In the aftermath of a truck accident, victims often face a multitude of challenges including debilitating injuries and mounting financial burdens such as medical bills, property damage repairs, and other unexpected expenses. Understanding the common obstacles encountered when filing truck accident claims can help prepare for the journey ahead. The most common challenges include:
- Initiating a claim while still dealing with injuries
- Determining liability for the accident
- Gathering sufficient evidence
- Navigating the limitations of truck insurance coverage
- Managing pressure from truck insurance companies
Let us explore these challenges further. If you have questions or require help from an experienced Rancho Cucamonga personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Initiating a Claim Amidst Injuries
Truck accidents often result in severe injuries, permanent disabilities, or even fatalities. In 2020, statistics indicated that 107,000 individuals suffered injuries in truck accidents, with 4,965 fatalities.
Common physical injuries from such accidents include:
- Head and brain trauma
- Spinal cord and bone fractures
- Internal lacerations
- Neck injuries
Unfortunately, commercial truck companies may take advantage of a victim’s injured state. Initial settlement offers are typically low, focusing on immediate costs and often overlooking future expenses such as rehabilitation, lost wages, and pain and suffering. It is crucial to engage an experienced truck accident attorney who can ensure all these factors are considered in calculating just compensation.
Establishing Liability for the Accident
To successfully prove the truck driver’s negligence, your case must satisfy several conditions:
- The truck driver owed you a duty of care
- The truck driver breached this duty
- You sustained injuries as a result
- The driver’s breach of duty directly caused these damages
Proving liability can be challenging due to factors such as lack of evidence, multiple parties involved, or partial fault on your part. An experienced commercial truck accident lawyer can help gather evidence and effectively present your case.
Dealing with Insufficient Evidence
Collecting evidence at the scene can be critical for your claim but may be impeded by your injuries. Here is a recommended course of action:
- Assess your injuries and call 911 if necessary
- If you can move safely, gather evidence
- Exchange contact and company information with the truck driver
- Document the scene, witness testimonies, and check for surveillance or CCTV footage
If you are unable to gather evidence due to injuries, a legal expert can assist in this process.
Navigating Limited Truck Insurance Coverage
Federal regulations dictate the minimum liability insurance coverage a trucking company must carry, based on the truck’s weight and cargo. However, the severity of truck accidents often results in damages that exceed these limits. Engaging a truck accident attorney can help ensure a fair settlement is negotiated.
Handling Pressure from Insurance Companies
Insurance companies will try to minimize their payouts, employing tactics such as claiming you are partially at fault, arguing lack of evidence, or leveraging your limited knowledge of commercial truck accident claims. Be wary of initial offers that focus on immediate expenses but overlook long-term costs like lost wages, pain and suffering, rehabilitation, lifestyle changes due to injuries, decreased work capacity, and in case of fatalities, wrongful death.
Achieving Success in Your Truck Accident Claim
Truck accident claims can be complex and challenging, but a skilled attorney can make all the difference. They can assist in gathering evidence, calculating fair restitution, negotiating with insurance companies, and keeping track of deadlines.
At Law Offices of Fernando D. Vargas, we are ready to fight for your rights. With years of experience in handling commercial truck accident claim. Contact us at 909-982-0707 for a free legal consultation.
