Thousands of truck accidents occur in the United States every year. But let’s face it. Trucks are helpful but hazardous machines if mishandled. They’re harder to drive through tight spaces and once they pick up substantial momentum, bringing them to an immediate stop is almost next to impossible. This poses a threat to all road users – pedestrians, cyclists, motorcyclists, drivers, and fellow truck drivers.
It’s important to understand that a truck accident may occur at any time. Nursing any injuries is the first challenge a victim faces. Dealing with insurance is the next process that may require an Orlando accident attorney.
If you were recently involved in a truck accident, chances are, you’re looking for fair compensation from insurance. Here’s how to get paid for your injuries after a truck accident.
Understand the Basics of Personal Injury Law
Before making any claims, you need to understand a couple of things. First, a personal injury law case must have proof of negligence from the at-fault driver. The lawyer may obtain information on the events that took place right before the accident to understand your case better.
Personal injury lawsuits have a comparative fault rule in which the court determines who was responsible for the truck accident and to what extent. The court must also determine how the responsibility should be apportioned. For example, if you were 30% responsible for the accident, your compensation would be reduced by the same percentage.
You also need to consider the statute of limitations. In some states, the victim has two to four years to report the matter to the authorities. Waiting for any longer could lead to a dismissal. Therefore, it would be best if you contact your attorney as soon as possible after the accident. This helps keep the evidence fresh and the witnesses close until you’re ready to take on the truck driver or company.
Calculate The Settlement Figures
After establishing who the at-fault party is, the truck accident attorney may determine the level of the extent to which the at-fault party is responsible for the damages and losses inflicted. The attorney may also take into account:
- All kinds of losses you may have gotten from the accident.
- Any injuries sustained and their magnitudes.
- Any direct economic losses, for instance, lost wages, medical bills, property damage.
- Non-economic losses, e.g., pain and suffering inflicted by the truck accident.
Once you have a clearer picture of the settlement figures you expect from the insurance company, it’s time to move on to the next step.
Negotiations With the Truck Driver’s Attorneys or Insurance
After an accident, you need ample time to recover – and that’s one of the things an accident lawyer helps with. The attorney conducts negotiations with the insurance company on your behalf to ensure that your interests have been represented reasonably.
Dealing with insurance companies is a lengthy and tedious process. It may involve tons of paperwork, too many technical terms, and deeper discussions while disclosing the events that led to the accident.
The best way to handle insurance companies is to hire an attorney to work on your behalf. Trained and qualified attorneys know how the insurance companies work and the tricks used to extract statements that could be used against you in court. They understand the legal field, putting them in a better position to hold the negotiations on your behalf. If the negotiations fail to yield tangible results, the attorney may opt to take the matter to court.
Representation in Court
Some cases might end up in court if the insurance company and the injured party failed to come to an agreement. For instance, the insurance company may refuse to grant you sufficient settlement for your injuries. It would be best if you let a trained and experienced attorney handle the matter on your behalf in such circumstances.
Qualified attorneys are also good investigators – they dig up for anything that can help build a solid case. They collect and examine evidence from the scene, review your medical history, medical bills, surveillance footage, witness statements, etc.
From here on, it’s up to the court to determine whose fault it was and how much they have to pay for the damages.
Truck drivers have a responsibility to keep other road users safe by driving carefully. Once this duty is breached, there’s no telling what extent of the damage may be caused by a truck accident. The truck driver or truck company’s attorneys will most likely pin a big part of the blame (if not the entire blame) on you in an attempt to minimize the settlement amount. Therefore, it’s only fair that you should respond with the same aggressiveness. It would help if you got in touch with a truck accident attorney to help fight for your rights and pursue justice.