What Happens When I’m Involved In a Truck Accident?
Being in a traffic accident, especially with large trucks, may bring dramatic changes in your life. Most truck crashes cause severe property damage and serious bodily injuries. In some unfortunate cases, it can even result in a wrongful death. Statistics show that four thousand eight hundred and forty-two fatal truck crashes were recorded in 2020.
If ever you catch yourself in a truck crash, here are the commonly asked questions to help you resolve your truck accident claim.
What To Do After A Truck Accident
As a pedestrian or vehicle passenger
- Check if you need medical assistance and call 911 immediately
- If you can, move to a safe location
- Ask for the driver’s name, contact details, and trucking company if there are any
- Search for evidence such as witness testimony
- File an accident report
- Reach out to a legal expert to help you with your truck accident claim
As a truck driver or occupant
- Check if you or any victim needs medical attention
- call 911 shortly after the incident
- Ask for the victims’ names and contact details
- Gather necessary evidence
- Cooperate with law enforcers on the scene
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When Is A Company Liable After A Truck Crash?
In most cases, truck drivers are almost immediately dismissed after an accident. Truck drivers usually have contract-based work, which allows an employer to terminate their contract swiftly, depending on the nature of the incident. They are also liable for the truck crash when proven to have violated a trucking standard or protocol.
However, trucking companies are also held responsible for truck accidents when:
- They failed to keep proper truck driver training
- They did not maintain the trucks in appropriate condition
- They did not supply truck part upgrades when necessary.
- They intentionally carried an overload of freight.
- They imposed strict driving schedules where truck drivers did not have enough time to rest.
These circumstances may require extensive leg work and legal expertise to be proven. It is highly recommended that you contact a personal injury lawyer to help determine the actual cause of the accident and pursue the truck accident claim.
Should I Accept The First Settlement Offer From The Truck Driver’s Insurance Company?
Accepting the first settlement offer from the truck’s insurance company after a crash is not advisable. First offers are usually the least restitution you can get from the company. You might not consider the long-term damages from the accident when you take the first settlement offer. In addition, by accepting this, you are unlikely to move forward with the truck accident claim. This is why you must reach out to a legal expert who can calculate the total damages from the incident and negotiate for the full value of your case.
How Long Do I Have to File My Truck Accident Claim?
In California, the Statute of Limitation to file a lawsuit for a truck accident claim is two (2) years after the incident. This means you are given two years after the accident to file and prove the case. With the given limitation, it is advisable that you seek legal guidance immediately after the accident. This is so you can to maximize all resources in proving your case. In addition, insurance companies are likely to investigate and deny your case when you wait too long before pursuing the truck accident claim.
What Are the Challenges of a Truck Accident Claim?
Being in a truck crash can be frustrating, confusing, and devastating. Most victims need a long time to heal and recover. It also requires extensive work and knowledge when dealing with a truck accident claim. There are several challenges that you may encounter when pursuing your case, such as:
- Lack of evidence
Sometimes, victims are severely injured that they no longer have the energy and time to gather evidence from the scene. Without substantial evidence, truck accident claims may be challenging to prove. - Pressure from large companies
Large companies have the connections, power, and resources to pressure you into accepting the initial settlement offer. They can contact their legal team to intimidate you or any other victim, especially if you have limited knowledge of the law. - Taking advantage of the injured state
Some insurance companies lowball victims in a state of shock and vulnerability. Usually, victims need money to cover the medical bills, hospital visits, and other expenses necessary for recovery. Insurance companies then grab the opportunity to offer a reduced settlement to cover these immediate costs and expenses.
When you face these complexities and challenges, it is highly recommended that you consult with a personal injury lawyer who can help you prove your case. An injury lawyer can:
- Calculate damages
- Deal with paperworks and meetings
- Manage communication
- Fight for the best settlement
We at Jacoby and Meyers provide the highest level of service. We have extensive experience dealing with truck accident claims and a proven track-winning record. With us, you will get your normal life back in no time.
Give us a call today at 888-960-0480 for a free consultation. We are available 24 hours a day, seven days a week, to help you.
Call or text 888-522-6291 or complete a Free Case Evaluation form
