If you’ve been in a truck accident, you may wonder if hiring a truck accident attorney is necessary. The answer is simple: yes. While it can be tempting to handle the situation yourself, hiring an attorney with experience in truck accidents can make all the difference in the outcome of your case.
Truck accidents are complicated matters and often involve multiple parties, including the truck driver, the trucking company, and their insurance companies. Without the right truck accident lawyer, you will likely be at a great disadvantage when dealing with these powerful entities.
Don’t go through the aftermath of a truck accident alone. Hiring a truck accident attorney will provide you with the guidance, support, and legal representation you need to protect your rights and achieve a favorable outcome.
Consulting a Truck Accident Attorney
Of course, the first step after an accident is to seek full medical attention. However, your next move should be to consult a reputable truck accident lawyer. They will review your case and decide whether to proceed based on their evaluation.
If you are questioning whether to consult a lawyer at all, ask yourself the following questions:
- Do you have injuries?
- Did you incur any financial losses?
- Do you believe the truck driver or trucking company was to blame?
- Has an insurance company contacted you?
- Has an adjuster requested medical records or a recorded statement?
- Did an insurer make a quick settlement offer?
- Did the trucking company offer to settle the matter privately without insurance?
If you answered “yes” to any of these, immediately seek a free consultation with a truck accident lawyer. Never settle a claim privately or with insurers without legal guidance. Remember you do not have to – and should not – provide your history of medical records or a recorded statement to insurance adjusters.
Instead of guessing what to do or not do, speak with an attorney who can provide valuable advice.
Determining Liability
Many parties are potentially involved in a truck accident case, and it might be some time before the matter is settled. A truck accident investigation by your attorney might uncover the liability of multiple parties, including the following.
The Truck Driver
A truck driver who is directly responsible for the crash may have been negligent or reckless. This might include distracted driving, violating hours of service rules, aggressive driving, impaired driving, or any other traffic violation. Unqualified drivers can also be to blame.
The Truck Manufacturer
If the truck proves to be faulty because of a manufacturing error, the company that made the vehicle may be liable. Determining that a truck was defective can require extensive technical investigation.
The Trucking Company
Truck drivers are sometimes encouraged or forced to drive longer than they should, adding extra hours to an already long day. Trucking companies might also look the other way at unsafe driving, unqualified drivers, or other violations when they negligently retain dangerous drivers. Companies can also share liability when drivers cause accidents simply because they allowed the truck driver to operate a company vehicle.
Cargo Loaders
Many trucking companies use third-party cargo loading crews, and there are regulations regarding safe cargo loading and securement. When cargo loaders make mistakes, cargo can shift and throw trailers off balance, or overloaded trailers can cause braking issues, which can both lead to collisions.
If you file an insurance claim against the wrong party and cannot prove their liability, your claim will not succeed. Further, identifying all liable parties is important, as you want access to as much insurance coverage as possible. You need an experienced truck accident attorney investigating liability and gathering evidence to build a strong claim.
Filing Insurance Claims
If you were affected by a negligent truck driver, trucking company, or another party, the first step in seeking compensation is to file one or more insurance claims. Keep in mind, however, that filing a claim does not mean you will simply receive a check for what you deserve.
Their priority is to save money for their company, using an array of tactics to lower the offer — they might even dismiss your claim entirely. Even if an insurer recognizes liability and your injuries, they will still start low in hopes they can minimize the settlement as much as possible.
This can have profound implications for truck accident victims without representation. With the right truck accident lawyer, however, you will recognize when a settlement offer is inadequate, and your attorney will advise you on your next options.
Negotiating for a Fair Settlement
Hardened insurance company professionals will find any way possible to devalue your claim, including intimidating the claimant in different ways. When your attorney handles all the insurance communications, the insurer will not have the opportunity to intimidate you.
A truck accident lawyer can identify a low offer and negotiate for more, presenting evidence of:
- The severity of your injuries
- All your medical treatment
- Future treatment you will need
- The income you have lost
- Your physical and mental pain and suffering
- Other ways your injury has affected your life
If the insurance company refuses to budge on their offer or rejects your claim entirely, a truck accident lawyer may file a lawsuit. This involves complicated litigation procedures and additional attempts to settle the matter. Most cases settle outside the courtroom, though a few make it to trial.
A strong truck accident litigator’s presence in your corner may be enough to convince insurance companies to settle before a trial is necessary. Hiring the right attorney can be a huge advantage and bargaining chip.
You Want a Truck Accident Lawyer by Your Side
It is always worth at least contacting a personal injury lawyer after your accident. They will offer a free consultation, and if they take your case, they should work on contingency, which means a “no win-no fee” agreement. This means there is no financial obligation to seek legal help.
If you’ve been affected by a truck accident, be sure to reach out to Freeburg Law today for your free consultation.