Your Step-By-Step Guide to Filing a Truck Accident Claim

Your Step-By-Step Guide to Filing a Truck Accident Claim

Society / Education / Transportation

Truck accidents are one of the worst types of road crashes. They often lead to serious injury and death because of the sheer size and weight of the truck. Most times, truck accidents happen because of negligence. You can hold the responsible party liable by filing a truck accident claim. Of course when the future comes, these issues will become a thing of the past. See our piece: How Soon Will Self-Driving Trucks take over?

However, if you don’t know how the claims process works, uncertainty about how to go about seeking compensation can be stressful. You may need the help of qualified truck accident lawyers because they can help you navigate the process of financial recovery. Read on for a detailed guide on filing a truck accident claim.

Seeking Medical Care

Some injuries caused by a truck accident may have no visible symptoms – for example, internal bleeding and concussions. So, it’s often hard for people to know the extent of the harm caused by a collision.

Ensure you seek medical care immediately after being in a truck accident. A doctor will examine you for injuries and offer appropriate treatment.

Getting medical care will do more than save your life. The physician will document your injuries, which will help prove your claim. 

Safeguarding Relevant Records

Evidence is crucial in proving your truck accident case. Your medical bills are an example of evidence because they showcase what money you spent to get treatment for your injuries. So, safeguard your medical receipts. You can also document your injuries by taking pictures or videos.

Truck accidents cause more than physical injuries; you may experience pain, suffering, and emotional distress. Documenting how your injuries affect your life can help prove these intangible damages. Also, note down lost work and wages. 

Investigating the Truck Accident

You need to present a strong truck accident case to recover compensation. Evidence helps build a solid case. A truck accident lawyer can investigate your case and gather evidence. Lawyers often work with qualified investigators to collect proof. Investigators usually know what to look for. 

Investigation into your case may entail the following:

  • Reviewing medical records and the police accident report
  • Truck accident reconstruction
  • Interviewing witnesses
  • Finding and reviewing traffic camera footage

Establishing Negligence

Many personal injury cases, including truck accident cases, center on negligence. Negligence is the failure to use reasonable care to avoid harming others. Examples of negligence include drunk driving, speeding, and distracted driving.

You must prove that the defendant acted negligently, causing your truck accident. Doing so is essential in recovering compensation. A lawyer can collect evidence to help prove negligence in your case.

Proving negligence usually entails the following:

  • A duty of care
  • A breach of duty of care
  • Causation
  • Damages

Requesting for Compensation

After gathering and reviewing evidence, your lawyer can send a demand letter. It’s a document with a specific amount you’re requesting as compensation. 

Most times, the defendant’s insurance company pays for damages. So, your lawyer will send the demand letter to the insurer, and the recipient can either accept or reject the demand. 

If they accept the demand, the claim settles. A counteroffer often follows rejections.

Settlement Negotiations

Negotiations ensue if the insurer sends a counteroffer in reply to a demand letter. The aim is to reach a settlement agreement.

Most truck accident claims settle out of court, which means you receive an agreed-upon amount in exchange for dropping the claim. The money covers the losses you suffered due to the accident.

Filing a Truck Accident Lawsuit

While most claims settle out of court, some don’t. You may fail to reach a settlement agreement with the insurer, and you can take the case to court by filing a suit. 

Furthermore, the court will listen to the case and make a decision. In addition, it may become beneficial to have a lawyer represent you in court. They can present a compelling case to help you recover compensation.

Wrap Up

Getting into a truck accident can be emotionally, financially, and physically devastating, but the aftermath can be even more stressful. Lastly, knowing how the claims process works can help alleviate the stress. Hopefully, you now understand how to file a truck accident claim. 

Your Step-By-Step Guide to Filing a Truck Accident Claim