How Do Truck Accident Claim Process Work?

Truck Accident Attorney
Truck Accident Attorney

Most people are familiar with the process of accident claims. Both the drivers report the accident to their respective insurance providers and the insurance company for the at-fault driver works with the accident victim for settling the claim. However, in the cases of accidents involving big trucks, the accident claims can become really complicated.

If you have been injured in an accident involving a large truck, partner up with a good truck accident attorney for protecting your rights. After appointing a lawyer, here are the steps you can expect during the process of filing a personal injury claim.

Sign An Agreement With The Lawyer

First thing you need to do after deciding on the truck accident attorney is to sign an agreement with him. The agreement is also called a Letter of Engagement or Retainer Agreement. The contract should include the following:

  • Acknowledgment that the attorney-client relationship has begun and it is confidential.
  • Details about the fee percentages, expenses, and payment for recovering, or not recovering damages in the case.
  • Terms for canceling the agreement.
  • Declaimer of how the attorney will handle the case.

The style of contract may change according to the law firm you choose. Some contracts are very simple and some are really complicated, depending on the case.

Communicate Only To Your Lawyer About The Case

Limit your communication about the case to your lawyer when you and your legal team begin the claiming process. Commercial truck accidents are handled very differently than other accidents that involve passenger style vehicles because of the number of people involved like the insurance companies, the truck company claim adjusters, police, DMV and doctors.

Investigation And Collection Of Evidences

Proper evidences are really important for claiming the compensation. Work with your attorney to investigate and collect important evidences to build up your case. The basic evidences are your personal account of the truck accident, details about the treatments taken and review of police reports. These evidences can help your law firm to build a strong case and move forward with the claim. Collecting CCTV footages and locating additional eyewitnesses are also important for claiming compensation.

Send A Personal Injury Demand Letter

After collecting and reviewing the evidence, you can move forward with the demands. Your attorney will draft a personal injury demand letter and send it to the insurance company of the responsible person or business. The letter will contain a specific demand, the financial payment amount that will be accepted by the victim. The purpose of the letter is to inform the truck companies and their insurers that they will only be released from liability only under certain terms underlined in the letter.

Proceed Toward Settlement Or Trial

After receiving your letter the truck companies can evaluate their own case and decide their next move. They can accept your demand and move forward with an out of court settlement or file a lawsuit if they cannot accept your demand. Going to a trial is the best option if the truck company is not accepting your demand. A judge or jury will make the final judgment for your truck accident personal injury claim if all the other strategies fail.

Dealing with the Concerned Trucking Company after a Truck Accident

Truck Accident Law Firm
Truck Accident Laws

When a truck and a passenger vehicle are involved in a collision, the size and weight of a truck used to transport goods put those in a passenger vehicle at serious risk. These accidents usually result in serious bodily injuries and even demise.

If you were involved in a truck collision, then you may be having mounting medical bills as you require long-term treatment. You may have lost wages as you missed time on the job to recover from both your debilitating emotional trauma and injury. The experienced team of professionals at a truck accident law firm can help negotiate a reasonable settlement, while at the same time make the situation fair for aggressive trucking firms and their insurers.

Understanding the US Commercial Trucking Segment

American Trucking Associations reports the commercial trucking sector has to transport more than 70% of all shipment tonnage in the nation. Combined, these big automobiles have over 10 billion tons in freight annually, transported by over 3.5 million drivers.

Commercial trucking firms make more amounts of money by raising the number of products and loads they transport. This creates a perk to take shortcut routes and make safety less important than profit, expressly encouraging truck drivers to speed up, skip compulsory brakes, carry much more weight than what they should, or take other risks to safety.

As a result, around 5,000 individuals throughout the nation are involved in deadly truck-related collisions annually with thousands more severely injured. Loaded commercial automobiles can weigh maximum 75,000 pounds more compared to passenger vehicles, which mean those in the smaller autos are at a higher risk of getting fatally injured in an accident with a truck.

Trucking Companies and Legal Responsibility

Trucking businesses may be held liable for the negligence shown by the drivers they employ. Under the “vicarious liability” principle, employers are liable for the acts of their workers which fall in the course and scope of their employment.

Still, several truck drivers are regarded as independent contractors, not those working for trucking companies. They accept work on a per-job basis. Federal regulations can still help victims hold this type of company liable for accidents caused by those independent contractors.

The companies may also be held legally responsible when the collision was caused by one who had a poor driving record or sleep disorder or who was inexperienced or dependent on drugs.

Guide to Truck Accident Law in California

Truck Accident Attorney
Truck Accident Law

If you are in an accident that involves a commercial truck, you need to protect your interests immediately after ensuring medical care. Even if you were the driver of the California truck that was in an accident, the laws involved are quite complex when it comes to truck accidents. When the insurance agencies, other parties, and trucking companies are involved in the accident, getting justice becomes a complex process. This is why it is advisable to consult a truck accident attorney in such an event. Below is a discussion on the things you have to do after a truck accident.

Things to Do Right after an Accident

Who to Call

Call 911 is someone is injured. If there are no casualties, call local law enforcement and do not leave the site. If a large truck is involved, law enforcement has to visit the site to start documenting the location properly. It is possible that the driver’s employer or other people may have a responsibility along with the truck driver. Due to this, detailed police reports help string these incidents together. Regardless of your location, make sure you contact the insurance agency.

Collecting Information

Had over information with others who are a part of the accident. This includes details like contact information, name, license number, insurance information, and car registration number. While collecting information from a commercial truck driver ensures that they provide the commercial driver’s license (CDL) details.

Witnesses and Evidence

It is good to collect data or evidence from any witness of the accident. If you are able to collect photos of the vehicles or the vehicles involved from different angles, it will be useful for the trial. Do not forget to collect data regarding physical factors that might have led to the accident. This includes signs or branches that may have been in the site. This type of evidence has a way of being knowingly eliminated to erase the evidence. Therefore, prioritize photos.

DMV Report

Note that California’s laws require that all the parties submit their reports within 10 days of the accident if there are certain circumstances involved. This includes situations where a death or an injury is involved. It is also applicable for damages above $1,000. The report should be sent to the state Department of Motor Vehicles. If you have approached a trusted insurance agent or a lawyer, they could do this on your behalf.

Keep the above factors in mind when you are involved in a truck accident.