If you are involved in a truck accident, the first question to come to your mind would be what should be done first? Your top priority should be your health. It should be made sure that the injuries you get are taken care of. Follow your doctor's instructions. Do not miss your appointments. If your doctor recommends you to go for physical therapy or rehabilitation, participate in it.
Every communication regarding your accident and the treatment you are getting should be recorded. Save every minute detail regarding your accident, even the pain you are experiencing and your doctor's appointments.
After an accident, you are likely to get calls from insurance agents or medical bill collectors. You may find yourself in need of professional guidance for which you are required to get the help of an attorney.
What should be done in case the Insurance Company makes you a Settlement Offer?
If you are injured in a truck accident, you may find insurance companies trying to make you early settlement offers. They may pressurize the victims to accept their offer especially when they are not aware of the severity of their injuries.
You may feel at first that the amount you are offered is a lot for you but later on, it may turn out to be hardly sufficient for your expenses. Don’t rush into making a deal with the insurance company. Consulting an experienced attorney in this regard will always turn out to be in your favor.
Is it difficult to win a Truck Accident Case?
The possibility of winning or losing varies depending upon the case. There are certain reasons that make truck accident cases difficult to win which include:
• The involvement of multiple parties like truck drivers, manufacturers and trucking companies
• These parties are represented by experienced insurance defense attorneys who take the liability of their clients seriously and work hard for their protection
• The accident victim would also require the services of an experienced attorney to win a case against these parties
How much will a Lawyer cost?
Hiring a personal injury attorney is not going to cost you anything. Lawyers don’t charge their clients for initial consultations and they take cases on a contingency fee basis which means that the attorney will only take a percentage of the compensation he or she recovers for you. If no compensation is recovered, you are not required to pay any fee to the lawyer.
What usually leads to truck accidents?
The enormous size of trucks makes it difficult for them to accelerate, slow down or stop at once as compared to vehicles lighter in weight. There are a number of causes of truck accidents which include:
- Untrained truck driver
- Trucks that are overloaded or oversized are more likely to be involved in accidents
- Poor maintenance of truck brakes
- Weather conditions like snow, fog, rain etc.
- Exhausted truck driver
- Reckless driving on part of the truck driver
- Deficient security systems like reflectors, warning devices or lights
- Driving under the influence of alcohol or drugs
What can be recovered after a truck accident?
The compensation recovered after an accident depends upon a number of factors including:
- The severity of injuries
- The actions of the liable party
- How adversely the victim will suffer in later life
The compensation granted may include imbursement for medical bills, emotional distress, damage to the property, wages lost by the victim due to missed work and compensation for loss of capacity to earn due to the accident. In case of wrongful death of a victim, the surviving loved one may get reimbursement for medical and funeral expenditures and loss of companionship. If the deceased was the sole breadwinner in the family, compensation for loss of financial support will also be granted.
It should be kept in consideration that attorneys with special training in investigating truck wrecks must be contacted as soon as possible after the accident to determine the cause of the accident and to recover the best possible compensation for you.
Who can be prosecuted in a truck accident case?
There can be a number of defendants in a truck accident claim, including:
- The driver of the truck
- The owner of the truck
- The trucking company
Who should be held responsible if the truck accident occurs when a truck jackknifed?
Jackknifing denotes the bending of a large truck accidently. Jackknifing can occur as a result of failure of equipment, poor maintenance of truck brakes or poor driving conditions like a damp road. In a severe case, jackknifing can lead to a rollover.
Jackknifing occurs mostly due to the negligence of the truck driver because he may have locked up the brakes. Attorneys of the defendant party are likely to argue that the reason for jackknifing of the truck was poor road conditions or the truck had to take an immediate turn to avoid some other vehicle.
If the victim is also partly responsible for the crash, will he still be entitled to compensation?
Compensation can still be pursued with some liability of the accident. Many states have a shared fault standard for victims of the accident. According to this standard, the victims of the accident are given a percentage of the accountability. For instance, if a truck driver hits a pedestrian while checking his cellphone. The pedestrian made the mistake of being out of the crossroad and wasn’t authorized to the right of way but gets injured severely. 20 percent of the accountability of the accident will be assigned to the pedestrian because he or she was also negligent. The reimbursement awarded to the victim will be reduced by 20 percent that is the level of his responsibility.
What should be avoided after a Truck Accident?
Police should always be called after an accident. Sometimes, people exchange contact information on their own and omit the involvement of police which may turn out to be the reason of a number of issues like the truck driver giving you false contact information. Police report also favors the victim because it supports the victim's story.
Also, do not give recorded statements ever. It should be kept in consideration that your interests, and that of the insurance carrier, have a conflict. The recorded statements are rarely used in favor of the victim. Be sure to contact an injury attorney to handle your case after a trucking accident.
Law Office of David Nguyen, PC. provide compassionate and strong representation for Immigration, family law, business and employment laws.