Accidents are a common occurrence on the highways and roads across America.
While most involve collisions between motor vehicles resulting in car accidents, a smaller percentage include trucks.
These accidents, however, typically result in more severe injuries due to the size and weight of the vehicles involved.
Common truck accident injuries include traumatic brain injuries, bone fractures, and spinal cord injuries which can leave individuals in chronic pain, mental and emotional distress, and in some cases, permanently disabled.
As a result, victims of truck accidents can find themselves facing large medical bills, loss of income due to their inability to work, and other financial hardships.
In this article, we will help you understand your legal rights following a truck accident so you can pursue a personal injury claim and receive the compensation you deserve.
Filing a Claim
Before filing a claim following a truck accident, it is important to establish the element of negligence needed to hold the relevant party or parties liable for your accident.
In some cases, the fault could lie with the truck driver, however, in other instances, it may lie with their employer or a third-party such as the truck manufacturer or cargo loading company.
Determining fault when there are potentially multiple parties involved can be a complex process and one that will require specialist help.
It can be helpful to seek guidance from a personal injury law firm such as Jay Pickering Law which can investigate the cause of your accident to determine fault and help you pursue your claim against the correct party.
Gathering Evidence
The next stage is to gather evidence in support of your claim.
Some key evidence used in truck accident cases includes the following:
- Police reports: Police officers will typically arrive on the scene when a truck accident is involved. Their report of the accident can serve as valuable evidence from an impartial, yet credible third party as to who was at fault. By obtaining the police report you can begin building a strong case.
- Vehicle data: Data captured by the truck can also serve as crucial evidence for building your case. This includes things like black box recorders which contain information such as the truck’s speed and braking patterns at the time of the accident, and dashcam footage which can provide real-time video evidence of the events leading up to, during, and after the accident.
- Medical reports: Medical reports not only prove the existence of your injuries but also detail their nature and extent. This is important for assessing damages in truck accident claims and can also serve to counter any defenses by insurers that suggest your injuries were caused by a pre-existing condition and not the accident itself.
Entering Negotiations
The expertise of an attorney can be especially helpful at the negotiation stage of a claim.
Insurance companies are often known for making low-ball offers or using bad faith tactics or other strategies to minimize their liability and payout.
A truck accident attorney will be familiar with these tactics and will ensure they do their best to negotiate on your behalf and secure a settlement that accurately reflects your losses.
By following these steps, you and your attorney can greatly improve the outcome of your case.
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