After a truck accident, you need the insurance company to pay you so that you aren’t stuck with bills. There are several things you can do to massively increase the chance for the insurance company to pay you. If you do things right, you can get paid hundreds – even thousands more for your truck accident claim.
Read on to learn more.
What Goes into Determining the Value of Your Lawsuit?
If you have been in a truck accident, you might be wondering about how much you can make in a truck accident claim. Now, the answer to this question usually depends on the total amount of insurance that is available as well as who was at fault in the crash. Of course, apart from liability, your injuries will also matter when determining settlement.
Why Do You Need A Truck Accident Lawyer?
When it comes to truck accidents, there are many different types of trucks, such as garbage trucks, delivery trucks, box trucks, mail trucks, and the long eighteen-wheelers that have the truck and the trailer that do a lot of interstate commerce.
On that note, if you have been in a truck crash or in a crash that involved a truck, it is incredibly essential to consult an attorney or a team of reliable truck crash attorneys who are familiar with trucking accidents. Truck accident lawyers have access to certain resources and are members of organizations where they give and get continuing legal education.
They also have knowledge about the ins and outs of trucks and understand the different aspects that could go wrong. In simpler words, lawyers, especially those who are familiar with and have vast experience in truck accident lawsuits, are super knowledgeable. So, speaking to an attorney means that you can really use that knowledge and obtain that maximum result in a truck accident lawsuit.
Truck Accident Cases vs Car Accident Cases
Now, the reason why you need an exclusive lawyer who exclusively specializes in truck accident cases is that truck accident cases are vastly different from car accident cases. If you see a regular lawyer, they might make the mistake of treating this case just like a car accident case. There are a lot of things that you can do with truck accident cases that are different from car accident cases.
Obtain Different Types of Discovery
With a truck accident case, you can obtain different types of discovery. Discovery refers to the fact that you request information from the other side. In a truck accident case, your lawyer might request a hundred different things, such as a black box. Trucks have black boxes that record information. The lawyer might as well request the driver qualification file.
The lawyer might as well request the bills of lading and other specific information about whether the truck driver actually violated the maximum number of hours.
The FMCSA and Trucks
You should know that truck accidents are governed by the code of federal regulations, and there is something that is referred to as the Federal Motor Carrier Safety Act. According to the FMCSA, there are a lot of rules and regulations. Subsequently, what the lawyer has to do is to ensure that that truck that got into a crash with you did not violate any of the rules set by the FMCSA. On that note, if the trucker did violate any rules, it proves that they were indeed negligent, which in turn can result in maximum settlement.
How to Establish Negligence?
Negligence plays a crucial role in accident lawsuits and settlements. Now, you might be wondering what negligence is. At its fundamental core, negligence is the failure of the driver to use reasonable care. Negligence also indicates a failure to use ordinary care. On that note, if the truck driver or the trucking company violated a rule set by the code of federal regulations, then that refers to negligence, and you have a strong case at hand.
Truck Accidents Can Cause Serious Injuries
Truck accidents can lead to serious consequences, including serious life-changing injuries. There can also be wrongful death cases. Truck accidents can also lead to traumatic brain injuries as well as spinal fusions. Herniated discs that need surgeries, as well as other injuries, such as broken bones, are also the outcome of truck accidents. Sometimes, pedestrians and bicyclists can also get hit by trucks.
The Lawyer Will Assess the Case In Detail to Gauge the Settlement Value
The settlement value of your truck accident case really depends on the type of case you are involved in. It also depends on the kinds of injuries that you have sustained. However, despite the fact that the accident wasn’t your fault, you cannot fight the case and reach the highest settlement on your own.
You need a good lawyer by your side who can do the deep dive for you because without doing that deep dive and auditing the case from all angles while really examining all the intricacies and variables of the case – you won’t know what you are entitled to and whether or not you can get the maximum amount.
Liability is The Most Important Factor
Usually, trucks and trailers have one million in coverage, and they will have excess coverage. On the other hand, a lot of these smaller companies, such as smaller commercial trucks and vans, also typically have one million in excess coverage. Bigger trucking companies gave a lot more excess. There have been settlements that involve fifty million or more. Delivery tricks have a lot of insurance. The same goes for garbage trucks.
If you are dealing with a city garbage truck, such as a garbage truck in New York City, then you are essentially dealing with the city, which is unlimited. It is essentially the budget of the city.
Now, you might have already gotten the idea that with a lot of trucking companies, insurance is not the real problem. The factor of liability is more important, which is why your lawyer will work closely with trucking experts while looking at the scene and the truck to prove the case.
