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What Is the Truck Accident Claims Process Like?

Published on Feb 11, 2025 at 3:58 pm in Truck Accidents.

What Is the Truck Accident Claims Process Like?According to a report by TruckInfo, there were more than 168,000 truck accidents in 2023. Roughly 32% of these involved injuries and around 3% resulted in one or more deaths.

These truck accidents can be overwhelming and complex, and victims are often left unsure of what steps to take next. The claims process for a truck accident can often involves multiple parties, detailed investigations, and negotiations with insurance companies.

Understanding how the process works can help accident victims protect their rights and pursue fair compensation.

Seeking Medical Attention

The first and most important step following a truck accident is to seek medical attention immediately.

Even if you think your injuries are minor, it’s essential that you get a medical evaluation as some injuries, like whiplash or internal trauma, don’t always present symptoms right away but can worsen over time.

The medical records from this visit will also play a vital role in documenting your injuries and connecting them to the accident, which will strengthen your claim.

Getting prompt medical care also ensures that you’re ready to face any future disputes later about the severity or timing of your injuries. Insurance companies may argue that delays in treatment suggest the injuries were not serious or unrelated to the crash.

Reporting the Accident

After addressing immediate medical needs, it is important to report the accident to the police.

Police officers will write an accident report, document the scene, take witness statements, and note any violations of traffic laws. This report is vital in establishing fault and liability during the claims process.

You should also notify your insurance company as soon as possible. Provide the basic facts about what happened, so your insurer can start investigating your claim – but avoid admitting any fault. Also, truck accidents often include commercial vehicles, so it’s also necessary to report the crash to the trucking company’s insurer.

Investigating the Accident

The investigation phase is critical in determining fault and building a strong case. Truck accidents often involve multiple factors, the most common of which include:

  • Driver errors
  • Mechanical failures
  • Violations of federal regulations

Attorneys and insurance adjusters typically review police reports, photographs, and witness statements to piece together what happened.

Investigators may also examine the truck’s “black box” or event data recorder, maintenance records, and the driver’s logbook. These records can reveal whether the driver exceeded hours-of-service limits, drove while fatigued, or failed to maintain the vehicle properly.

Such evidence can help prove negligence and establish liability.

Determining Liability

Truck accident claims are often more complicated than standard car accident claims because multiple parties may share liability. The truck driver, trucking company, cargo loaders, and even manufacturers may be responsible, depending on the circumstances.

For example, a trucking company may be liable if it fails to conduct proper background checks or enforce safety regulations. Cargo loaders might bear responsibility if improperly secured cargo caused the crash.

Identifying all parties who are potentially liable is essential to pursuing the full compensation you’re due.

Filing a Claim

Once liability is established, victims can file a claim with the appropriate insurance companies.

Most trucking companies carry substantial commercial insurance policies, which means higher coverage limits but also more aggressive legal teams. You should be prepared for insurers to scrutinize every detail of the claim and may attempt to minimize payouts.

Filing a claim involves submitting medical records, repair estimates, and other documentation to support the damages.

It’s best to work closely with an attorney to ensure that all paperwork is as accurate and complete as possible, to help reduce the likelihood of delays or denials.

Negotiating a Settlement

Negotiating a fair settlement is often one of the most challenging parts of the claims process.

Insurance adjusters may offer low initial settlements in hopes of resolving the case quickly. You should avoid accepting these offers without first consulting legal counsel.

An experienced attorney will negotiate on your behalf, and present evidence to make a strong case for maximum compensation. Settlement negotiations may involve back-and-forth discussions before a fair amount is agreed upon.

If negotiations fail, your case will likely proceed to litigation.

Litigation and Trial

When settlement negotiations don’t result in a fair offer, you may choose to have your attorney file a lawsuit and take the case to court. Litigation begins with a “discovery phase,” which is where both sides exchange evidence and depose witnesses. Attorneys may also call expert witnesses to testify about accident reconstruction or medical evaluations.

During a trial, attorneys present their arguments, and a judge or jury will determine the outcome of your case. These trials can be lengthy and are often stressful, but sometimes, they can result in higher compensation.

However, most cases settle before reaching this stage, as litigation is expensive and time-consuming for everyone involved.

Receiving Compensation

Once a settlement or court verdict is reached, you can receive compensation for your damages.

This typically includes compensation for your medical expenses, reimbursement for lost wages, property damage, and any pain and suffering you’ve experienced. In severe cases, this compensation may also cover long-term rehabilitation or permanent loss of earning capacity.

Compensation payments can be made as a lump sum or structured payments over time, depending on the details of your settlement agreement.

Your lawyer will make sure that any deductions, like legal fees and medical bill liens, are deducted from your payment before disbursing the funds.

The claims process for truck accidents can take time and get complicated, and each phase requires careful attention to the details, but by understanding the steps involved, you’ll be better prepared for what lies ahead.

Working with an experienced truck accident lawyer like ours at Pittman, Roberts & Welsh, PLLC can make all the difference in unraveling the legal complexities and securing justice and maximum compensation.

With the right support, you and your family can stay focused on your recovery while our legal team handles the challenges of your claims process.

How Often Do Truckers Speed?

Published on Sep 10, 2024 at 3:11 pm in Truck Accidents.

How often do truckers speed?

Truck drivers, in general, cannot spend all day on the road. Long-haul truckers, for example, must abide by the federal Hours of Service rules, which generally limit them to spending 11 hours behind the wheel of their truck.

Given how many employers in the fleet industry pay their tractor-trailer operators on a per-mile basis, many of them see it as worth the risk to drive faster to get done hauling their load sooner rather than later. By doing so, they often believe it will make them more appealing to dispatchers to allow them to carry additional cargo since they can get it there quicker than anticipated, pleasing the customer.

How Long Can Truckers Drive During a Single Shift?

Published on Aug 13, 2024 at 3:08 pm in Truck Accidents.

Driving a truck can be a difficult job. When a driver is tired, it can cause that individual to have a slow reaction time and misjudge situations on the road, all of which could lead to a deadly accident. Fortunately, there are rules that state how long a driver can operate a vehicle on any given day. If they fail to abide by these regulations, it can mean fines and other serious consequences.

If you would like to learn more about how long truckers drive during a single shift, the legal team at Pittman, Roberts & Welsh, PLLC is here to help answer that question.

What Are the Spikes on Big Truck Tires Used For?

Published on May 28, 2024 at 3:12 pm in Truck Accidents.

What are the spikes on big truck tires used for

Driving down the interstate or on the streets of Jackson, you may see semi-trucks with shiny metal spikes sticking out of the center of their wheels. It draws your attention and makes you wonder why the truck driver put them there.

Tire spikes, also called wheel covers or lug nut covers, are not uncommon on big trucks, and you may have seen them on passenger vehicles as well. But what are the spikes on big truck tires used for?

Can You Ride in the Bed of a Pickup Truck in Mississippi?

Published on Mar 12, 2024 at 3:32 pm in Truck Accidents.

Here in the south, warm weather often beckons for outdoor adventures and road trips. Thus, the question of whether it’s legal to ride in the bed of a pickup truck in Mississippi arises frequently.

With its sprawling rural landscapes and deeply rooted truck culture, Mississippi offers plenty of opportunities for riding in the bed of a pickup truck. However, safety regulations and state laws govern this practice, prompting individuals to inquire about its legality and safety implications.

Let’s delve into the details to understand the rules and considerations associated with riding in the bed of a pickup truck in Mississippi.

What Percentage of Work Zone-Related Accidents Involve Large Trucks?

Published on Jan 16, 2024 at 3:32 pm in Truck Accidents.

What Percentage of Work Zone-Related Accidents Involve Large Trucks?

As you travel down the interstate, whether we’re talking about the ones that surround Jackson, MS, including I-220, I-20, or I-55, or even area highways, routes, and just your average surface streets, you’re bound to encounter your fair share of work zones. These are the ones where you’ll find county, city, or state workers tinkering away, fixing potholes, resurfacing or lining streets, and more. You may be accustomed to seeing roadside signs or public service announcements (PSAs) about worker safety and wonder how big of a problem work zone-related accidents must be—especially ones involving large trucks. Keep reading where we’ll discuss just that.

Why Hire a Lawyer for a Truck Accident?

Published on Jan 9, 2024 at 4:28 pm in Truck Accidents.

Why Hire a Lawyer for a Truck Accident?

Driving anywhere can be a risk, because even if we’re paying attention and driving defensively, other drivers around us may not be driving as safely as we do. This makes it all the more dangerous when we drive near large trucks like 18-wheelers because large trucks can’t stop or maneuver like smaller cars can, and they have much larger blind spots.

Accidents involving large trucks cause much greater damage and are often far more deadly as they can easily create a multi-vehicle accident. It’s important to know what courses of action are available if you’ve been involved in a large truck accident, and that information is easier to access and understand when you talk to experienced lawyers like our team at Pittman, Roberts & Welsh, PLLC.

Truck Accidents Involving Bad Weather

Published on Mar 24, 2023 at 3:58 pm in Truck Accidents.

Truck Accidents Involving Bad Weather

It takes a significant amount of skill and knowledge to safely drive tractor-trailers in even the safest driving conditions. When conditions are anything less than ideal, truckers must take extra care when sharing the road with other vehicles.

Unfortunately, even the safest and most experienced truck driver can still cause an accident—especially if the weather isn’t great.

Truck accidents involving bad weather can be especially severe, resulting in serious injuries and significant amounts of property damage. Bad weather doesn’t give truckers who cause crashes a free pass. Weather and poor driving conditions are not an excuse for negligence, and we should expect professional drivers to exercise even greater caution than usual when the weather is bad.

Data Suggests Trucker Drug Use Is on the Rise

Published on Mar 17, 2023 at 7:04 pm in Truck Accidents.

Data Suggests Trucker Drug Use Is on the Rise

Sharing the road with tractor-trailers can be stressful, but we trust that commercial vehicle drivers do everything within their power to travel safely on Mississippi roads. A recent report indicates that some of that trust could be misplaced.

Drug use among truck drivers and operators is at its highest levels since the establishment of the Drug & Alcohol Clearinghouse by the Federal Motor Carrier Safety Administration (FMCSA) in 2019. Let’s take a closer look at current drug use trends in the trucking industry and what that could mean for the safety of Mississippi motorists.

When Do I Need To Hire a Tractor-Trailer Accident Lawyer?

Published on Jan 13, 2023 at 5:44 pm in Truck Accidents.

When Do I Need To Hire a Tractor-Trailer Accident Lawyer
If you were involved in an accident with a large tractor-trailer, you may be owed compensation for expenses like medical bills, lost wages, auto repairs, and much more. Securing that compensation can be an uphill battle, though, especially if you are dealing with an insurance company that refuses to acknowledge liability.

Your ability to recover, repair your vehicle, and return to as normal a life as possible hinges on your ability to negotiate a full and fair settlement with the trucking company and its insurer. This is no small feat, and even the most well-intentioned accident victim will not have the skills and knowledge required to hold the trucking company accountable for what happened.

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