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.