Most of the time, truck accident victims are left with serious injuries and mountains of financial stress like medical bills, repairs to damaged property, and other costs. Being familiar with the most common truck accident claim challenges can help you anticipate and plan for the success of your case:
- filing a case while you are still injured,
- proving the liable party for the accident,
- lack of evidence,
- limited truck insurance coverage, and
- pressure from Truck Insurance Companies.
Let’s discuss these items in more detail below:
What are the Challenges of Commercial Truck Accident Claims?
Filing a commercial truck accident claim can help you get back on your feet faster by helping cover expenses from the accident. But there are some things that could make it hard for you to get the full amount of restitution. For example:
Filing A Case While Still Injured
In most cases, victims of truck collisions incur serious bodily injuries, permanent disability, or even wrongful death. In 2020, 107,000 were involved in a truck crash and sustained physical injuries, while 4,965 deaths attributed to truck accidents were recorded in the same year.
According to studies, it is likely that you will sustain these physical injuries from commercial truck accidents:
- head and brain trauma,
- spinal cord and bone fractures,
- internal lacerations, and
- neck injuries.
More often than not, commercial truck companies use victims’ injured states to their advantage. If you are injured and in desperate need of money to pay for your medical expenses, it might make sense to accept any initial payment to cover your immediate costs.
In these situations, you must know that the at-fault party’s insurance company will do everything they can to lower their expenses. Most of the time, the first settlement offers don’t cover future costs like rehab, lost wages, and pain and suffering. While these costs may be intimidating and challenging to include in your settlement amount, an expert truck accident lawyer can help consider these factors and calculate a fair compensation value.
Proving The Liable Party For The Accident
When identifying the driver responsible for the accident, you should be able to have the necessary evidence that the truck driver’s negligence caused the truck crash. In doing so, your incident must fall under these circumstances:
- the truck driver owes you a duty of care,
- the truck driver breached that duty,
- you incurred injuries, and
- the driver’s breach of duty caused the damages.
Sometimes, proving the liable party in an accident is challenging due to the following reasons:
- There is not enough evidence to support your claim;
- There are multiple parties involved in the truck crash; or
- You are partially responsible for the accident.
If it is difficult for you to prove the truck driver’s negligence due to these reasons, it is suggested that you reach out to a commercial truck accident lawyer to help you collate evidence and defend your case.
Lack Of Evidence
It is crucial to gather evidence at the accident scene after the incident. However, victims often suffer bodily injuries that hinder them from collecting evidence. It is suggested that you follow these steps to be able to gather pieces of evidence after the accident:
- Check if you have injuries and call 911 immediately.
- Ensure that you can move freely to gather evidence.
- If possible, exchange information with the truck driver, including their contact details and company information.
- Record other evidence, such as witness testimony or photos of the scene.
- Check for surveillance or CCTV footage.
If you fail to recover evidence due to your injuries, you may contact a legal expert to help collect the necessary evidence to support your truck accident claim.
Limited Truck Insurance Coverage
According to the Federal Motor Carrier Safety Administration, a truck company must possess liability insurance coverage to operate. The insurance requirements are as follows:
- $300,000 limit for trucks weighing 10,000 pounds and below carrying non-hazardous freight,
- $750,000 for trucks weighing 10,001 pounds or above with non-hazardous cargo,
- $1,000,000 limit for private trucks carrying oil, and
- $5,000,000 for private trucks transporting hazardous cargo.
Unfortunately, most truck accidents are so severe that the total compensation for the damages goes beyond these limits. It is recommended that you contact a truck accident attorney to calculate the full restitution and negotiate a fair settlement on your behalf.
Pressure from Trucks’ Insurance Companies
Keep in mind that the other party’s insurance company will do everything in their power to lowball you in order to reduce their costs. Below are typical arguments that they use to pressure victims into accepting their lowball offers:
- you are partially at fault,
- you do not have evidence to support your claim, or
- you have limited knowledge of commercial truck accident claims.
Victims are often tempted to accept the compensation because they tend to focus on their current medical expenses and damage costs. Despite the seemingly attractive offer, initial offers are typically not enough to cover your accident’s total costs.
Take note that there are other areas to consider when calculating the damages aside from the medical bills and property repair costs, such as:
- lost wages,
- pain and suffering,
- rehabilitation for severe or permanent disability,
- lifestyle change due to the injuries,
- inability to work the same way you used to before the accident, and
- wrongful death.
It is highly recommended to consult a legal expert to negotiate with the truck insurance companies and receive full restitution from the accident.
How Can I Win My Truck Accident Claim?
A truck crash attorney can help you win your case despite how challenging truck accident claims are. A personal injury lawyer can aid in the following:
- collate evidence to support your claim,
- check for possible areas to consider when calculating your restitution,
- negotiate with insurance companies on your behalf,
- fight for the total value of your compensation, and
- keep up with deadlines.
Larry H. Parker Law Office has the best truck crash attorneys who can fight for your rights. We have decades of experience handling commercial truck accidents and ensure the utmost quality service to our clients. Call our office at 866-311-2457 to schedule a free legal consultation to learn more about your options. We will hear your side of the story, figure out your choices, and provide you with honest legal counsel.