Truck accident cases can be challenging and determining fault might be complicated. Insurance companies will pounce on any opportunity to shift the blame for the accident, your injuries, and other losses from their insured to you to avoid making any payments. Having a truck accident attorney empowers you to fight back.
Contact a lawyer to discuss your options after a truck accident. Do not just take the bullying tactics that insurance companies use to avoid making the payments that you are owed.
Do not hesitate. Call a truck accident lawyer today to start getting your life back on track after a truck accident.
How Do Truck Accidents Happen?
Truck accidents happen for a variety of reasons. Depending on the facts of your case, you may experience some attempted blame-shifting from the insurance company. An attorney can counter arguments from the insurance company.
Here are some common reasons that truck accidents happen:
Improper Lane Changes or Merging
A proper investigation of an accident is important, especially if the accident happened because of an improper lane change. This gives the insurance company the basis to deny your claim if they can blur the lines of fault.
Tire Blowouts
A tire blowout can easily cause a truck accident. The size of the tires on a commercial vehicle can cause life-threatening damage.
Blind Spots
Trucks have large blind spots on all sides, especially in the rear, front, and long sides. A driver may not see another vehicle when changing lanes or merging, and if they do not check their blind spots properly, they may inadvertently cut off or collide with another vehicle.
Failure to Yield
Failing to yield can cause a serious accident. Sometimes, truck drivers may fail to yield the right of way, run red lights, or make unsafe lane changes. In some cases, this can result from misjudgment or trying to save time. Violating traffic laws can lead to dangerous situations, especially in intersections or when merging with traffic, leading to accidents.
Poor Road Conditions
Potholes, debris, uneven surfaces, construction zones, or poorly marked roads can create hazards for truck drivers. Due to their size and weight, trucks are more vulnerable to these road hazards. Poor road conditions can cause trucks to lose control, especially if drivers cannot navigate obstacles or lack adequate warning signs.
Weather Conditions
Severe weather conditions can leave the cause of the accident in a gray area. An insurance company might use the weather as a reason to blame you for causing the crash. Speak to a truck accident attorney and have them protect you so that you do not get railroaded by the insurance company.
Speeding
Speeding is one of the most common causes of accidents across the country. A speeding accident with a commercial truck can be devastating.
Distracted Driving
Distracted driving includes anything that takes a driver’s attention off the road. A distracted truck driver can cause an accident that leaves the victim with life-changing or deadly injuries.
Driver Fatigue
Sleepy or drowsy drivers cause accidents every year nationwide. Even falling asleep at the wheel for even a moment can cause a serious accident.
Investigating The Facts Is Crucial
After a truck accident, you must get a thorough investigation into the facts of the case. The specifics of the accident will be crucial in determining the fault. Law enforcement, insurance adjusters, and lawyers will investigate the scene, gather evidence, and determine how much each party contributed to the accident.
You should speak to an attorney with experience representing victims who allegedly share some fault for the accident. They can oversee the process and the complexities of assigning fault.
How Can a Truck Accident Lawyer Help Me If I Am Partially To Blame?
Insurance companies will work hard to avoid making a payment for your injuries and losses, including trying to assign some amount of blame to you. An experienced attorney is here to seek the recovery you deserve and avoid bad-faith negotiation tactics often used by insurance companies.
Here are some examples of bad faith tactics insurance companies use to undermine an accident victim’s claim.
Manipulate Evidence or Testimony
Insurance may attempt to use false information or manipulated evidence to undermine your case. An example of this type of manipulation can include hiring biased experts who minimize the cause of the accident or exaggerating minor details to make the victim appear more at fault than they were. Work with an attorney to gather credible evidence and reliable expert testimony to counteract these manipulative tactics.
Intimidating or Harassing Claimants
Some insurers might use intimidation or harassment tactics to discourage you from filing a claim to make you feel obligated to accept a lower offer. Threatening reduced benefits, implying that you will face serious consequences if you do not settle quickly, or repeatedly calling and pressuring you for a decision. Document all communication and inform the insurance company you are consulting an attorney. If harassment continues, your attorney can intervene and stop these tactics.
Pressuring Victims to Settle Quickly
Insurance companies often use pressure tactics to get you to settle quickly after an accident. Offering a quick settlement soon after an accident, before the victim has had time to fully recover or assess the full scope of their damages. Accident victims should never accept a settlement until they have had the opportunity to speak to an attorney about the viability of their claim and its estimated monetary value. Never bend to the pressure to settle quickly after an accident.
Using Delay Tactics and Strategies
Insurance companies might use certain strategies to delay the claims process, such as denying the claim without proper justification and then defending the denial in court if necessary. An insurance company will also delay the process by repeatedly requesting more information or filing unnecessary paperwork to make it as difficult as possible for you, with the intention of wearing you down or forcing a settlement.
Intentionally Underestimating the Severity of Your Injuries
Some insurance companies will intentionally underestimate the severity of your injuries to keep from paying you the settlement amount you deserve. Insurance adjusters may minimize your injuries or exaggerate weaknesses in your case to offer a lower settlement. Discounting your medical records, suggesting that your injuries are not as serious as you claim, or relying on an inadequate or biased medical evaluation are all strategies that insurance companies use to downplay your losses.
An attorney might use an independent medical evaluation to determine the value of your losses. A truck accident lawyer can ensure your injuries are rigorously evaluated.
Failing To Investigate Claims Properly
Insurance companies might attempt to conduct a less thorough investigation to keep from paying a claim. Examples of inadequate investigation can include:
- Not interviewing witnesses.
- Ignoring important evidence that can prove liability or damage.
- Failing to gather police reports.
Denying Legitimate Claims
Insurance companies often deny legitimate damages claims to protect the company’s bottom line. Denying a claim for medical expenses after an accident despite the fact that the injuries are clearly covered under your policy. An attorney can greatly benefit you after an improper denial. If your claim is denied, an attorney can help by requesting a clear, written explanation from the insurance company. You can also file an appeal.
Misrepresenting The Policy
Some insurers try to misrepresent the terms of the truck accident insurance policy to downplay their liability. Insurance companies may attempt to deceive policyholders by misinterpreting or misrepresenting the terms of the insurance policy to reduce their liability. Tell a claimant that certain damages are not covered under the policy when they are or suggest that a claim is not valid based on a misreading of the policy’s language.
Offering Lowball Settlements
Insurance companies may offer a settlement that is much lower than what you are actually entitled to, hoping you will accept it because you are unaware of your full damages or pressure to settle quickly. Offering a quick cash settlement to an injured person without considering the full extent of their medical bill, future treatment, lost earnings, and pain and suffering. Never accept a settlement offer from an insurance company until you speak to and get the advice of legal counsel.
Delaying the Claims Process
Insurance companies might try to delay the claims process. The idea is to wear you down so that you are more likely to accept a lower settlement offer than you deserve. For example, an insurance company might take excessive time to respond to your claim or ask for the same documentation repeatedly, even after you have already submitted everything. An attorney can ensure large insurance companies do not walk over you.
There are things that you can do to help protect your case. Having an attorney is the best way to protect yourself against bad-faith insurance company tactics. Here are some examples:
Consult a Truck Accident Attorney
A lawyer can use their experience to avoid underhanded insurance company tactics. Your lawyer can explain your rights and assert them against the insurance company.
File a Complaint
You can file a complaint with your state’s insurance regulator or ombudsman, who can investigate and sometimes intervene on your behalf. An attorney will prepare and file your complaint to initiate your case on the right foot.
Pursue Legal Action
If the insurance company’s actions are illegal or significantly harmful, you can file a lawsuit for bad faith. Many states allow you to seek additional damages in bad-faith lawsuits.
What Damages Are Available After a Truck Accident?
The types and amounts of damages available in a truck accident vary depending on the circumstances surrounding the crash. There are three categories of damages for which a plaintiff collects compensation, including the following:
Economic Damages
Economic losses after an accident are the tangible losses that victims face after a truck accident. Economic damages are typically easy to identify, but reviewing your case with an attorney can be helpful to ensure that you do not leave anything out when reviewing your losses.
Here are some examples of common economic losses after an accident:
- Current and future medical expenses
- Current and future lost income
- Property damage
- Lost earning capacity
Non-Economic Damages
Non-economic losses are intangible losses after an accident that are usually hard to identify or quantify. As an accident victim, you are entitled to recover for all of your losses, so it is important to discuss what you have suffered in the aftermath of a truck accident with an attorney.
Here are some examples of common non-economic losses after an accident:
- Pain and suffering
- Reduced quality of life
- Loss of enjoyment of life
- Inconvenience
- Disability
- Embarrassment
Punitive Damages
Punitive damages might be available in your case to additionally punish the defendant and deter extremely outrageous behavior in the future. Punitive damages are only available in specific states and might not be available in your case. Discuss the ability to recover punitive damages with your attorney.
How Long Do I Have To Sue After a Truck Accident?
You do not have an unlimited amount of time to sue after a truck accident. Every accident case is subject to the statute of limitations, which is a deadline set by the state’s civil procedure rules for filing a lawsuit for damages. Your attorney can help remove the stress of meeting these deadlines and following other procedural rules off your shoulders so you can focus on your physical recovery.
Contact a Truck Accident Lawyer Today
A truck accident attorney can do what it takes to seek what you deserve after an accident. You need legal representation if you have been injured in a trucking accident. Large insurance companies and third parties will try to blame shift after an accident. Never accept wrongful blame from powerful parties following a traumatic event; they know you are in a vulnerable position and will use it to their advantage.
Call a personal injury lawyer today to start getting your life back on track after a truck crash. The right representation can benefit your future, so seek your free consultation now.
