posted byLA Attorneys GroupJanuary 13, 2021
Being involved in a commercial truck accident can be a traumatic experience involving physical, emotional, and financial damages.
However, if you find yourself in this position, hiring a professional injury attorney will ensure that you get the compensation you deserve.
If you have been in an accident with a commercial truck, read to learn more about:
Although the moments following an accident can be chaotic, there are a number of important steps to take to ensure your safety and the strength of your case in court.
The first step to take after being involved in a commercial truck accident is to evaluate any physical injuries and to get these injuries examined by a doctor.
In many cases when someone is involved in an accident, increased adrenaline mitigates the amount of pain that person feels, meaning you could be more seriously injured than you think. Therefore, it is important to visit the doctor to ensure that you haven’t suffered any serious injuries. Or, if you have suffered serious injuries, to get them treated right away.
Once being evaluated by a doctor, it is important to collect any medical bills for treatment that was necessary as a result of the accident. These documents serve as evidence in court and you could possibly be compensated or reimbursed for these costs.
The next step you should take if you are involved in a commercial truck accident is to gather as much information as possible.
Gathering information in this context means to accumulate evidence that can serve as support for your cases, such as photos of the scene, your injuries, and damages to your vehicle, as well as gathering the information of the truck driver.
However, since your health is the number one concern, if you are unable to gather information at the scene due to injuries, a report of the accident will likely be filed.
The most important pieces of information to collect are: the driver’s name, address, phone number, email address, and license number.
Additionally, similar to an accident with a non-commercial vehicle, you will need to collect the driver’s insurance policy information.
Finally, it is important to collect the name and contact information of the truck driver’s employer.
Once the police have been notified of the accident, they will file an accident report, which you should request a copy of for additional legal evidence. However, this report may not always contain extensive details, making your efforts to gather information even more important.
Additionally, if there are any witnesses at the scene, try and collect witness statements or witness contact information.
All of this information can help determine who is at fault in the accident. With the right evidence, you can get maximum compensation for your losses.
In order to get compensation for your losses in the accident, you must file a claim with your insurance company. You should notify both the trucker and the company they work for that this claim is being filed.
Once you have notified your insurance company of the accident, they will provide an insurance adjuster to review the case and provide a settlement, dependent on who is determined to be at-fault for the accident.
Commercial truck accidents differ from other car accidents because the truck driver is employed by a trucking company or works as an independent contractor. This slightly complicates the claim process because it may mean more than one party is at fault.
For example, if the truck driver is hired as an independent contractor for a transport company, both parties may be held responsible for injuries.
The state of California follows two types of negligence laws: at-fault negligence laws and comparative negligence laws.
At-fault negligence laws state that the driver truck must be deemed responsible for the accident for you to file a claim and seek compensation.
Comparative negligence laws state that the amount of compensation you can obtain will be reduced according to the percentage of your contribution to the accident.
For example, if you claimed $20,000 of damages, and the insurance company evaluates that you were 20% at fault, your compensation will be reduced to $16,000.
In either case, it is important to contact an injury attorney to evaluate the case and the settlement.
A professional injury attorney can help you navigate the legal consequences of a commercial truck accident.
Not only will they inform you of the negligence laws in the state and how they function, but they will also help you frame the evidence you collect to help prove that the truck driver is at fault.
Additionally, a professional injury attorney will ensure that you are getting sufficient compensation. Once insurance adjusters evaluate the case, they will offer you a settlement. However, these settlements do not always provide adequate compensation for your losses.
In this case, a professional injury attorney will help you file a lawsuit to fight for a fair settlement.
If you have been injured in a commercial truck accident and are hoping to receive significant compensation for your injuries and losses, we can help.
Contact us today to find out if you are eligible to pursue legal action, such as filing a lawsuit or insurance claim.
The lawyers at LA Attorneys can help you get the settlement you deserve so that you can recover from this traumatic experience.