Potential Steps to Take After a Truck Crash

Truck Accident Attorney
Truck Accident Lawyer

Trucks rolling on the roadways are one of the common scenes in the United States. Obviously, the number of truck accidents as well is high here. However, a truck accident is different from most other road accidents; be it the case of weight, size of vehicles, the intensity of accidents, the severity of damages, claiming for damages, etc. Plus, you can hold multiple parties responsible for a truck accident. All these factors may, however, confuse people. Unsurprisingly, some truck accidents victims tend to take some missteps that can entirely ruin their case out of this confusion. To tackle this, there are four important points that a truck accident victim must do post the crash.

Seek medical attention

The first step you must take after a truck accident is to take medical assistance. Needless to mention, your safety and health are the most significant factors here. Sometimes, you may miraculously escape from the truck crash with some mild injuries. However, seeking medical attention is mandatory in this case as well. Note that you cannot rule out the chances of an underlying injury such as hairline crack, internal bleeding, etc., unless you get yourselves checked thoroughly. Additionally, some injuries will not show any symptoms or pain until later. Besides, not seeking medical attention can ruin your claim and it will be hard for you to prove that you were injured because of the truck accident. If you are worried about the medical expenses, you can claim for it later.

Report the accident

Another important thing that you must do after a truck crash is to call the police and report the case. Never ignore this step even if the accident caused little or no damage. It is to be noted that reporting accidents are required by the law. Plus, you can use it as a piece of evidence while claiming for your damages in court.

Contact your insurance company

This is one of the most crucial steps and you must never miss it at any cost. Note that contacting your insurance company and filing a report is important to get a favorable result. In case you are not in a condition to file the report by yourselves, any of your close family members of your truck accident attorney can do the job. Note that the latter will be a better option since an expert truck accident lawyer will be able to deal with your insurance company agents well.

Never speak to the insurance agents of the defendants

The insurance agents of the defendant might try contacting you. If possible, try to avoid them. Otherwise, talk to them as little as possible. Note that they will be so cunning that they may twist your own words against you in court. It will be really hard for an untrained person to resist their trap. Besides, never sign in any documents without consulting your truck accident attorney no matter what.

5 Important Causes of Truck Accidents

Truck accident
Truck Accidents Causes

Truck accidents are catastrophic almost all the times. The truck itself weighs around 80,000 pounds and it is much more compared to a passenger car weighing around 40,000 pounds. This incredible size and weight of the truck adds to the danger it can cause. Hence the truck accidents must be taken more seriously compared to the normal car accidents. Here are five major causes of truck accidents in California.

Error of the Driver: This can be either the error of the truck driver or of the driver of the other vehicle. In most cases truck accidents occur due to the faulty driving of the other vehicle. But sometimes it can be error on the part of the truck driver as well. The driver maybe drowsy or under the influence of alcohol or drugs, or he might be driving distractedly or recklessly.

Poor Maintenance of Vehicles: If the trucking company, the driver and the maintenance crew fail to properly check and confirm the working condition of the truck, accidents might happen. Since the trucks run thousands of miles every day, it is common to have some issues with the machinery. This must be inspected regularly and assured as out of danger.

  • Failure of the Equipments: Sometimes the equipments may fail to work properly while the truck is running. There might be some manufacturing defect with the machinery. In this case if the accident happen, the manufacturer of the defective part, truck manufacturer, trucking company and also the repairing mechanic will be held liable.
  • Poor Weather Conditions: Some truck drivers may not have enough experience in driving through difficult weather. This might result in an accident. Rain, snow and ice can be the main adversities the truck drivers have to face. The slower stopping speed of the vehicle can also cause accidents. The drivers should travel at an appropriate speed always to avoid skidding accidents.
  • Problems in Loading the Cargo: This can also be a reason for the truck accidents to happen. The industry specific rules must be followed in loading the cargo on the truck. If failure happens in the loading process, it can lead to the cargo falling off the truck bed and resulting in big accidents.

Truck accidents can happen due to several reasons. It is the responsibility of each and every party involved in the manufacturing and usage of the truck to make sure that they are fulfilling their responsibility in the proper way. Also the new technological advancements like sensors, telematics and real- time monitoring can be used to ensure the safety of the truck on the road. In this way truck accident and tractor trailer accident can be reduced to a large extent.

Frequently Asked Questions About Truck Accident

Truck accident
Truck Accident FAQs

If you have ever seen a big truck crashing into a small car or other vehicle, you would surely know the fatality of that accident. The injuries that one may suffer from such an accident can be very dreadful. You might have even thought about the sufferings you would have gone through if you were in the same position of the person who suffered the crash. It is natural for your mind to be disturbed when you go through such a situation.

If you or your loved one gets injured in a truck accident, here are the common questions that may pop out of your mind. It is good to know the answers to these questions even beforehand so that you can recover from the accident at your best, in the earliest if you ever go through one.

What Is To Be Done Immediately After The Accident?

Immediately after the crash you will not be in a mental state to figure out things properly and to take some decisions. The first thing you need to do is to inform the police. The police will take the statements from all the parties present on the scene including the two parties involved in the crash. There might be some people who had witnessed the accident and their testimonies are also very important.

Though the police will do these things, it is important for you to do the same. You must document all the things that happen there and collect all the evidences which are available on the spot. Get the witness statements recorded. Also assure that you have taken the pictures of the crashed vehicles and the injuries in different angles so that later it can be referred to. Sometimes you may lose some of the evidences later and so be careful to get them as soon as possible.

Should I Hire An Attorney?

The help of an experienced truck accident attorney can be invaluable in your truck accident case. You might not be able to go much far in your case by yourself, because of your lack of experience and knowledge of the law and the legal proceedings. An attorney can guide in all these and also reduce much of your work for the furtherance of the case.

There will also be attempts by the defendant to spoil some of the evidences. A lawyer can understand this and take proper action in favor of you. Also there will be need to consult and seek the help of the experts for making the case strong for you. An experienced truck attorney can surely help you to get the rightful compensation for the injuries you suffered in the truck accident.

How Can I Get My Car Fixed?

You might be missing your work and hence not having money even for your daily necessities. It can trouble you greatly about how to fix the car which was damaged in the truck crash.

Your insurance company can help you sort out this problem. They are indebted to pay you the compensation. If the collision is not part of the insurance deal, you have the choice of going through the insurance of the trucking company. You can also seek the help of a personal injury law firm which can help you to have a rental car and also can help to contact the witnesses who can be crucial in the case.

Should I Answer The Questions Of The Insurance Company?

There is nothing wrong in answering the questions posed to you. But be careful so as to not speak something which can turn against you later. Sometimes they may use your own words against you later to weaken your claim. It will be wise for you to seek the help of an attorney at first so that he can guide you through all these.

What Should I Prove To Win My Case?

For you to have a strong claim in your truck accident case you must be able to prove the negligence of the truck driver and the other parties involved. The common examples of negligence are drunk driving, over speeding, running a red light, avoiding a stop sign, texting while driving etc. It is on the basis of this negligence factor of the trucker that you can pursue your lawsuit.

What Will Be My Recovery In The Truck Accident Case?

Once you have proved the negligence and liability of the defendant party, you will have the right to recover the damages. Depending on the seriousness and severity of the injuries that you suffered in the truck accident, you can get monetary compensations. This will include reimbursement of the medical bills, lost wages, property damages etc. In cases where your damages from the accident are so traumatic, the attorney can consult with an expert to determine the future monetary loss you can have through medical treatments so that, the amount can also be reimbursed to you.

There might be many more questions you have about the truck accident you suffer. An experienced truck accident attorney can help you get proper answers for your questions.

The Possibility of your Truck Accident Injury Claims Going to Trial

Truck Accident Attorney
Accident Injury Claims

Unlike most other road accidents, truck accidents can end up with devastating and traumatic results. Mostly, the victim will have to suffer from catastrophic injuries such as spinal or brain damages, multiple fractures, amputation, etc. Hence, it is significant to hire a truck accident attorney and file a truck accident lawsuit against the person who caused the accident. This way, you will get coverage for your financial loss including lifetime treatment, transportation, loss of income, etc. Plus, you can claim compensation for your emotional stress, pain, and mental suffering.

However, most personal injury cases including truck accident claims are usually settled out of court, particularly when multiple parties are involved. Note that most people who are held liable for the accident may prefer to get over with the case as soon as possible and may offer fair compensation to the victim. This is a good option for victims as well since they will not have to wait for a longer period of time to obtain their compensation. Nevertheless, there are certain instances when the truck accident cases or any other personal injury cases go to trial. Some of those circumstances are listed below.

  • The involved parties do not offer the complete compensation that the victim is entitled to
  • When the accused or the involved parties do not agree on the level of their negligence or fault that lead to the accident
  • The accused opt to provide coverage only for physical injuries. As mentioned earlier, a truck accident victim is entitled to get compensation for financial loss, pain, and mental stress as well.

Even though it may take months or even years to settle your case through the justice system, it will be the only way to obtain the compensation that you deserve in certain cases. Furthermore, some people will be confused about whether or not to agree to out of the court settlement. For this, it is recommended to consult an experienced truck accident attorney and discuss different aspects of the case and come to a conclusion. The main factors that your truck accident lawyer may assess to solve this dilemma may include;

  • If the settlement amount is enough for the victim to recover from the injury?
  • Does the settlement amount be sufficient to deal with the medical bills as well as the present and the future treatment expenses related to the injury?
  • Can the victim cope up with the loss of income or ease his/her financial burden with the compensation amount?
  • Does the settlement establish the role of the defendant in the truck accident case?
  • Does the settlement is enough to compensate for the pain and suffering of the victim?

So make sure your lawyer assess all these points when handling your case.

The Benefits of Having a Lawyer in a Truck Accident Case

Truck Accident Attorney
Truck Accident Case

The damages caused by a truck accident can be very much higher than that caused by other vehicle accidents. The heavy size and weight of the truck adds to the effect of the damages caused. Sometimes the effects can be long lasting.

If you or your loved one has met with a truck accident, you must know that there is a time limit in which the lawsuit must be filed. It depends on the state law. Also it should be kept in mind that the trucking companies will be at work to use all possible ways to defend themselves. It is better for you to get the help of a truck accident attorney, so that you can be at ease, as the attorney will take care of the legal side of the case.

Here are some of the benefits of seeking the assistance of a truck accident attorney in your truck accident case.

  • Find out the Liable Parties: The first thing that a truck accident attorney can do is to find out the liable parties. It is your responsibility to prove the negligence of the driver and the trucking company. The first step in this is to obtain the police report of the accident. The lawyer will study the case to know if any other parties are involved in the case. Sometimes the truck manufacturers and other related parties can be found to be responsible.

Since there is the statute of limitation the liability claim must be made within this statute.

  • Gather The Necessary Evidences: Since the court needs essential evidence to prove the liability of the truck driver and the company, the accident attorney can help to gather and preserve the necessary evidence. There is chance for the spoliation of the evidence and an attorney can help collect the evidence before it is destroyed.The evidences include driver logs, GPS data, black box data, maintenance records etc.
  • Meet The Necessary Ones: Sometimes there will be the need to meet the doctor who is treating you and get a written report of the injuries. Also there might be the need to negotiate with the insurance companies and the truck company. A truck accident attorney can do all these on your behalf. Also meeting with trucking experts will be necessary in some cases to know if there had been violations of any specific rules.

Seeking the help of a truck accident attorney reduces your effort to a great extent and helps you to have peace of mind since you can be assured that justice will be served.