal rights. Schedule a consultation with a DWI lawyer in Salt Lake City, UT today.

Understanding ‘Guilty Beyond a Reasonable Doubt’

It is the job of a prosecutor to show that the defendant is guilty beyond a reasonable doubt. To do this they may accumulate evidence and attempt to remove any doubt from the case. When a DUI / DWI lawyer Salt Lake City UT respects is able to successfully argue how there is reasonable doubt, you increase your chances of winning.

Going to Trial

When DWI charges have been filed, a DUI / DWI lawyer Salt Lake City UT depends on should work diligently to resolve the charges through either a plea bargain or dismissal. Sometimes, a case can go to trial. The chances of you winning may depend on your lawyer’s ability to defend your charges in lieu of what the prosecution is saying. Character witnesses and evidence that shows you are a good standing citizen may also be used on your behalf. Going to trial without an experienced, private DUI / DWI lawyer Salt Lake City UT has to offer on your side is not recommended.

If you do find yourself needing to go to trial, it’s important to have a Salt Lake City DWI lawyer who knows your case and the law surrounding it and can fight for you. At the Law Office of Rasmussen & Miner, we have been representing clients in court for over two decades. We are a trial law firm and our expertise is taking your case to court and fighting for you. We are extremely well known in the legal community and it’s not uncommon to be referred to us other respected individuals in the industry such as judges, lawyers, and prosecutors. If you are going to take your DUI to court, make sure to call a DWI lawyer Salt Lake City trusts and respects at Rasmussen & Miner.

Next Steps to Take

After being bailed out of jail, it’s very important to follow the steps given on your DUI ticket in a timely manner. There are deadlines to requesting a hearing that must be followed and certain steps that must be taken to ensure you are best prepared to make your case. A DWI Lawyer Salt Lake City UT trusts can help guide you through the steps before your hearing.

One of the first things a DWI Lawyer Salt Lake City UT may ask for is your DUI report. According to Utah state law, an accused person has no right to see the evidence against them. They only receive basic notice about their right to trial. In order to see your report, you must request it in writing for the Drivers License Division at the same time you request a hearing.

In the report may be details describing how your driving came to the officer’s attention, any traffic violations you committed, your initial statements, speech and balance, any sobriety tests conducted by the officer, and whether or not you consented to a breathalyzer. It is important to gather all of the evidence you can so that we can best support and argue your case. A DWI Lawyer Salt Lake City UT relies on can help you to analyze your report and strategize the next steps you should take.

Apart from your DUI report, an experienced DWI lawyer in Salt Lake City UT may know that it is helpful to look for any video evidence of the crime. It is possible that there may be discrepancies between the report and the video which could help your case. If this was to occur, your attorney could be able to cross examine the officer under oath, forcing him to correct his testimony before the trial even begins.

Have Questions?

Should you still have questions about your charges, it’s advisable to speak with a lawyer atRasmussen & Miner as soon as possible. Any person who chooses to go to trail over a DUI without an attorney is leaving themselves extremely vulnerable and can be left with very little chances of winning. Consulting a DWI Lawyer Salt Lake City UT trusts to aggressively defend your case is of the utmost importance to get you the results you want. The more time we have to understand your case, the better we can prepare a strong defense. For a consultation with a DUI / DWI lawyer Salt Lake City UT residents rely on, please call (801) 683-9944.

What are the consequences of a DWI in Utah?

The severity of consequences for a DWI will depend upon whether this is the driver’s first, second, or third conviction. There can be both punitive consequences handed down from the court and long term social consequences that someone convicted of a DWI might face, including:
  • Jail Time
  • Loss of License
  • Alcohol Education Courses
  • Fines
  • Community Service
  • Legal Costs
  • Difficulty Obtaining Employment
  • Impacted Friendships
  • Difficulty with School Admissions
  • +More

How will a lawyer benefit a DWI case?

It’s advantageous to contact a lawyer for an opportunity to reduce possible consequences. Lawyers have intimate knowledge of the legal process, and specifically DWI proceedings. A lawyer will look closely at the case details to determine whether any mistakes were made during the arrest process and determine the client’s most appropriate form of defense. With a lawyer, it’s possible to have charges reduced or even dismissed altogether. While there are several short-term consequences, there is also a long-term impact that a DWI conviction can have on a person. Once the dust has settled, the conviction may come back to rear its’ ugly head months and even years later, impacting future opportunities. It may be possible to avoid some of these consequences with experienced and reliable legal representation from Rasmussen & Miner. To schedule an appointment to fight your DWI charge, contact our Salt Lake City, UT DWI lawyer before it’s too late. After being charged with a DWI, enlisting the representation of a DWI lawyer in Salt Lake City, UT, should be a top priority. While it may be possible to represent yourself, the consequences can be costly if convicted. A lawyer will provide the best opportunity to get the charges reduced or dismissed. Most people don’t intentionally plan to overconsume alcohol and drive under the influence. However, when inhibitions are lowered, it can be easy to innocently get behind the wheel of a vehicle without realizing that driving is not the best decision. DWIs carry heavy consequences in addition to social implications as well. No person wants to experience the stigma associated with a DWI conviction, and it’s important to know that a conviction can follow a person for quite some time. Such charges can impact the ability to drive and even gain employment; additionally, fines and penalties are often costly, a person may even experience increased insurance premiums as well. Because of the potential impact, a DWI conviction can have on a person- reaching out to our team at Rasmussen & Miner can assist with answering questions and providing experienced representation.

Field Sobriety Test Results

A Salt Lake City UT DWI lawyer can also use field sobriety test results in their defense of the driver. While these tests are often used by law enforcement to determine a driver’s sobriety, they are considered subjective – meaning it is the officer’s interpretation of the results that are used as evidence and not a concrete determination. Field sobriety tests can include standing on one leg, reciting the alphabet backward, and walking heel to toe in a straight line and back again. The tests themselves can be difficult even for a person who is not under the influence. If a person has poor coordination or is suffering from certain physical conditions, that can have an impact on the test and make a driver appear as if they have been drinking when they have not.

Chemical Testing

Police also rely on chemical testing to determine what the driver’s blood alcohol concentration is. Anything over .08 percent is considered legally under the influence. However, even these tests can be flawed. The machines used must be properly maintained or they can give inaccurate readings. There are also outside influences that can affect the results, including certain health conditions, as well as the use of certain products, like mouthwash and medications. If you have been charged with drunk driving in Utah, you may be facing some serious consequences if convicted, depending on the circumstances of the arrest and whether you have any prior DWI convictions. Not only could you lose your driving privileges, but you may also be facing jail time and hefty fines. A DWI lawyer in Salt Lake City UT can help defend against these charges and obtain the best possible outcome based on those circumstances. If you are facing drunk driving charges, make sure you have an aggressive Salt Lake City UT DWI lawyer defending you. Call Rasmussen & Miner today to find out how we can help.