Kan Dail
Truck accidents, especially if commercial or large trucks are involved, can be very catastrophic. According to the National Safety Council, about 5,700 large trucks were in a fatal crash in 2021. The vehicle’s sheer size and the full loads they usually have are enough to cause much damage on the road. In addition to property damage, truck accidents can also cause serious injuries that can sometimes be fatal.
Whether you’re a truck driver or the driver of one of the other vehicles that may become casualties in a truck accident, it is essential to know how to protect yourself physically and legally. If you’re in an accident of this scale, you will need extensive medical care. Therefore, you must ensure that the at-fault party is responsible for your financial losses.
In this article, we will help you understand your rights and how to demand fair compensation. Read on as we explain the processes of truck accident claims and how to prove liability.
What to Do if You’ve Been in A Truck Accident
According to the ABA (American Bar Association), you can claim compensation without going to court if you’ve been in a truck accident. However, not all cases are the same. Sometimes, you may need to go to court if the negotiation with the insurance company falls through or they deny liability altogether.
There are many layers specializing in truck accident claims and lawsuits. First, you need to gather evidence to identify the liable party and prove negligence that caused the accident or injuries. If you’re working to settle with a defendant, you must file an injury demand letter. You should also think about negotiating with the trucking company’s insurance when it comes to a settlement.
The claims process and litigation can take months or years. But some cases have been resolved several days after the accident. Depending on your state, you must file for a claim or lawsuit within two years from the accident date. Do not disregard the statute of limitations in your state, or you’ll be unable to claim compensation.
Who Is Liable in a Truck Accident?
Part of the claiming process for truck accident compensation is determining who is liable for the damages. If the accident happened even though the driver exercised due care or was not under the influence, the liability would fall on their employer – usually the trucking company.
And as you may know, all companies operate by trying to reduce their responsibility and avoid paying for damages. It’s in their company’s interest to lower their overhead cost, including financial obligations in case of accidents. Thus, it is essential to be prepared to prove liability so the company won’t have the chance to lowball you.
In a truck accident, you must prove the driver and truck company owed you a reasonable duty of care and failed to meet such duty of care. You also need to prove that the injuries you sustained and the damages accrued directly resulted from that. Though proving negligence is straightforward, proving who is at fault can still be challenging. Thus, seeking help from an experienced lawyer who can advise you on what to do next is necessary.
As for truck drivers, federal law mandates that all drivers have a minimum liability coverage in case of accidents. With this, the insurance will cover the truck’s damage and driver’s injuries if the driver is responsible for the crash.
What Type of Damages Can You Recover in a Truck Accident?
A big truck accident has immediate and long-term consequences not just for the injured victims but also for their families. As such, recoverable damages can provide compensation to help with all the financial burdens of steep medical bills and lost wages.
Your filing can include claims for economic and non-economic damages. Monetary damages include claiming compensation for lost wages and costs of medical expenses. You must submit a copy of your payslip or other proof of the salary you should receive if you haven’t been injured. As for medical bills, you can present receipts for all the medical bills, laboratory tests, and therapy or recovery fees. You should also submit all your medical records to prove your claim.
The recoverable damages that you can claim depend on your case. If you’re unsure what to do, it is better to consult an experienced lawyer who can help you get a fair amount of settlement. A lawyer can also help you calculate non-tangible damages, such as emotional and psychological harm.
Mistakes to Avoid When Filing for Truck Accident Claims
Dealing with a truck accident can be overwhelming. As such, you can find yourself making critical decisions that lead to mistakes. As a result, the accident claims process becomes more arduous, and sometimes, the settlement amount is lower.
Every case is unique, but there are common pitfalls to avoid when dealing with accident claims. First, make sure to take legal action promptly. It is essential to follow strict legal deadlines, as waiting too long to act may result in denying claims, or you’ll be unable to pursue compensation altogether. Also, gathering evidence and witness statements is crucial when the incident is still fresh on everybody’s minds.
Never accept the company’s initial settlement offer when dealing with insurance agents. Most insurance companies operate with their bottom line in mind, so they will try to reduce their responsibilities. Ultimately, you may have barely enough compensation to cover all your medical expenses.
Do not give recorded statements without consulting a lawyer. Insurance adjusters are likely to request one from you, which could undermine your claim. These people are skilled in asking leading questions, and you may admit to a fault without realizing it. Lastly, never neglect your health. Even if you look and feel fine after the accident, you should seek medical attention. Following prescribed medical advice and treatment procedures can also help strengthen your accident claims.
Navigating the complexities of the accident claims process when you’re in a truck accident can be overwhelming. But with enough knowledge and understanding of what to do and avoid, you can improve your chances of getting favorable compensation.