Tips for Filing a Truck Accident Claim
How to File a Truck Accident Claim
Truck accidents are extremely dangerous and the process of getting compensation for injuries from an accident can be extensive and complicated. Trucking companies have a lot of people on their side to protect their reputation and their funds. However, with the right legal team on your side, a truck accident claim can be won with fair compensation. Below, our expert team of truck accident attorneys at West Coast Trial Lawyers break down the difficulties of filing a truck accident claim and how getting an attorney on your side can help.
Why Filing a Truck Accident Claim Is Difficult
Filing a truck accident claim can be hard because trucking companies are equipped to protect themselves, their reputation, and their funds. The following are some ways in which truck accident companies make filing an accident claim difficult for their drivers to win a settlement in their favor.
- Trucking companies sometimes falsify their records. Trucking companies have to follow certain regulations though they often encourage or force their drivers to violate these regulations and later cover their tracks by falsifying records. The most common way this occurs is for work hour violations. Truck drivers are prohibited by federal law to drive for more than 14 hours a day and must take a 10 hour rest period before driving again. However, to complete the delivery sooner, truck drivers are pressured by their employers to continue driving out on the road, thus creating dangerous conditions that can cause an accident. They might falsify records and receipts to make it seem as though the drive time was lesser than what it was on the road. Falsifying records is a way that trucking companies protect themselves from being held liable for work violations and accidents.
- Trucking companies that belong to government enterprises or large companies have extensive budgets for defense to protect them from liability for property damage and personal injuries. Since trucking companies have a lot to risk, they have many different players on their team to protect themselves. This is one of many reasons why you should hire an experienced attorney. They will help strengthen your case to get you the compensation you deserve.
- Trucking companies work quickly. At the scene of an accident, the trucking company might send out a representative to collect evidence and start building the case that will protect them from liability. They might do this while the truck driver is still processing the accident and recovering from injuries. The sooner a truck driver can get legal assistance to help them build their case, the better.
- Several other companies might be involved. In the case that an accident occurred due to a mechanical, product, or system failure, the part manufacturer will also need to get involved in the case. However, it might be difficult to determine which company produced the part since these parts have been constructed by a variety of different trucking companies.
- Evidence can be destroyed. Evidence is essential to building a case to file an insurance claim against a company. However, federal regulations allow trucking companies to get rid of data and log entries after just six months. It’s essential to secure and preserve all evidence before it gets thrown out.
Tips for Filing a Truck Accident Claim
While filing a truck accident claim can come with a series of its own issues, there are steps truck drivers should take to make the process of filing a claim more easier. Here are some essential tips to take to win your truck accident claim:
- Preserve all evidence. The aftermath of a crash can be flooded with emotion, however it is important to secure as much evidence as you possibly can. Gather photos of the scene of the accident, your injuries, vehicles involved, and property damage. Keep records of the driving logs, receipts from driving trips, messages from your employer, and any other essential evidence that can strengthen your case.
- Get medical treatment as soon as possible. This will help determine whether or not you are suffering from any serious injuries and if it is necessary for you to go on a treatment plan for recovery purposes. Your visit(s) will also be saved on file and can be used as a piece of evidence to build up your claim.
- Don’t speak to anyone or answer any questions. The trucking company and insurance company will reach out to you and ask you several questions. Based on the way you respond to these questions, they can use your answers against you to avoid being found at-fault for causing the accident. Do not speak to them until you have a truck accident attorney on your side. Once you acquire an attorney, they will handle the questions that will be asked by the other parties.
- Get an experienced truck accident attorney who will use their expertise to build your case and help you get the compensation you deserve for your losses. A truck accident attorney can help determine liability, build your case to file an insurance claim, negotiate with the insurance company to ensure you get maximum compensation, and represent you in court, if necessary.
West Coast Trial Lawyers Is Here to Help
If you or a loved one were involved in a truck accident, our experienced team of truck accident attorneys at West Coast Trial Lawyers will help you cover compensation for the losses you have suffered, which include medical bills, property damage, lost wages, and pain and suffering. No fees will be charged until your case has been settled. Call us today at (213) 927-3700 or email [email protected] to schedule a free consultation with our knowledgeable, caring, and compassionate legal team.