When a truck is involved in an accident, the consequences can be catastrophic for everyone involved. These are huge vehicles that weigh a lot, therefore the impact of being hit by one is often equal in measure. The repercussions of this are significant physical injuries, big bills, time off work, and a hit to your mental health too. Being involved in an accident like this can cause all sorts of problems, and that is why you’re here, to find resolution and a way to move forward. This guide exists to tell any victim of a truck accident of the challenges you could face when making a claim against the trucking company.
Your Recovery Journey
The majority of statistics claim that victims of truck incidents are often hurt more than typical vehicle collisions. This means there is a very real potential for grave personal injury or even a wrongful death claim on behalf of a loved one. This can all be difficult enough, without having to engage with the complex nuances of a legal negotiation, and that is where a vehicle accident lawyer or wrongful death law firm like us will come in handy.
The Type of Injury
Usually, these serious injuries include brain injuries, broken bones, spinal injuries, or internal injuries. Sometimes, it is a combination of the above, and this means expensive medical bills are possibly lifelong pain. There are bound to be surgeries, aftercare and potentially ICU stays that will all add up and make life extremely worrying at a time where you are already in a great deal of pain and facing uncertainty. That is why you are at risk of accepting a low settlement offer, which, when all is weighed and measured, is not acceptable for your wellbeing.
Proving the Truck Driver Was to Blame
Proving fault in a truck-related incident is difficult, even when it should be straightforward. While trucks tend to be hooked up with telematics and similar black box style data, there is always a risk that this is wiped or misplaced before your claim can be properly assessed. When it happens that there is insufficient evidence that proves what you are claiming to be true, or the adjuster and opposing attorney suspect you were partly to blame, or even that there is more than just you that has been affected, the whole process becomes a little bit more difficult to prove. Even if you know in your heart of hearts that the truck driver caused the accident, it will take the skills of a truck accident injury lawyer to secure concrete evidence and combat any counterattack.
Not Enough Evidence: What Can You Do?
If you are struggling to find evidence, your attorney will step in and make decisions that will help things get where they need to be. It is vital that if you ever find yourself in a situation like this, you follow the legal advice closely, and act in the following ways.
When the Accident First Occurs
Immediately after the accident happens, you need to get to safety and then check for injuries. Call 911 so a police officer is in attendance and an ambulance crew can help where it is needed. These two things will be important further down the line when you are trying to collect evidence about what happened. Both the police report and ambulance log will prove that what you’re saying is true and can provide a strong foundation to build your case.
Exchange Information
Then it will be time, if you are able to do so, to exchange information with the truck driver and anyone else who is involved at the scene. Make sure you take note of names, registrations, contact numbers, and the details of the truck company.
Take Photos
Photographs of the scene will be helpful for the claims process and will be a useful tool for combatting any challenges that concrete imagery could prove either way. Even if you were too injured to take pictures at the time, there is a strong possibility that someone did, and you need to ask for access so that it can be used in your case.
The Truck Company’s Insurance Won’t Pay
Truck accidents, because of the nature of damage inflicted, are often very expensive. Despite this, insurance companies that cover trucks and truck corporations do not always have significant policy limits. These limits will play a part in what you can claim, and it is difficult to get around. For example, a private truck hauling hazardous goods or liquids should have millions of dollars in coverage, but even this is sometimes not sufficient to cover all the damages that a case like this can cause.
The Company Moves to Protect its Reputation
If it is apparent that their driver was at fault, a company will move fast in order to protect their best interests. While this is not always fair, it is just the way of the world and an unfortunate business practice. Reputation is everything, and they don’t want to be seen as accident riddled or unfair to employees. Therefore, there is always a risk, as with facing off against any major chain or industry, that there will be pressure applied to you, the victim, to settle. They will want things handled quickly and quietly, so staying out of court is always the primary goal.
However, if you are offered a lower settlement figure than your attorney deems appropriate, don’t quit. There is always room for more negotiations, and it is extremely important to keep pressing forward. Your potential settlement should cover the salary you have sacrificed during recovery, the medical bills, your pain and suffering, wrongful death and any or all major lifestyle changes.
Other Parties Also Make a Claim
While this may not affect you initially, if multiple parties come forward to claim against the company, it may increase the timespan of negotiations. The more people that are claiming, the longer the process will take. It also means if one person accepts a low offer, there will be increased pressure to do the same.
If you or your loved one are a victim of a truck accident, there are ways forward. The team at Karns & Karns Truck Accident Attorneys is here to help.
