Truck Accident Insurance Claims:
A Comprehensive Guide by Dressie Law Firm
Find out how to navigate truck accident insurance claims with this comprehensive guide from The Dressie Law Firm. Call us to schedule a free consultation.
Trucking Accidents and the Claims Process
While only a small percentage of accidents are caused by semi-trucks, truck accidents often result in the most severe injuries and damages. If you have been involved in a truck accident due to someone else’s negligence, you may be entitled to compensation for your losses.
However, going through a truck accident claim process may not be easy, especially because insurance companies often try to minimize your damages or deny liability. It’s also difficult to determine liability as there may be multiple liable parties, including the truck driver, trucking company, truck parts manufacturer, and government agencies.
Consider working with a truck accident lawyer to increase your chances of recovering maximum compensation for your damages.
Award-winning, experienced, and compassionate attorneys at Dressie Law Firm can handle your truck accident case and ensure you get the justice you deserve. With years of experience and a proven track record, we possess the skills necessary to navigate the complexities of truck accident claims. Our dedicated legal team will relentlessly protect your rights and ensure you receive fair compensation.
Understanding the Basics
What Constitutes a Truck Accident?
Truck accidents are accidents that involve commercial trucks with a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds or more. This huge size and weight make truck accidents more likely to cause significant property damage and bodily injuries than smaller vehicle accidents.
Common Causes of Truck Accidents
Multiple circumstances sometimes cause truck accidents, and such accidents can be devastating. Some typical truck accident causes are:
Driver fatigue and distraction
Defective parts, including brake system failures, tire blowouts, and steering issues.
Poor weather conditions
Lack of training or experience
Overloaded or improperly loaded trucks
Reckless driving and speeding
Failure to comply with federal and state trucking regulations
Steps to Take After Truck Accidents
Truck accidents can be traumatic and disorienting, but immediate action is crucial for your safety and potential legal claims. Here’s what you should do in the moments after a truck accident.
Move to Safety
The first thing is to ensure you are safe. If possible, check yourself and others for injuries and call 911 to get medical help if anyone is wounded. Do not relocate injured people unless there’s an immediate threat.
Report to the Police
Ensure you report the collision to the police. Even if the accident was not severe, you should report it to the police because insurance claims require police reports. When police arrive, cooperate fully but don’t admit fault or apologize to anyone at the scene, especially the other motorist.
Evidence is essential after a truck accident to create a compelling case. If you are physically capable, you want to document the accident as much as possible.
Take videos and photos of the accident scene from different angles. Include road conditions, skid marks, traffic lights, and the involved truck and vehicles.
Note down eyewitness comments and contact information.
Other evidence you can obtain later on for your claim include:
The police report
Medical records, medical bills, repair shop bill
If equipment failure is suspected, obtain truck maintenance and inspection records.
Surveillance footage (if available)
A truck accident attorney can take care of investigating the accident and obtaining the necessary evidence for your claim.
The Truck Accident Claims Process
Insurance claims are one way to get compensation for your damages. Georgia is an at-fault state, so you must file your claim with the at-fault party’s insurance company.
Here’s how truck accident claims work:
Consult an Attorney
Although you can file your claim without the help of a lawyer, that may not be the best move. A qualified attorney experienced in truck accident cases can provide legal guidance, handle your claim, and explain your rights and options.
Your attorney will investigate the accident to establish liability. This involves collecting evidence, speaking to witnesses, and assessing the circumstances to identify responsible parties. The evidence you collect from the scene is vital, so make sure you share it with your attorney.
Truck drivers are often the liable party for trucking accidents. If this is the case, prepare to file your claim with the truck driver’s insurance company.
File the Claim
Once liability is determined, it is essential to initiate your claim as soon as possible. Truck accident claims can be complex and time-consuming, so the sooner you file, the sooner you can recover compensation. You have up to two years from the accident day to file a claim. Your truck accident lawyer will file your personal injury demand letter with the insurance company with the relevant supporting documents.
Negotiate a Fair Settlement
The insurance company will assign you an adjuster who will investigate the accident and estimate the damages. They will then make a decision: accept your claim, deny it, or make a counteroffer. Your lawyer is likely to negotiate for a higher settlement.
Settle or Sue
Depending on the outcome of the negotiation process, you can either settle and sign the settlement agreement or take your claim to court. Your attorney will advise you on the best course of action.
The Role of an Attorney in Truck Accident Claims
An experienced truck accident attorney plays a vital role in truck accident claims, guiding you through the process from start to finish. Here’s how they can assist:
Investigation: Attorneys can conduct a thorough investigation and collaborate with experts to obtain strong evidence. Their experience in truck accident claims means they know what evidence is needed and where to look for it.
Negotiation: They can negotiate with insurance and trucking companies on your behalf. They ensure you receive a fair settlement that covers your medical expenses, lost wages, property damage, and pain and suffering.
Litigation: In cases where negotiations fail or a fair settlement cannot be reached, your truck accident attorney can file a lawsuit and represent you in court. A court award may be higher than the insurance company’s settlement offer.
Dressie Law Firm Can Help You
Dressie Law Firm is your trusted partner in pursuing justice and fair compensation after a truck accident. When you choose Dressie Law Firm, you choose a legal team of 24 dedicated professionals and over two decades of experience.
Call us to schedule a free consultation.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!