Have you been involved in an accident with a truck? Are you wondering what your options are and whether you even have a case? Those are common questions drivers find themselves asking after a truck accident, and while the answer isn’t always cut and dry, some facts and tips can help you choose the right course of action. Karns & Karns Truck Accident Attorneys have gone ahead and provided a cheat sheet of the top questions you should ask an attorney regarding a truck accident. These will help you determine what your best plan of action should be.
How Do I Prove the Accident Wasn’t My Fault?
This is probably one of the most-asked questions that people have after being involved in a truck accident. While they may be firm in the fact they weren’t at fault, the truck driver will be insisting on the same thing.
Ask your attorney how they plan on building your case and proving you weren’t the negligent party. During the initial consultation, they will be collecting facts and listen to your account of the accident. From there they should start to get a feel for how they will proceed. They will want copies of the police report, your medical records, any photos or documentation of the accident, the driver’s logbook and so forth.
Some of the most common causes of truck accidents include:
- Equipment failure
- Driver error
- Speeding
- Improperly loaded cargo
- Poorly maintained trucks
- Distracted driving
How is Compensation Determined?
If you have suffered injuries – emotional and/or physical – because of the accident, then compensation needs to be determined. Ask your attorney how they will set the amount, and what is considered fair compensation.
There is no typical dollar amount; instead, each case will be unique and focus on the immediate care needed and how your injuries affect your future. If you’ve sustained serious injuries that are life-altering, then you may not be able to work ever again, you may need constant medical care, and even concessions made to your home so you can properly function.
Generally speaking, compensation will be divided into two categories, which are non-economic damages and economic damages. Having these two categories makes it a little easier to break down monetary impact.
Compensation can cover such things as:
- Emergency room visit(s)
- Surgery
- Hospital care
- Doctor appointments
- Assistive devices
- Future medical appointments
- Wages lost from the time of the accident to the lawsuit
- Future loss of earning capacity
- Pain and suffering, intangible loss
This isn’t an exhaustive list as you may have more to add to it. It depends on the extent and type of injuries you have sustained.
What If the Insurance Company Wants to Settle for Less?
Once you come up with a compensation amount that you and your attorney feel comfortable asking for, don’t be surprised if the insurance company wants to settle for less. They aren’t in the business of giving out endless money, so they want to pay as little as possible.
This is another case where you need to rely on your attorney to give you solid and factual advice. They can advise you as to whether it is a fair settlement or if you should decline and keep pushing for more money. It’s a fine balance, as you want to get the compensation you deserve but settling out of court is typically quite appealing.
What Happens If You Don’t Win My Case?
You hire an attorney to represent you with the belief you will have a much stronger chance of winning your case, but unfortunately, that isn’t always true. Sometimes attorneys lose the case and are unable to prove the other driver was at fault. Then what? Ask your attorney what the policy is should they lose the case. Some go as far as to say you won’t pay them unless they win, which means you aren’t taking a big financial risk.
Fees need to be discussed in advance of your hiring the attorney to ensure you’re not in for a nasty surprise.
Do I Really Need to Use an Attorney – Can’t I Represent Myself?
There are indeed no rules that state you need to use an attorney, and you are welcome to represent yourself but it’s important you think that through. You will be going up against a powerful insurance company that will do everything in its power not to pay compensation or at least settle for an unfair and small amount. Because you don’t have experience dealing with insurance companies, the process can prove incredibly time-consuming and stressful.
Think about what you may be going through during this time. If you’ve been in an accident with a truck and have injuries, then recovery should be the top priority, not going to battle with an insurance company that is out to win and clear themselves of having to pay out. You won’t know the ins and outs of the process, the rules, the regulations and your rights so you have an immediate disadvantage, and a big one at that.
It’s also worth noting that there may be more than one party involved and who can be found negligent. It could be the truck driver and the trucking company. This means you’d essentially be dealing with multiple parties, which is overwhelming, to say the least.
By hiring an experienced attorney, you can essentially remove yourself from the process and not have to worry about the stress that it causes. You’ll need to answer questions that your attorney asks as they build your case, but you don’t have to deal with the truck driver or their insurance company.
We invite you to give us, Karns & Karns Truck Accident Attorneys, a call and learn how we can help you out. We are here to take your stress away and fight for the compensation you deserve and are owed. We have offices in California, Texas and Nevada.
Call us and let us take charge so we can win your case.
